Latest news with #ResidentialTenancyAct
Hamilton Spectator
6 days ago
- Business
- Hamilton Spectator
Coquitlam landlords' attempt to overturn $12,000 tenant award fails in B.C. Supreme Court
A Coquitlam couple who evicted their tenant on the grounds that a family member would move into the suite have failed to convince a judge that a $12,000 compensation award against them was unreasonable or unfair. In a July 11 decision, B.C. Supreme Court Justice Karen Douglas dismissed a petition from Kristyna and Neil Bennett, who had sought to overturn a Residential Tenancy Branch (RTB) decision that ruled they failed to follow through on their stated intention for ending Andrea Seto's tenancy. The court found no evidence of bias, no procedural unfairness, and no reviewable error in the RTB's decision to award Seto the equivalent of 12 months' rent. Seto had been living in the basement suite of the Bennetts' home since 2019. On Dec. 19, 2022, the Bennetts served her a two-month eviction notice, stating that Kristyna's mother, Elia Zaurrini – a co-owner of the property – would occupy the unit while waiting for construction to finish on her new condo. Seto vacated the unit by the deadline of Feb. 28, 2023. However, in the months that followed, the unit was advertised for rent online, prompting Seto to file a claim under B.C.'s Residential Tenancy Act, which requires landlords to compensate tenants if they fail to follow through on personal-use evictions. At the November 2023 RTB hearing, the arbitrator found the Bennetts had not met their burden of proof to show that Zaurrini had moved in within a reasonable time and remained there for at least six months – the minimum requirement under the law. Although Zaurrini testified that she moved in on March 1, 2023, and stayed until early September, the arbitrator found that this was not supported by credible evidence. Central to the arbitrator's reasoning were Facebook messages sent by Kristyna to prospective tenants. In a July 26, 2023 message, she wrote that the unit was 'empty now.' In a landlord group post, she wrote, 'My elderly mom moved in until her unit was built. Moved out end of July.' At the hearing, she claimed she had 'worded it wrong' and 'was not watching (her) words.' The arbitrator found these explanations vague and not credible. The Bennetts attempted to argue the RTB had overlooked key evidence they claimed showed the unit was being occupied, including e-transfer receipts from Zaurrini up until June 2023, a letter from a neighbour and a social worker, and photos of her vehicle and unit. However, the arbitrator found that none of these items definitively proved Zaurrini occupied the basement unit, rather than another part of the house. He noted the vehicle could belong to someone visiting the property, the photos showed few belongings, and the neighbour had never entered the unit himself. Douglas, reviewing the RTB's decision under the high threshold of 'patent unreasonableness,' concluded that the arbitrator's reasoning was logically coherent, well-founded in the evidence, and within the bounds of the RTB's discretion. 'The central issue before the arbitrator was whether the landlords had met their burden of proving that Ms. Zaurrini had occupied the unit within a reasonable time and for at least six months,' Douglas stated in the ruling. 'The fact that (the social worker) recommended Ms. Zaurrini move into the unit . . . does not mean that Ms. Zaurrini did so.' The court also rejected the Bennetts' argument that the hearing was procedurally unfair, as Seto was given an opportunity to question the landlords, but Kristyna was not specifically invited to cross-examine Seto. However, Douglas said there was no indication that she ever requested to do so. The judge also did not find merit in the argument that the hearing should have been adjourned so the Bennetts' neighbour could testify live, as Kristyna conceded they never entered the unit. The judge upheld the RTB's original decision and dismissed the Bennetts' petition in full, including their allegations of bias. Under B.C. law, tenants can claim 12 months' rent – in this case, $1,000 per month – if a landlord cannot prove that they or their close family member actually used the unit for at least six months after the eviction. The Bennetts did not argue extenuating circumstances, leaving the burden entirely on them to show that the purpose for the eviction was fulfilled. Seto's compensation remains enforceable following the court's decision. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
New Straits Times
16-07-2025
- Politics
- New Straits Times
Study finds young Malaysians most likely to support ban on racially biased landlords
KUALA LUMPUR: Young Malaysians aged 18 to 24 are more likely than any other age group to support a legal ban on racial discrimination by landlords. This stance contrasts sharply with older generations, a new YouGov survey shows. The survey, involving 1,104 respondents, found that Malaysians aged 18 to 24 were the only age group where more people supported making racial discrimination in renting illegal (39 per cent) than those who opposed it. In contrast, 58.7 per cent of respondents aged 35 to 54 believed landlords should retain the right to select tenants based on race. A report by Free Malaysia Today (FMT) said overall, nearly 57 per cent supported introducing a law to regulate the rental housing market, while only 10 per cent were against the proposed Residential Tenancy Act (RTA) — legislation that has been in the pipeline for years. However, Malaysians remain divided on whether the RTA should specifically ban racial discrimination in housing. Nearly