Doug King (left), lawyer and executive director of TAPS, addresses the media with Doug Swait (right), a resident of 844 Johnson St. and one of the lead plaintiffs in the case against the Portland Hotel Society restricting the rights of tenants at the building managed by the non-profit housing provider. Kristyn Anthony/VICTORIA NEWS

Supreme Court rules social housing residents in B.C. deserve rights too

Tenants trying to stabilize their living situations should not face less legal rights than those paying market rates: Judge

A B.C. Supreme Court decision has ruled in favour of those living in social housing, saying they deserve the same tenant rights as anyone else.

Residents at a facility in Victoria for former campers in tent city will no longer be subject to blanket restrictions after a judge found them to be illegal.

“People who move into social housing should not have to leave their rights at the door,” said Doug King, a lawyer and executive director of Together Against Poverty (TAPS) at a press conference Wednesday.

In June 2016, the province announced it had purchased a building at 844 Johnson St., to provide 140 units of supportive housing to be managed by non-profit housing provider Portland Hotel Society (PHS).

King said promises were made to the tenants including that it would be permanent housing, that they would be given all the rights and privileges of other tenants under the Residential Tenancy Act, and that they would have input on the decision making of the management of the building.

RELATED: Reeson Park campers demand affordable housing

Doug Swait, a resident of the Vancouver Island facility and one of the lead plaintiffs in the case, said the decision recognizes the tenants as a part of the neighbourhood.

“This is a really good win for us,” he said. “It’s been a constant battle since moving in there.”

Guests were routinely blocked from visiting residents, Swait said, including children visiting family members on holidays, as well as overnight guests.

In one case, a resident was unable to access medication being delivered by a friend who did not have proper identification. The building has not been affixed with a buzzer system like most market rentals, and many residents do not have cell phones, Swait said.

“Any restriction on guest privileges must be reasonable,” King said. “Reasonable means it has to be specific to a person.”

Multiple tenants filed a complaint with the residential tenancy board, but King said Portland Hotel Society chose not to listen, taking no action, leading to the case landing in court.

“If PHS is not getting enough resources from the government to do an adequate job of running buildings like this and protecting tenants’ rights, they need to be vocal about that,” he said.

RELATED: Police keeping close eye on Johnson Street community

RELATED: Chaos starting to calm down at new facility on Johnston Street

The precedent setting decision, handed down May 18, lifts the longstanding blanket restrictions for tenants and dismisses an appeal brought by PHS.

In her ruling, Justice Sharma wrote “… the petitioner has not provided any justification of why tenants who are being given a social benefit of below market housing, in an effort to try and stabilize their living situation, ought to be given less legal rights than tenants paying market rates …”

“It’s good for everybody else around to see that these things can be done,” Swait said. “You’ve got to stand up and fight for your rights.”

King called the decision “vindication,” adding the ruling is important for residents in Victoria, but across the province as well.

“This decision sets new ground rules in social housing,” he said.

Portland Hotel Society denied a request for comment for this story.

kristyn.anthony@vicnews.com

 

The former Central Care Home on Johnson Street in Victoria has been converted into 140 units of long-term supportive housing for people with an assortment of needs.

Just Posted

Fire ban back in effect for Northwest Fire Centre region

Starting May 24, both Category 2 and Category 3 prohibitions will be in place

New Seven Sisters replacement confirmed

Mental health facility will have 25 beds, up from 20 in current facility

Convicted animal abuser to return to B.C. court May 21

Catherine Jessica Adams is facing a breach of probation charge

Gallery: Project Heavy Duty inspires students into it’s 32nd year

The event is a collaboration between SD91 and industry in and around Vanderhoof, Fraser Lake and Fort St. James

Telkwa pot plant application passes review

Cannabis company claims new Health Canada regulations are working in its favour

New airline regulations bring compensation for tarmac delays, over-bookings

Some of the new regulations will roll out in July, while others are expected for December.

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

More than half of Canadians support ban on handguns, assault rifles: study

Divide between rural and urban respondents in latest Angus Reid Institute public opinion study

Spring rain needed as B.C. sees one of the lowest snowpack levels in 40 years

Snowpack levels in B.C. recorded on May 15 were similar to those in 2015 and 2016

Theresa May to quit as party leader June 7, sparking race for new PM

The new Conservative leader will become prime minister without the need for a general election

B.C. man who fell off cliff returns there to rescue eagle from vulture attack

Nanaimo’s James Farkas, who broke his hip in a fall, saves eagle on same beach months later

Raptors beat Bucks 105-99 to move within 1 game of NBA Finals

Leonard scores 35 as Toronto takes 3-2 series lead over Milwaukee

Municipalities protest after B.C. declares marijuana crops ‘farm use’

UBCM president seeks answers in letter to John Horgan government

Most Read