Section 57.1 — Former tenant’s application, failure to afford tenant right of first refusal

57.1 (1) The Board may make an order described in subsection 57 (3) if, on application by a former tenant of a rental unit, the Board determines that the landlord was required to afford the former tenant a right of first refusal under section 53 and failed to do so.

(2) No application may be made under subsection (1) more than two years after the former tenant vacated the rental unit. ;

(2.1) An application that was made under subsection (1) before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force and was not finally determined before that day is deemed to comply with subsection (2), as it reads on that day, if the application was made more than one year, but not more than two years, after the former tenant vacated the rental unit.

(2.2) If a previous application made by the former tenant was dismissed before the day subsection 10 (1) of Schedule 4 to the Protecting Tenants and Strengthening Community Housing Act, 2020 comes into force for failure to comply with subsection (2), as it read before that day, the former tenant may make another application under subsection (1) more than one year, but not more than two years, after the former tenant vacated the rental unit.

(3) An application may be made under subsection (1) regardless of whether the alleged failure to afford a right of first refusal on which it is based occurred before, on or after the day section 11 of the Rental Fairness Act, 2017 comes into force.