The Senior Times Online

30 years of fighting for basic human rights

Barbara Moser
Michael Chervin, executive director of Project Genesis, has the kind of smile that stays with you long after you’ve left his bright and busy office at the corner of Victoria and Côte-Ste.-Catherine Rd.
Looking back on the occasion of the 30th Anniversary of the grassroots organization that Jim Torczyner founded, Chervin proudly says the mandate hasn’t changed one bit.
“We defend people’s social rights, to have access to affordable, decent, safe housing, and the basic means to be able to live with dignity,” he says.
He’s prepared notes, but the words come straight from his heart. “People need to be able to pay their rent and basic food requirements.”

Michael Chervin and Susan Sokol, staff

But Chervin is not complacent about the work that goes on within these walls. “Welfare and Old Age Pensions should enable people to live with dignity, but we haven’t reached [that stage] yet. They need to be vastly improved.”
The people who come to Project Genesis, Chervin says, are not always aware of what’s available to them or how to get through the “bureaucratic maze” to access their rights, including “a strong public health care system.”
Che rvin says he’s angry with the government for not fulfilling its obligations to those who are most in need and at risk. “For 30 years we’ve insisted that the government has the responsibility of not only ensuring these social rights in practice, but of safeguarding and strengthening them.”
He gives a telling example of a woman, in her 80s, who came to Project Genesis with questions about her housing situation. “The discussion led to the difficulty of making ends meet. With her permission, the advisor went through the income information and discovered she was entitled to $300 to $400 a month more in Guaranteed Income Supplements, in addition to retroactive payments for one year before applying.”
Chervin says this is a sign the government is failing in its responsibilities — that they could easily contact individuals who send in their tax forms and are obviously not taking advantage of their eligibility for Guaranteed Income Supplements — but they do nothing.

Dua Hyjazie, volunteer

Project Genesis serves the Côte-des-Neiges neighbourhood but people from outside the area are welcome to drop by or call in with questions about housing and access to government services.
Chervin appreciates the “passion, drive and skills” of the dedicated volunteers, staff and student interns who sit in colorful cubicles addressing the needs of their clientele. This, he says, hasn’t changed in 30 years: “It’s as intense and strong and bright and alive as it ever was.”
Becoming a member of Project Genesis involves volunteering. No membership fee is required.
On the Friday afternoon we visited, Dua Hyjazie, a UQAM law student, was busy advising a client of his rights.
For Chervin, dedication to his clientele means a good dose of what it takes to fight a battle. “[We] continue to search for social justice and are just as angry and constructively active in the face of injustice as ever.”
Project Genesis is strategically placed in one of the most multicultural neighbourhoods in North America. Last year, people from 131 countries of origin visited the storefront, Chervin says. He is equally proud of the trust developed between clients and advisors , nourished by confidentiality. “We treat people as people, not as cases or files or numbers.”
This is evident as we read the Wish Tree that clients see upon entering the storefront. Hanging from its branches are colored strips of construction paper with messages from the people who are served by Project Genesis, such as “I hope that we continue our action and struggle to benefit the people and bring them social justice and peace.”
“We continue to be relevant and grounded in the realities of our neighbourhood, attuned to local needs and aspirations,” Chervin says, “because poverty and injustices are far from ended. There is a lot of work to do.”
Project Genesis has a special 30th anniversary fundraising drive. Send your donation to Project Genesis, 4735 Côte-Ste.-Catherine Rd., Montreal, QC, H3W 1M1 or call 514-738-2036 should you have a question about membership or donations, or if you are concerned about your living conditions or access to government services. If you live far from the area, they will direct you to similar services in your community.

Know your tenant rights!
Project Genesis Store Front staff offers answers
to frequently asked questions.
My apartment is cold, what are my rights? Is there a minimum temperature that needs to be maintained in an apartment? Can my landlord lower the heat at night?
The landlord must maintain the temperature at a minimum of 21 degrees, day and night, all year long. It is not true that the landlord can wait until October to turn on the heat. If it is cold, heat must be provided, regardless of the season. The landlord also does not have the right to turn the heat down to below 21 degrees during the night.
My landlord sent me a letter increasing my rent. If I don’t want to pay it, do I have to move?
No. Tenants have the right to refuse a rent increase if they think the increase is unfair. If a tenant wants to refuse, he or she must do so within a month of receiving the landlord’s rent increase letter; otherwise the tenant will be considered to have accepted the increase. Sending the refusal by registered mail will help a tenant to prove that the landlord has received it.
If a tenant refuses an increase, the landlord then has the right to go to the Rental Board and ask that the rent increase be decided. The Rental Board puts out estimates every year of what an average rent increase would be, depending on the heating system and other factors. However, if the Rental Board is asked to decide on an increase, these estimates will not be used. Instead the Rental Board will consider the actual income and expenses of the building in question. For more information on whether or not to refuse a rent increase, visit Project Genesis.
My landlord has changed the heating system to electricity and now the bills are in my name. What can I do?
Legally, a landlord must send a notice before making any changes in a lease, including changing who will be responsible to pay for heat. If the landlord sends a notice saying that heat is no longer included in the rent, you have the right to refuse this change. The landlord remains responsible for paying the heat until the Rental Board says otherwise. If the landlord refuses to pay the heating costs, the tenant can go to the Rental Board and ask that the rent be lowered to make up for the fact that the tenant is now being forced to pay for the heat.
Can I be evicted in the winter?
There is no law preventing a landlord from evicting a tenant in the winter. However, no one can be evicted without a decision from the Rental Board, no matter how much money may be owed. If you get any kind of eviction notice from the landlord, it is important to take it seriously and to seek legal advice.
My landlord refuses to make repairs. Do I still have to pay the rent?
Tenants are responsible to pay the rent on the first day of the month, whether or not the landlord makes necessary repairs. If the rent is more than three weeks late, the landlord has the legal right to go to the Rental Board and ask that the tenant be evicted.
The tenant can take certain steps to obtain the needed repairs. A letter can be sent to the landlord by registered mail demanding the repairs within a reasonable time limit, and stating that the tenant will ask the Rental Board for certain relief if the repairs are not made. Then, if the landlord still fails to address the problems, the tenant can file an application with the Rental Board asking that the landlord be ordered to make the repairs. The application can also ask for a rent reduction, damages or other relief. The tenant can also contact the Municipal Inspectors after sending the letter to the landlord.
I want to move. Is it true that all I have to do is give my landlord a 3-month notice?
A tenant who signs a lease remains responsible for the rent until the end of the term. You cannot get out of your lease just by giving 3 months notice to the landlord. An exception to this would be if you have been accepted into Low Cost Housing or a nursing home. In these cases, you could cancel your lease by giving the landlord a 3-month notice.
If you do not wish to renew your lease at the end of the term, you would need to send a non-renewal notice to the landlord 3 to 6 months before the end date of your lease. However, if the landlord has already sent a notice to increase the rent, you would need to respond to this notice within one month saying that you will not renew the lease.
If you wish to leave your apartment before the end of your lease, the only other option would be to either get your landlord’s agreement (in writing), or transfer the lease to someone else. There are forms for taking these steps, which are available at the Rental Board or at community organizations like Project Genesis.