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No Heat For Three Days? (Double Amputee Among the Renters)

February 7th, 2012

According to a Daily News report, renters at a south Nanaimo rental complex were without heat or hot water for three days.

The townhouse complex has a history of problems.

Back in early 2008 a teen-ager was stabbed during a “all-nighter” party.

In the summer of 2008, it was where a man began a cocain-fuelled rampage and ended up murdered demanding crack. His body was dumped in Nanaimo Harbour.

In 2009, there was a horrible pitbull attack.

In 2010, a family with four members was left homeless after a fire burned out their apartment.

Jim Kelman is one of the tenants. He also happens to be a double amputee. According to Kelman not having access to hot water didn’t allow him to protect his skin when wearing his prosthetic leg.

According to the property manager, heat issues happen and since it wasn’t longer than two days it wasn’t a real problem.

Tags: Nanaimo, No heat
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MLA Claims He Was ‘In Tears’ Trying to Find Affordable Housing

January 18, 2012

Surry Fleetwood NDP MLA Jagrup Brar issued a ‘Welfare Challenge’ to himself. He’s a week into trying to rent an apartment and pay for food on a budget of $610 a month. The budget is the same a single adult receives on welfare.

Brar said he was “in tears” last week over the challenge. According to Brar, “Living in poverty is hard and demoralizing. Looking for food makes your body tired.”

He took part in this challenge to raise awareness for “Raise the Rates.” Raise the Rates is a coalition of social groups that demands the B.C. government quickly raise welfare payments.

On Wednesday Brar went out looking for a place to stay assisted by a worker from Hyland House, a Surrey-based organization that runs a homeless shelter.

Brar had put together a list of possible rooms he could rent for the $375 government housing allowance, but was shocked at what he found.

“The first house had four little rooms and was a dirty and filthy looking old house,” said Brar.

He said the room available for rent had no laundry facilities and the landlord wanted $450 a month “for a place no one would want to stay for one day.”

The next home he visited was similar.

The whole experience was both heartbreaking and shocking, Brar said. “This was a room like a closet. It was three feet wide, seven feet long with a single bed in it occupying the whole space,” he said.

“You could barely step in and go straight to your bed. There was no window. The landlord told me the person who was going to occupy that room was a patient coming from hospital after an operation.

Brar continued: “It was unimaginable for me to hear that people have to chose to live in those kinds of places, tears started falling out of my eyes,” he said.

The room rented for $300/ month.

“The person who showed me that closet-like room owns 50 rooms. She is making $20,000 a month on the backs of the poor of B.C. with the help of the ministry. It’s unacceptable and immoral,” Brar said.

At last, he settled for staying in an illegal rooming house on 136A Street that was clean and has 7 other tenants. The spacious room rents for $400 a month, but he will only pay for the part of the month he will stay there.

“This is like a seven-star hotel compared to the other places,” he said.

On Wednesday, he went shopping for food, spending $32.87 for a variety of packaged foods including some milk, fruit, vegetables, bread and peanut butter.

Brar said he would continue his “Challenge” and stay in the Surrey rooming house for 16 days and then look for a place to live in the Downtown Eastside of Vancouver.

After other expenses, Brar calculates he has about $70 left for food for the rest of the month.

Tags: affordable housing, Welfare
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British Columbia landlords can raise the rent by 4.3% in 2012

January 1st, 2012

Happy New Year!

BC landlords take note: A Landlord can increase rent each year up to (but not greater than) the percentage equal to the inflation rate plus two percent. The allowable rent increase for each calendar year is available on the Residential Tenancy Branch’s website. For 2011, the allowable rent increase is 2.3%. For 2012, it is 4.3%.

Here’s how it can be calculated. Example:

Your current rent:	$500.00
2012 allowable increase (4.3%)	$21.50
Your new rent	$521.50

If a Landlord charges an amount higher than the allowable amount, the Tenant does not have to pay the excess rent unless the Tenant has been served with a dispute resolution officer’s order allowing the rent increase.

Here are the Rules:

The notice must be served three full months before the rent increase takes effect. For example, Janet moved into an apartment on June 1, 2010 and pays rent of $700.00 per month. Her Landlord serves her a Notice of Rent Increase by mail on February 20, 2011 to pay rent of $716.10 beginning June 1, 2011. This rent increase was done in accordance with the Act.

