LANDLORDS ARE NOT POLICE

Marijuana grow-operations can be a danger to their neighbourhoods and can
cause damage to the homes they inhabit. But punishing landlords for that
potential damage isn't fair, and it won't solve the problem.

Councillor Rick Chiarelli wants a bylaw to force landlords to pay for an
expensive engineering study if police find a tenant's grow-op on their
property. The study is to see if the grow-op damaged the structure of the
house.

He says these operations can create large amounts of heat and humidity,
causing structural damage to homes.

"The main point is that somebody has to pay. Should it be the landlord,
who's responsible for the building, or some innocent home-buyer when the
landlord is trying to unload it?"

The answer is: neither. Ontario's Tenant Protection Act says tenants are
responsible for damage they cause through "wilful or negligent conduct."
Granted, it isn't easy to find underground gardeners if they've moved on.
But if the city is concerned about fairness, it should look first to the
perpetrator of the damage, not the perpetrator's landlord.

If the city adds to the expenses of landlords, the rents will rise and
innocent tenants will end up paying for damage caused by drug growers.

Mr. Chiarelli says most landlords know about the grow-ops and "turn a blind
eye." Signs of a grow-op are extreme fluctuations in electricity use, a
strong smell, darkened windows and nighttime activity.

It's true that landlords, or neighbours or friends, might develop suspicions
because of such signs. But like neighbours or friends, landlords are not
obliged to do the work of police. An insomniac with a darkroom might seem
suspicious from the outside.

Similarly, landlords are not expected to know what goes on in their
properties. On the contrary: They are obliged to give their tenants as much
privacy as possible. Landlords cannot "drop by." They must give 24 hours'
written notice, except in unusual circumstances, such as an emergency. Just
because a landlord might become aware of a grow-op doesn't mean a landlord
necessarily will. Not every landlord visits the property on a regular basis.

There's nothing wrong with landlords educating themselves about the signs of
grow-ops. They have the right to evict tenants for conducting an illegal
activity on their property. That right should be encouraged and enforced by
the city and provincial governments.

If the grow-op is likely to cause damage to the structure, it is in the
landlords' interest to evict such tenants. Mr. Chiarelli says that if
landlords make a greater effort to evict, there won't be a need for a bylaw.
In the next few months, a taskforce will be consulting with landlords,
police, Hydro Ottawa and the city, on ways to co-operate.

Mr. Chiarelli and other supporters of this idea are right to try to rid the
city of underground drug operations. These operations are notorious for
faulty wiring that can cause fires, and other safety hazards. But the bylaw
idea is unfair. Besides, this is not even the city's problem to solve. If
Canada did not make marijuana criminal, the need for these underground
operations would cease to exist.