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Nanaimo tenants triumph in ‘reno-viction’ battle against landlord

Mar 27, 2018 | 6:00 PM

NANAIMO — Several tenants of a midtown apartment building can breathe easier knowing they won’t be evicted from their affordable apartments to make way for renovations.

Three tenants of 250 Victoria Rd., their spokesperson Courtney Woolridge and legal counsel Noah Ross presented to the Residential Tenancy Branch on March 1, 2018 about eviction notices they received in December 2017.

They claimed they were being forced out of their apartments to make way for renovations, a practice known as “reno-viction,” after they earlier refused the renovations and the rent increases to $900 a month which would come with them.

Many in the 32-unit building agreed to the renovations and rent increase but weren’t told to leave their apartments to allow the work to be done.

The arbitrator in the case agreed with the tenants and cancelled the eviction notices against them, saying there were many concerning points about the case.

As listed in the ruling from the Residential Tenancy Branch, the arbitrator agreed the proposed work on the apartments wouldn’t require any tenants to completely vacate their homes and would only require a few days work, not the four-to-eight weeks proposed by landlord Guy Bouchard.

Also concerning was the fact no renovations had started at the time of the hearing, many vacant apartments were re-rented in the same condition and only those who opposed the rent increase were given eviction notices.

“I agree with Counsel that this calls into question whether the renovations are necessary and whether the Landlord intends to make those renovations,” the ruling said. “There was insufficient evidence that these units are in any way different or more needing of renovations than the other units.”

Landlords can legally end the tenancy of their residents if they “intend in good faith to…renovate or repair the rental unit in a manner that requires the rental unit to be vacant.”

The arbitrator said there wasn’t sufficient evidence of good faith in this case.

Tenant spokesperson Woolridge said everyone felt as if “a weight had been lifted off their shoulders” with the ruling.

This isn’t the first time landlord Guy Bouchard has been embroiled in a “reno-viction” case.

In Maple Ridge during the summer and fall of 2017, residents at the Esme Manor apartments protested their rent increase from $750 to $1,300 for a one bedroom apartment.

As stated in the ruling, Bouchard was upfront and clear about his intention to make a profit off the apartment building and it was already listed on the market for sale.

When asked for comment, Bouchard told NanaimoNewsNOW he intended to appeal the ruling and renovations will go ahead in every vacant unit and for everyone who already agreed to them.

 

spencer@nanaimonewsnow.com

On Twitter: @spencer_sterrit