If a Tenant has paid an increase that was higher than the permitted amount, the Tenant may deduct the amount from future rent.

To raise the rent above the permitted amount, the Landlord must have either the Tenant’s written agreement or an Residential Tenancy Branch order. The Landlord still has the burden of proving any claim for a rent increase of an amount that is greater than the prescribed amount. The Tenant(s) will have an opportunity to appear at the hearing of the application, question the Landlord’s evidence, and submit their own evidence.

With rising costs and potential upcoming political pressures on the horizon, it could be a good idea for British Columbia landlords to make sure they raise rents in 2012!

Tags: 2012 rent increase
Posted in Landlord and Tenant News | 2 Comments »

Tenant Alleges Landlord Hid a Camera in Her Bathroom, Made Videos

December 19th, 2011

According to a CBC news report, a tenant studying at the University of Victoria alleges her landlord used a camera hidden in her bathroom to secretly film her for years.

The case was filed in the Supreme Court of B.C.

The tenant, Devon Harrington, states in the suit she rented the basement unit from landlord Robin Mitchell and his wife beginning in August 2008.

The rent was $675 per month.

In the suit, the tenant claims she found a video camera in the bathroom of her rental recording her showering, changing clothes and even using the toilet. This had been going on for nearly 32 months.

The tenant also claims the landlord, a senior bureaucrat in the government of B.C. who is an expert at computer software, even made videos of the secret filming and posted them on the internet and shared the videos with friends.

The tenant claims she is feeling humiliated and is a state of depression.

Harrington is suing for damages.

To discuss this, come to the Advice Forums here

Tags: crime
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What’s going on in Ontario? (Rent increases capped at 2.5%)

December 10th, 2011

Many of us have our roots in Ontario. Or at least family members there. You might even own a rental property in Ontario.

Many Ontario based landlords complain about overly tenant friendly legislation. For example, you can’t legally charge for a damage deposit, you can’t tell tenants not to have pets, and a variety of other things.

You can read more about the Ontario rental industry at the Ontario Landlords Association at Ontariolandlords.ca

Now to add fuel to the fire, there is yet more big news coming from Ontario.

So what’s the big news from Ontario regarding rental properties?

Like here, Ontario has rent control. This means you can only raise rents on your tenants annually at an amount decided by the government.

So what’s this ‘big news’ about changes to the law regarding rental properties there?

According to a government press release, the government wants to amend the Residential Tenancies Act. The amendment will ‘cap’ rent increases at 2.5%, no matter what. This is important news for landlords.

Why is this important?

Considering the 2012 rent increase in Ontario is 3.1%, and the British Columbia rent increase for 2012 is 4.3%, this cap could play a very large role in de-investment in the Ontario rental sector.

Why is this important for landlords in British Columbia?

If one provincial government can cap rents, so can ours. Ontario could be seen as a ‘warning sign’ for BC landlords to understand and appreciate the importance of good government and not a government that grovels for tenant votes.

See here

Tags: Ontario rent increase guideline, Ontariolandlord.ca
Posted in Featured, Ontario landlord and tenant news | Comments Off on What’s going on in Ontario? (Rent increases capped at 2.5%)

Rental bylaw confusion

Dear Condo Smarts: I purchased a unit for investment purposes in 2007 with the intent that someday my wife and l would retire to Victoria.

Since our purchase, our daughter has resided in the unit as a family member with no incident. She has also served on council for one term, with the thanks of the owners in the building.

The newly elected strata council sent us a notice that we have to provide a Form K under the rental bylaw, and if we fail to provide the Form K, we are subject to the $500 fine of the rental bylaw.

We responded to the council that she has been a resident for more than four years, we are not in violation of the rental bylaw and have no intention of completing a form. The council has now imposed a $500 fine on us for failing to provide the form.

How can a strata council impose a fine for a bylaw that we are exempt from?

Evan Dyer

Dear Evan: The Form K (notice of tenant’s responsibilities) is a requirement

under the Strata Property Act for any landlord-tenant relationship in a strata.

There is no exemption from a Form K requirement.

The real impact and risks of not providing the Form K, however, rest with the landlord, not the strata corporation or the tenant.

