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New West takes on reno-victions

New Westminster is taking a number of steps to try and tackle reno-victions.
Len MacKave
Len MacKave raised concerns about rent-evictions after the new owner of his building gave tenants of all 13 suites two months’ notice to vacate the building. His case, and others like it, have led New Westminster City Council to take up the cause at this month's Union of B.C. Municipalities convention.

New Westminster is taking a number of steps to try and tackle reno-victions.

A staff report notes that there’s evidence that the practice of reno-victions – when landlords evict tenants under the guise of doing major renovations and then increase rents – is becoming more commonplace in New Westminster. The City of Vancouver has asked the province to amend the Residential Tenancy Act to allow renters the first right of refusal to return to their unit, at a rent that is no more than what the landlord could have lawfully charged if there had been no interruption in the tenancy.

“I think this is a brilliant move, if we could get this,” said Coun. Lorrie Williams. “So far it looks like just Vancouver is advocating for this, but we are going to do the same.”

Williams is pleased the city is taking steps to ensure tenants know their rights and to address the issue so there isn’t a “free-for-all” that allows landlords to take advantage of people who aren’t in a position to advocate for themselves.

“These are sad stories,” she said. “These are silent tragedies going on all the time.”

New West resident Len MacKave raised the issue in February, after the new owner of his building at 1320 Fifth Ave. notified tenants their tenancy would end in two months, saying they’d received all the necessary permits and approves needed to demolish or repair the rental unit – event though the owner hadn’t received permits from the city. MacKave took the matter to the Residential Tenancy Branch but lost and was forced to move. 

A May 2 staff report outlines a number of actions to be taken by the city, including: developing a mechanism for tracking and reporting “reno-victions” and providing an annual update to council; providing information to tenants’ rights and resources on the city’s website and in the city’s guide for newcomers; and responding for requests for information where tenants have received an eviction notice and the landlord has indicate they have all the necessary permits and approvals in place.

The city will also ensure landlords have the necessary permits and approvals in place before issuing an eviction notice – and employ stop-work order and tickets in situations where those permits and approvals aren’t in place.

In addition to supporting the staff recommendations, council supported motions to seek support from other B.C. municipalities, the Lower Mainland Local Government Association and the Union of B.C. Municipalities for changes to the Residential Tenancy Act to address reno-victions. Council also asked Mayor Jonathan Cote to raise the issue at the Metro Vancouver housing committee.

“I think this is a topic that all municipalities are going to face,” said Coun. Mary Trentadue. “Housing is a crisis now and it’s going to get worse, so we need to make changes.”

Coun. Jaimie McEvoy said the annual limits to rent increases restrict how high landlords can raise rents, but by getting the tenant out of the suite they’re able to dramatically increase limits. He thinks this is a good initiative for the city to pursue as it will do a lot of social good.

“I’ve seen reno-victions for as much as replacing a furnace to just replacing a countertops,” he said. “The standard I ask myself is, ‘If the same kind of work was being done on my condo, would I have to move out for that work to happen?’ Usually the answer is no. Landlords have that choice.”

Mayor Jonathan Cote said the city will do everything in in its power to address the issue, but noted that the reality is changes are needed to the Residential Tenancy Act to fully address the matter. He noted that the Residential Tenancy Act provides limits to rental increases, but when people are reno-victed from units they’ve rented for many years, they often can’t afford the market rents being charged for apartments.

Coun. Patrick Johnstone fears that reno-victions and demo-victions are going to increase in New West because of the changes and rising prices in the real-estate market.