PROPOSED CRACKDOWN LEGISLATION RAISES CONCERNS FOR LANDLORD

Proposed legislation to crack down on crackhouses and other homes of
illegal activity has raised concerns for one Regina landlord, who
doesn't want to be blamed for the actions of his tenants.

"When someone comes to my door, they don't have a big tattoo on their
forehead that says 'Hi, I'm a hooker or a drug dealer'. I never rent
to anyone knowingly that that is what they are," said Wayne Gemmell,
who has been in the business of renting residences for 30 years.

The proposed legislation Gemmel is questioning is the Safer
Communities and Neighborhoods Act, which had its first reading in the
legislature Wednesday. If passed, the act would call for the
investigation, and possible temporary or permanent closure through a
court order, of buildings where criminal activity may be occuring.

Gemmel said he owns a rental property that neighbours refer to as "the
drugstore", but he hasn't been successful in evicting the tenants due
to a lack of proof he needs to provide to the Office of the Rentalsman.

"They can shut down my house for 90 days. My house didn't do any
damage to anyone. It's the people in it," he said.

Justice Minister Frank Quennell said this isn't the case. When an
investigation is complete, the landlord will be made aware of the
findings and, with his co-operation, a course of action will be
decided upon.

"We want to help landlords make sure that they have tenants' who are
using their place as residences. The serving of an eviction notice
would have to be done on behalf of the landlord, but it would be done
by the justice investigators, or the police depending on the
circumstances," he said.

The legislation would create the office of the director of Community
Operations to investigate confidential complaints.

A suspicious landlord can make a complaint to the director and an
investigation can be undertaken. Any action taken by the director will
trump the power of the Residential Tenancies Act, under which the
Office of the Rentalsman operates.

Chanda Mitchell, executive officer of the Saskatchewan Rental Housing
Industry Association, said the new legislation will be beneficial to
landlords, who felt powerless trying to evict tenants for criminal
activity.

"If a tenant is selling, smoking pot or has any illegal activity in
their suite, we have to go through an eviction process with the Office
of the Rentalsman, which can be time-consuming and our chances of
winning are slim to none to prove any illegal act has occurred," said
Mitchell.

"This new act will help us as the new arm of the justice [department]
will be doing all the leg work and if it ever does have to go to
court, they will be the ones to provide the evidence which will be
held accountable in a court of law."

The legislation also makes provisions for other residents of a
building that may be affected by a property closure. Tenants not
involved in the illegal activity that resulted in the closure can ask
for an exemption from the court order.

"This isn't criminal legislation, it's public safety legislation. Very
much like legislation saying a house has to be safe, it can't be a
fire trap," said Quennell. "It can't pose a danger to neighborhood
children either for allowing criminal activity to go on there."