The landlord must give the prospective tenant the current bylaws and rules, and a copy of the Form K. Within two weeks of renting, the landlord then has to provide a copy of the signed notice to the strata corporation.

If the landlord fails to comply, the tenant is still bound by the bylaws and rules, and may within 90 days of learning of the landlord’s failure to comply, end the tenancy without penalty by giving notice to the landlord.

Under these terms, the landlord must also pay the tenant’s reasonable moving expenses to a maximum of one month’s rent.

Here’s where a bylaw for a Form K is a bit tricky.

If the rules and bylaws still apply, and the landlord is subject to incurred penalties by the tenant, why would the strata corporation care about the tenant?

Under Section 35 of the act, the strata must maintain a list of names of owners and tenants. The recordkeeping is also essential for emergency and safety purposes.

As a result, many strata corporations include the providing of a Form K as part of the bylaws, but what fine is the strata permitted to impose, and at what frequency?

The strata corporation may only restrict the rental of a strata lot by a bylaw that limits the number or percentage of units that may be rented, or the period of time units may be rented. The limitation in the act does not include a Form K as part of a rental bylaw.

The only provision for a $500 fine is if the landlord is renting in contravention of a bylaw that limits or prohibits rentals.

As a family member, your daughter is exempt from the rental restriction bylaw, but you must still provide a Form K.

The maximum amount for any fine permitted by the regulations, for bylaws other than rentals, is $200, and it’s arguable as to whether this particular fine is permissible at all.

We know one recurring problem about bylaws in strata corporations that many strata councils and owners forget. You can adopt almost any type of bylaw, but is it enforceable? And if not, what will be the cost to the strata corporation?

Disputing the enforceability of bylaws after the fact is a costly venture for strata corporations and owners. Before you adopt a new bylaw, legal advice is necessary to ensure your new bylaws comply with the Strata Property Act, the regulations, the B.C.

Human Rights Code and any other enactment of law.

Tags: Form K requirement, rental bylaws
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12 Maple Ridge tenants evicted due to safety concerns

December 1st, 2011

Twelve people in Hammond had to find a new home in a hurry with winter and nightfall approaching, after the Maple Ridge Fire Department evacuated the building they lived in Friday because of safety concerns.

The fire department ordered the emptying of the four-suite, 80-year-old building at 11293 – 113th Ave., after finding electrical meters had been removed and power bypasses hooked up.

“The issue for us was the building was without safe electrical connection. The Hydro has been disconnected from the building based on unsafe installation,” fire chief Dane Spence said Tuesday.

“The thing that made it immediate was the unsafe electrical and the fire alarm system.”

He said there was some allegations that some people didn’t have the right to be there, but Spence said his focus was on the safety of the building and the people residing there.

“In this case, I could not make it safe. It was not a safe situation.”

He sympathized with the tenants, but said it was his responsibility to ensure safety.

The owner of the building will have to bring the building up to code before people can re-occupy it.

Reg Hudon, former caretaker of the building, said the fire department was in too much of a hurry, given that B.C. Hydro crews were on their way to re-install the meters and complete electrical repairs.

“The [fire] chief came over to condemn the building. A half-hour later B.C. Hydro were coming to put back the meters.”

Some of the tenants that were booted out, took out their anger on the building and did further damage “just because they didn’t want to move.

“They’re all gone. I don’t know where they are,” he added.

“Some were afraid to offend the authorities, so they just took off right away.”

Kerry Fortney was one who had to leave. She and her boyfriend and her dog had been living there since September, paying $700 rent, utilities included. She had two hours to collect her belongings and get out.

“I liked living there. I didn’t think it was too bad.”

The trio have had to go to a friend’s house while they look for another place. But she’s already down $150 that she had to pay to put her belongings in storage.

Hudon said there were some issues with drugs at the building, but that it was in good condition.

“It may be old, he said, but “it’s a nice, cosy, warm building.”

Residents in two of the four suites, which rent for $700 a month for a one bedroom suite, were on income assistance.

A complicated domestic legal battle also surrounds the building.

Hudon is fighting a Residential Tenancy Branch order from June, evicting him from the caretaker suite. A judicial review of that takes place Dec. 16. However, on Oct. 24, he received a separate order giving him exclusive occupancy of the suite until the whole issue of the building’s ownership has been settled.