half of all respondents said landlords should be allowed to choose tenants by race, while only 31 per cent supported making such practices illegal. The findings were released during a forum hosted by Architects of Diversity (AOD), a civil society group advocating for equality in housing and education, to mark the launch of its report on discrimination in the rental market. Forum participants called on the government to expedite and strengthen the RTA to include clear protections against racial discrimination. "If the government fails to pass the Residential Tenancy Act — or worse, passes it without addressing racial discrimination — it will have missed its greatest opportunity to protect Malaysian Indians," said AOD executive director Jason Wee. The survey found that Indians were the most affected by racial bias, with nearly two in five reporting discrimination while trying to rent a home. Support for banning discrimination was highest among Indians (63.8 per cent), young adults (39 per cent), and full-time students (42 per cent). Wee noted that young Malaysians, particularly minorities, are especially vulnerable to housing discrimination as they often rely on rented accommodation while studying or beginning their careers in urban areas. The forum also highlighted common justifications landlords give for selecting tenants by race, including fear of problematic tenants, concerns about religious or cultural clashes, and entrenched personal biases masked as "racial preferences."
Free Malaysia Today
16-07-2025
- Politics
- Free Malaysia Today
Young people favour ban on racist landlords, survey shows
A forum on the proposed Residential Tenancy Act heard of survey findings showing that Malaysians of different generations hold opposing views on racial discrimination in the housing market. KUALA LUMPUR : Malaysians aged 18 to 24 are in favour of making it illegal for landlords to choose tenants by race, according to a market survey, while almost 59% of Malaysians aged 35 to 54 were in favour of allowing landlords to do so. The survey, by market research firm YouGov, showed that almost 57% of the 1,104 survey respondents were in favour of a law to regulate the market, and only 10% opposed to the proposed Residential Tenancy Act, which has been years in the making. However, respondents were split by age group on whether to ban racial discrimination in housing. Almost 50% believed that landlords should be allowed to choose tenants based on race, while 31% believed it should be made illegal. Those aged 18 to 24 were the only age group in which a plurality (39%) supported making it illegal to practise racial discrimination in renting, while 58.7% of Malaysians aged 35 to 54 were more inclined to believe that landlords should retain the right to select tenants based on race. Almost two in five Malaysian Indians in the survey reported facing racial discrimination in the housing market. Support for banning racial discrimination was highest among Indians (63.8%), those aged 18 to 24 (39%) and full-time students (42%). The survey findings were released at a forum by civil society organisation Architects of Diversity, held in conjunction with the launch of its latest report on discrimination in rented housing. Jason Wee. Participants at the forum called for the government to pass the long-delayed law. 'If the government fails to pass the Residential Tenancy Act, or worse, passes it without addressing racial discrimination, it will have missed its greatest opportunity to protect Indian Malaysians,' said the group's executive director, Jason Wee. Wee said young Malaysians were worse affected by the discrimination, especially those from minority groups who rely on rented housing while working or studying in cities According to those at the forum, landlords cited three main reasons for choosing tenants by race: fear of losing income because of problematic tenants; cultural or religious clashes; and personal prejudice cloaked as 'racial preference'. One respondent, identified as being a 'Serani', described how property agents often appeared more interested in their ethnicity than in financial credentials. Fikri Faisal. Independent researcher Fikri Faisal, who spoke at the forum, took issue with the figure of RM608 average rent reported by the statistics department for the Klang Valley, while private property listings showed rent of between RM2,200 and RM2,500. Fikri called for improved data collection, as the gap in the data could skew national housing policy. Just over 50% of respondents supported the setting up of a rent tribunal to resolve disputes between landlords and tenants, such as over deposits or evictions, without the high cost of lawyers and court proceedings The tribunal found greater support among older Malaysians, especially those aged 45 and above, Chinese respondents, and higher-income earners. Support was lowest among students and the unemployed, the groups most vulnerable to discrimination and insecure tenancy. Rajiv Rishakaran. Bukit Gasing assemblyman Rajiv Rishakaran said policy intervention was justified if even a small percentage of tenants faced racial bias. 'Everyone fears the worst when they hear about a residential tenancy act, because they fear rent controls or that too many terms and conditions will be included in the contracts, making things very difficult for them,' he said. He said he hoped that housing minister Nga Kor Ming would consider establishing the rental tribunal, as it would help reduce the incidence of rental discrimination. Wee said: 'You don't stop prosecuting theft because some thieves get away. The law exists to draw a moral line and offer recourse to those harmed.'
