Résidence Mont-Carmel: Court Prevents Acquired RPA From Changing Status

Résidence Mont-Carmel : the court prevents the acquired RPA from changing status

The tenants of the Montreal residence have obtained a safeguard order which allows, for the moment, to maintain the vocation of their residence.

The private residence for seniors (RPA) Mont-Carmel in Montreal, on René-Lévesque Boulevard

The tenants of Résidence Mont-Carmel, a private residence for seniors (RPA) that the new owner wanted to transform into a “multigenerational rental complex” by increasing rents while reducing the services offered, can breathe. Six months after receiving an eviction notice, they momentarily won their case before the Superior Court.

In a judgment published on Tuesday, the court granted the safeguard application, which involves the continued certification and operation of the building as an RPA – and the healthcare associated with it – until September 19, while the Court considers the merits of the case .

The building was to change vocation on August 1 and become a residential building, a change that was accompanied by a 3% rent increase for tenants and the end of various services such as the presence of a nurse in residence and alert buttons if necessary.

The lawsuit filed in Superior Court involves 57 tenants who received an eviction notice for change of assignment on January 31, 2022, with a letter telling them that Résidence Mont-Carmel would become a multigenerational rental complex and would therefore no longer be a private residence for seniors.

According to public information collected by Radio-Canada, the building was sold for $40 million in December 2021 by the Longpré family to a company owned and managed by Henry Zavriyev, a young real estate investor whose real estate practices have already been the subject of English-language media reports, notably on CBC.

However, a clause in the deed of sale stipulated that the buyer had to respect the operation of the building as an RPA. The Court concludes, at this stage of the proceedings, that at first glance, clause 7.1 is clear and does not require interpretation, especially not that of the co-contractor who does not want to respect it, indicates the judgment.< /p>

However, under the Regulation respecting the certification of private seniors' residences, a category 1 RPA must offer different services included in at least two of the following categories of services: meal services, security services, leisure services or domestic help with the exception, in the latter case, of the distribution of medication.

Two-thirds of the tenants are over 75 years old, according to the technical sheet of the residence at the MSSS , but 95 of them have already left the premises, the court documents also mention.

Some residents require the presence of a nurse 24 hours a day, as Ms. Jetté, a 79-year-old tenant named in the judgment and who recently suffered a stroke.

“It is important in this case, in the context of caring for vulnerable people, to maintain the status quo. »

— Excerpt from the judgment rendered in the Résidence Mont-Carmel case

The order of the Superior Court remains in effect until September 19 , when another hearing is scheduled, this time on the merits.

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