Whereas renters are facing the risk of displacement and housing insecurity as a result of renovations to existing rental buildings; And whereas the Residential Tenancy Act does not currently require landlords to provide proof of permits or a description of the scope of work for renovations where tenancies are likely to be terminated, and local governments have limited authority to require notification related to tenancy issues as a condition of issuance of certain permits; And whereas existing renters facing evictions due to renovations could benefit from information on the type and extent of renovations being undertaken to their buildings in order to support potential cases with the Residential Tenancy Branch: Therefore be it resolved that UBCM request the Province to amend the Local Government Act to clarify and broaden the conditions that can be imposed on building or development permit applications submitted for renovations or redevelopment of an existing building that contains rental housing units including, but not limited to, requiring applicants to provide information on existing tenancies and communicating the proposed work related to the requested permit.
Ministry of Attorney General and Minister Responsible for Housing The Province of British Columbia recognizes that evictions for renovation or demolition are a serious issue, and we have taken significant steps to address the Rental Housing Task Forces recommendations on renovictions. In 2018, Government made several changes to the Residential Tenancy Act pertaining to the ending of tenancies for renovation, development, or conversion. These changes include: - Landlords must give four months notice to end tenancy for demolition, renovation or repair, or conversion previously two months notice. - Tenants have 30 days to dispute the notice previously 15 days. - A tenant has a right of first refusal to enter into a new tenancy agreement at a rent determined by the landlord if the landlord ends their tenancy to renovate or repair the rental unit. This right of first refusal applies only to a rental unit in a residential property containing 5 or more units. There are specific requirements for tenants and landlord regarding notifying each other. - A landlord must compensate a tenant the equivalent of 12 months rent if the landlord does not take steps to accomplish the purpose for ending the tenancy within a reasonable time after the tenancy ends. - A landlord must compensate a tenant 12 months rent if the tenant exercises a right of first refusal and the landlord does not fulfill their obligations in this regard. The Residential Tenancy Branch has also issued a new policy guideline to clarify a landlords responsibilities when ending a tenancy to demolish, renovate, or convert a rental unit. The onus is on the landlord to demonstrate that the planned renovations or repairs require vacant possession, and that they have no other ulterior motive. The Four Month Notice to End Tenancy form has been revised to provide space for landlords to explain the type of work they intend to do and show how it requires vacancy. In cases where the landlord needs to have vacancy for a brief period to do renovations or repairs, the BC Supreme Court has stated that a landlord may not end the tenancy if the tenant is willing to accommodate the work by moving out temporarily. Residential Tenancy Branch staff have been working with local governments to develop guidance for renters, landlords, and RTB dispute resolution officers about what types of renovations or repairs require the vacant possession of the rental unit. The Residential Tenancy Branchs Compliance and Enforcement Unit CEU has created a local government liaison position and is working with local governments and landlords to identify buildings where there is a risk of renovictions and make sure the landlord is informed of their responsibilities and limitations before they issue any evictions. Local governments have the authority to regulate the development of lands and the construction of buildings within their respective municipalities. This includes the issuing of development and building permits. Building permits applications are assessed by qualified building officials, guided by the Building Act and a suite of building codes that set minimum technical requirements for health and safety. Evaluating the socio-economic impacts of tenant displacement is outside the scope of expertise required of building officials. Allowing local governments to attach conditions relating to tenant supports to a building permit would require a significant change to that legislative and regulatory framework which would affect all building permits, not just rental properties. Based on these impacts, the Ministry is not presently considering amendments to allow tenant protection conditions to be attached to building permits at this time. The Ministry has been working with planning officials in local governments throughout the province to evaluate what impacts might be associated with enabling local governments to attach tenant protection conditions to development permits. We have heard that replacement of rental housing under a development permit without rezoning is extremely rare and focused in only a small handful of jurisdictions where existing allowable densities provide economically viable opportunities to redevelop a site containing rental housing. Changes to development permits will affect all local governments and may introduce unintended costs or complexities. The Ministry is currently looking at other approaches to supporting tenant protections that could more directly address this issue. The Province is committed to continue work with local governments, landlords and tenants to prevent evictions due to renovations and demolitions and make the rental market more secure. Most recently, new amendments to the Residential Tenancy Act were introduced in March 2021 to further tighten the criteria for ending a tenancy for renovation. These changes will also require landlords to apply to the Residential Tenancy Branch with evidence of permits, scope of work and the need to end the tenancy. The Branch will review the application and ensure that the criteria is fully met before allowing the landlord to issue a notice to end tenancy to the tenant. These further changes will go a long way in eliminating cosmetic renovations, intended entirely as a reason to evict tenants and increase rents.