Vancouver Sun
02-07-2025
- Politics
- Vancouver Sun
After repeated denials, B.C. NDP admits to problems inside supportive housing
VICTORIA — The New Democrats finally acknowledged this week that B.C.'s supportive housing projects have become havens for violence, weapons, fires, and drug use, confirming what critics have been saying for months and, in some cases, years. They also conceded that the government had made the problems worse by amending the Residential Tenancy Act to make it harder to evict the worst-case abusers from supportive housing. But they continued to delay fixing the problems they themselves had compounded. Rather they appointed a working group to come up with remedies, perhaps including repeal of the NDP-authored changes to the Act. A daily roundup of Opinion pieces from the Sun and beyond. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Informed Opinion will soon be in your inbox. Please try again Interested in more newsletters? Browse here. As recently as May, Housing Minister Ravi Kahlon had rebuffed pleas for regulatory and legislative relief from the mostly non-profit providers of supportive housing for homelessness, mental illness and drug addiction. 'I believe people are safe,' Kahlon said at the time. 'And I believe they are much safer than if they were in encampments or sleeping in parks. It is safer not only for the public, but it is also safer for individuals.' Yet there was Kahlon on Monday, presiding over a news conference where he pretty much conceded that the critics were right all along. Yes, there was a growing problem of drug-taking in supportive housing. 'We're seeing a greater shift toward smoking fentanyl instead of injecting, many of our supportive housing sites — in fact, most — have policies in place saying no smoking in your room. We also have concerns that we had supportive housing projects that had higher levels of fentanyl in the air.' Yes, there were chronic rule breakers. 'When you have individuals that consistently break the rules, that have a difficult time functioning in our supportive housing sites. … We have some individuals that have been offered housing, but they can't find a way to stay in that housing because they can't follow simple rules.' Yes, there were some genuinely bad actors. 'What I also see is some people trying to prey on vulnerable people at supportive housing, and that's unacceptable. And we are open to whatever measures are needed to keep everyone safe — workers, people living there in the community.' Yes, the government's legislative changes had made it harder to catch the worst offenders and harder still to evict them. 'We have heard from providers that they need more authority to take action and keep people safe, and we will be working with our partners to find a path forward that ensures people can live in a safe, inclusive and supportive environment.' And there was growing evidence of trouble, ranging from the death of one person in a project in Victoria to the chaos surrounding three hotels turned into rooming houses on Granville Street in Vancouver. Hence the government's decision to take action. Sort of. 'People living and those working in supportive housing will be safer and better supported as the province begins work to ensure housing providers are able to take quick and decisive action against problematic tenants and guests, and address air-quality issues related to second-hand exposure to fentanyl,' Kahlon declared by news release. Far from taking 'quick and decisive action,' Kahlon referred the challenge to a 'time limited working group' with representation from the housing sector, police and other interested parties. The group was assigned to study 'requests from housing providers for more authority to respond to urgent safety issues and to explore the potential to remove supportive housing from the Residential Tenancy Act.' A delicate operation that, since the New Democrats last year strengthened the Act in the name of providing greater protection to the residents of social housing. But as Kahlon now concedes, the main victims of predatory rule breakers are the very people that the New Democrats sought to protect. 'I have visited many supportive housing sites throughout the province and the concerns that the folks that work there have are similar to those that live there and that are following the rules,' he told reporters. 'They, too, want a safe place. They too want to ensure that if they're following the rules that others are as well.' Amazing it took him and his colleagues this long to figure it out. The government is committed to taking the working group's advice, says Kahlon. Implementation could get underway as soon as the legislature resumes in October. Still, this is not exactly a rush job — the alarm bells began ringing a long time ago on the problems with supportive housing. The grudging response is entirely in keeping with the NDP's response to earlier criticism of its policies regarding decriminalization, open drug use, safer supply and repeat violent offenders. First came the claim that all was well. Then the attacks on anyone daring to challenge the NDP narrative. Kahlon last year accused supportive housing critics of 'punching down to score political points' on drug addicts, homelessness, the mentally ill and other vulnerable people. Then, after all the denials and recriminations, they concede the critics have a point and announce a plan to fix things. It's the Eby government method: It starts doing the right thing only after it has exhausted all the other options. vpalmer@
