Landlord Loses Eviction Case: Osorio v. Atkinson Housing Co-operative Inc

Dispute Summary

The appellant, Mr. Osorio, appeals three orders of the Landlord and Tenant Board that found he was not a member of the respondent non-profit housing co-operative and ordered his eviction from the unit in the co-op. The appellant used to be a member of the co-op but left the unit in 2011 due to a restraining order. In 2018, he provided the co-op with written confirmation that he had not resided in the unit since August 2011 and that he agreed to resign his membership. In 2022, the co-op discovered the appellant's ex-spouse had moved out and the appellant was living in the unit without being a member.

Determinations

• Appellant used to be a member of the co-op but left the unit in 2011 due to a restraining order
• Appellant provided written confirmation in 2018 that he had not resided in the unit since 2011 and agreed to resign his membership
• Board found appellant was not a member of the co-op at the time of the landlord's application
• Board did not have jurisdiction to order appellant's eviction