In January, he was terminated as the caretaker, but his lawyer disputes that and says he was a common law husband of the building’s owner. In September, a court order told him not to interfere with the tenants.

Hudon also made a claim on the ownership of the building. That’s yet to be set for trial.

But that’s not the issue, he says.

“The issue is these people have no place to go.”

“Don’t want to hurt anybody, but we want to let them know everybody has a right to a roof over their head, especially around Christmas and winter.”

http://www.bclocalnews.com/news/134713488.html

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The jury speaks: Allow inspectors to issue fines to property owners

November 29th, 2011

A terrible tragedy. A rooming house fire resulting in the death of three men.

The fire happened at 2862 Pandora St. last December 22nd. The rooming house was described by Vancouver official as “illegal.”

Nearly a year later, the jury recommended to the B.C. Attorney-General’s office that provincial inspection units should have the authority to issue immediate penalties to landlords through fines or tickets. The jury also recommended it be easier for the government to shut down dangerous rental properties.

The Pandora Street house had been the subject of numerous city inspections after complaints from neighbours that males were urinating in the backyard. It contained broken plumbing, non-working toilets and illegal construction, according to evidence during two days of testimony.

The men’s deaths led to suggestions that the city and owner Choi Leong should be held responsible, as between them they had allowed the house to remain essentially in the same condition as when inspectors swarmed over it in the summer of 2010 looking for anything dangerous enough to get the power cut off.

There were many problems, including unsafe wiring, but inspectors failed to find anything in the electrical system dangerous enough to justify having the premises deemed an imminent risk to safety.

So instead of cutting off power and essentially putting the residents out on the street, the city’s inspection department began the protracted process of seeking a court order to have the rooming home closed, a process that would have likely taken two years.

Leong was ordered by the city to close down the rooming house by Oct. 31st – an empty threat that officials hoped she might accede to. Leong said she gave notice to her tenants, who agreed to leave in the new year.

Someone brought an artificial Christmas tree into the home and placed a set of incandescent bulbs on it (not LED bulbs as formerly reported) using an extension cord to bring power from a wall socket.

However, it became clear any reason to blame either Leong or the city directly for the fire disappeared with the testimony of Vancouver’s chief fire investigator Capt. Ray Bryant.

Bryant said an investigation found no fault with the house wiring in relation to the fire and that an electrical fault had developed either in the extension cord or the lights themselves, causing the tree to ignite and set fire to a nearby mattress.

The three victims had been drinking heavily in the hours before the fire and were not aroused by the smoke and flames. They died of smoke inhalation after being pulled from the home by firefighters who were on the scene within minutes of the alarm.

The inquest also heard that none of the residents had ever complained about their living conditions and city staff said the home – though in poor condition and squalid – was by no means the worst example of such housing in Vancouver. The only time any emotion entered the proceedings was at the end of the testimony of city inspector Pamela Kiselbach, who had dealt extensively with the residents and had recommended court action against Leong.

Asked by coroner Owen Court how she felt upon hearing of the fire and the mens deaths, Kiselbach said she was devastated. “I never thought there would be a fire there. I knew these people. I was their little inspector from city hall,” she said with self-mockery.

“But you’re the first one to ask me about it.”

To read the original story please click here.

Tags: fire, rooming house, Vancouver landlords
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Vision Vancouver promises an online rental database

November 10th, 2011

With elections on the way, Vision Vancouver released another piece of its election platform on Saturday. This time, pledging to create an online registry to track property violations in Vancouver apartments.

City Council candidate Tim Stevenson the database means property owners will no longer be able to ignore their buildings in isolation and anonymity.

“Fifty two per cent of our citizens are renters, and Vancouver tenants deserve an easy way to know the history of the building they live in, and if their landlord is responsible,” Stevenson said in a written release.

“An online database of Vancouver apartment buildings, highlighting work orders and property violations, is a simple step to empower Vancouver renters.”

The database, modeled after a successful on-line watch list created by New York City’s Public Advocate, will allow Vancouver residents to search out landlords and identify any building or safety violations issued by the City of Vancouver to specific rental buildings.