Perth Now
02-07-2025
- Business
- Perth Now
Unholy row as church raises concerns over rental plan
City of Vincent residents and a church have raised concerns about a proposed policy for unhosted short-term accommodation. Under the draft policy, unhosted accommodations, such as an Airbnb, will be able to be used for only 90 days over a 12-month period. Anyone who wants to operate for more than 90 days will need to seek development approval from the council. A public consultation period for the policy closed on June 23. Multiple residents and a church leader raised their concerns with it at the city's June 17 council meeting. Greek Orthodox Church of WA president Gabriel Kafetzis said the policy would have devasting effects on the church. Representing a long-standing not-for-profit institution located in West Perth, he argued the proposed restrictions would hinder the church's ability to achieve financial stability. Short-term rental policy changes have sparked concerns from residents and a church. Credit: church / Greek Orthodox Church With declining donations and volunteerism, the church wanted to convert six unit dwellings into short-term rentals to generate income for maintenance and community services. Mr Kafetzis said the church was independent from government or religious funding and was committed to supporting local heritage and the broader community. 'We are not funded by the Patriarch, we are not funded by any government bodies — we've been self-funded this whole time,' he said. 'We can no longer rely on traditional fundraising methods such as donations and sausage sizzles — the cost is simply too high. 'We feel that (our units) would be ideal to convert into short-term accommodation. It would move us into a more sustainable model for the long term.' Vera Saragih, of North Perth, said the proposed policy would restrict property owners and negatively impact the local economy. Ms Saragih said the policy's 90-day cap on short-term rentals was unworkable and would significantly limit the flexibility homeowners currently have. Taking away the right for me to have short-term accommodation would be devastating to me personally. 'Nobody wants to come to an unhosted short-term accommodation place where the owner's clothes are still in the cupboards and wilted lettuce in the fridge,' she said. She said the policy could exclude economically vulnerable workers who relied on short-term rental support roles, such as cleaners and delivery drivers. 'These groups are highly represented in the short-term accommodation industry – property cleaners, linen providers, delivery drivers and other trades.' she said. Ms Saragih also asked if the draft policy aligned with the city's Access and Inclusion Plan 2022-2027. She said having the option to use her property as a short-term unhosted enabled her to not be 'bound by the ever-restrictive requirements of the Residential Tenancy Act'. Delma Davies told the council its proposed policy would severely impact her financial stability. Ms Davies said she rented out a second property above her own home to help pay her mortgages and relied on this income as she did not have superannuation. 'Taking away the right for me to have short-term accommodation would be devastating to me personally,' she said. She questioned the lack of accessible data on both the number of short-term rentals in the area and complaints. 'We've had responses from councillors that there are apparently hundreds of complaints … I'd like to have access to those,' she said. Ms Davies expressed frustration over the inability to secure a consultation with mayor Alison Xamon and urged the council to hold a roundtable discussion. Ms Xamon said the proposed 90-night limit for unhosted short-term rental accommodation aligned with State Government planning reforms. 'Which allows unhosted short-term accommodation to operate without development approval for up to 90 nights in a 12-month period,' she said. Ms Xamon said the city also understood and acknowledged concerns raised by residents about a potential increase of unhosted short-term accommodation. 'The aim of the policy is to achieve a balance between encouraging visitors and tourists to stay around our vibrant town centres and ensure that people living in quiet residential neighbourhoods do not experience increased noise and other disruptions,' she said. Ms Xamon said it did not aim to reduce employment opportunities for people with a disability and the outcomes of the Access and Inclusion Plan were considered. Financial gain was also not a relevant planning considerations for the draft policy.
