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Rental board dismisses $42,000 housing authority claim

The NWT Housing Corporation is weighing whether it will seek legal action against a woman that the Yellowknife Housing Authority alleges accessed public housing under false pretenses.

Judith Shoniwa, with her daughter Lindsay, outside a rental board hearing last month where the Yellowknife Housing Authority attempted to recoup $42,000 it claimed was owed after Shoniwa allegedly failed to disclose she had co-signed the purchase of another home in Ontario when she was accepted into public housing. The rental board recently dismissed the case, citing a lack of jurisdiction.
NNSL file photo

The presiding rental officer recently dismissed the Yellowknife Housing Authority's request to recoup $42,000 in market rent from former tenant Judith Shoniwa, citing a lack of jurisdiction.

The housing corporation won't change its policies after the authority's unsuccessful rental board challenge. It will, however, step up awareness of its home ownership rules for individuals applying for public housing. The housing authority operates under the housing corp. umbrella.

The authority argued Shoniwa misrepresented herself on a rental application by failing to disclose her cosigner status on her sister's Ontario home.

At issue, is whether cosigning to a home constitutes ownership.

Under the housing authority's rules, no person accessing public housing can be a homeowner. In the view of the NWT Housing Corporation, “any cosign of any property is deemed to be ownership,” said Tom Williams, president and CEO of the NWT Housing Corporation.

“We'll be looking at if any legal action can be taken against the tenant including breach of contract,” said Williams.

“We do have a fiduciary obligation to proper management of public funds (...) and it's contingent on the NWT Housing Corporation and its authorities to investigate,” said Williams.

In an interview with Yellowknifer, Shoniwa said the rental officer's decision was “professional” but the conduct of the housing authority made her feel “degraded, terrorized and humiliated.”

Shoniwa contacted police when a representative from the authority came to her place of work.

She first qualified for housing after she shot to the top of the wait list — with a newly obtained restraining order and fleeing domestic violence, Shoniwa obtained a unit in October 2013.

After leaving public housing in June 2017, Shoniwa purchased a Yellowknife home shortly after the sale of her sister's Ontario home in July of that year.

On a tip, the housing authority began to investigate whether Shoniwa also owned the Ontario house.

Judith Shoniwa's sister, Precious, told the rental officer by phone that she needed a cosigner to beef-up her credit and qualify for her Ontario home mortgage.

“I was the primary owner and Judith was the cosigner. Judith was just a name to help me get a mortgage,” Precious told the board.

Now that the Yellowknife Housing Authority has exhausted its attempts to recoup the $42,000 in market rent from Judith Shoniwa, only the NWT Housing Corporation can decide if it will take legal action, said Yellowknife Housing Authority CEO Bob Bies.

The NWT Housing Corporation will not appeal the Rental Officer's decision but is seeking legal advice, said Williams.

“I think the big message we want to send is we're responsible for ensuring property management of public funds. We have to make sure (public housing) is available for people that are in need of public housing,” said Williams.

The alleged misrepresentation is an “isolated case and the YK housing authority saw it as an isolated case, he said, adding that the majority of tenants accessing housing meet the program criteria.