“As a renter, I’ve heard countless stories of friends who have lived in buildings with landlords who didn’t make timely repairs,” said Vision Park Board candidate Trevor Loke.

“By using the city’s commitment to … make building information available to the public online, we can provide renters with a simple tool to stay informed and avoid problem buildings.”

Civic elections will be held throughout B.C. on Nov. 19.

To read more click here

Tags: database, landlords and tenants
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British Columbia Landlord News

City to seek court action on illegal suites

October 21st, 2011

West Van landlord pleads unsuccessfully for more time for his tenants to rehouse

THE City of North Vancouver is headed to the Supreme Court of B.C. to evict two households from a pair of illegal suites in an Ottawa Gardens duplex.

A divided council voted 4-3 Monday night to seek a court injunction after a lengthy, bitter debate.

The illegal suites in the building on the 200-block of West Sixth Street have been on the city’s radar for more than a decade, but a series of reviews and appeals requested by owner Arnold Wallner have fended off eviction of his tenants. In March, Wallner attempted unsuccessfully to have his property rezoned.

Wallner appeared Monday to plead for more time for his tenants to find new homes. “It is not my intention to act against the city’s bylaws,” he said. “Mister mayor and members of council, I would really like to apologize for any wrongdoing in this matter. I am asking for forgiveness and I’m asking, respectfully, for more time to sort out things.”

Wallner also presented letters from his tenants, both praising him as a good landlord and arguing there were no other comparable homes in the city at the price: $790 and $820 respectively. One tenant asked council where everyone would go if all the City of North Vancouver’s illegal suites were closed.

“It is very difficult for anyone to find anything that comes close,” Wallner said. “Not by a long shot. This is a fantastic location, and in excellent condition. I spent lots of money for upgrading.”

City staff, however, said Wallner had rebuffed their attempts at inspection and said they believed the two suites did not meet the fire safety standards of the B.C. Building Code.

Wallner was somewhat evasive about exactly how much time he wanted before Mayor Darrell Mussatto pressed him to answer a yes or no question for a twoand-a-half-month extension. Wallner also admitted he was hopeful to bring the issue before a new council following the civic election in November.

“Anyone who purchases property has an obligation to understand the legal constraints on that property,” said Coun. Pam Bookham. “Mr. Wallner has indicated that he has been aware for at least 11 years that he was operating in violation of our bylaw that doesn’t allow secondary suites in duplexes. If we were to follow the logic he has tried to argue, it seems to me any number of suites, regardless of existing bylaws, ought be allowed because it provides someone with affordable housing.”

Bookham said Wallner’s appeal was simply another delaying tactic. “I’m prepared tonight to see this matter go forward to the Supreme Court,” she said.

Under questioning from Coun. Rod Clark, Wallner said he was a West Vancouver resident and had never lived in the building himself.

“Mr. Wallner lives in British Properties,” said Clark. “This is an investment for him and nothing else. He has no ties to the property and the revenue from these suites goes into his pocket each month.”

“He’s a lousy landlord,” continued Clark, who criticized Wallner harshly for ignoring fire safety standards and city bylaws, and said he was well aware of the consequences for his tenants.

“I feel badly for the tenants, I really do,” he said. “I understand what’s going to happen here. These people are going to be displaced. That’s very regrettable.

“But the city is not the one at fault here. Mr. Wallner is at fault.”

Coun. Mary Trentadue pressed staff on exactly what action the city would take. Bylaw services manager Brad McRae said the eviction would be Wallner’s responsibility and admitted he hadn’t ever been through a similar process.

“This is a human issue,” said Trentadue. “These are people who live in a home who pay modest rent. I’ve been a renter in the city, I couldn’t find a place for that price. This home has been a rental opportunity for people for 30 years, well before it became a heritage area.

“I don’t want to see this city taking Mr. Wallner and his tenants to the Supreme Court. I think that’s an absolute waste of time and money. There are all kinds of people renting homes in this city who don’t live there. Every one of us on this council knows that. Are we going to go after all these people or just Mr. Wallner?” she said.

Couns. Guy Heywood and Bob Fearnley joined Clark and Bookham to carry the vote. Mussatto, Trentadue and Coun. Craig Keating opposed the injunction.

To read the original article please click here

Tags: BC landlords, evictions, illegal suites
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