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

ARTS AROUND: Mistletoe Market on at Port Alberni gallery

Decorated grounds will remain open late on Fridays

Alberni wrestlers win senior boys’ division at Cougar Invitational

Members of the Alberni Wrestling Club travelled to Mill Bay last weekend

School bus seatbelt petition gains ground in Port Alberni

School District 70 trustee has pushed for seatbelts for 40 years

Vancouver Island chambers unite to protect marine-based tourism

Fears over an extended protection area for Southern Resident killer whales prompts action

Port Alberni merchants advocate for improvements to business district

Better lighting, public washrooms could change attitude about South Port

Port Alberni enjoys parade of boats in annual Sail Past

The fifth annual event drew a crowd at Harbour Quay

Stop ‘renovictions,’ B.C. housing task force says

MLAs call for end to strata bans on renting vacant suites

Man caught on camera allegedly trying to defraud ICBC

Auto-insurer warns B.C. drivers to record info after crashes

Girl, 6, lured from elementary school, sexually assaulted: Vancouver police

Police are seeking dashcam footage from nearby Sexsmith Elementary School in South Vancouver

B.C. Liberals call for outside audit of Speaker’s office, NDP refuses

Auditor General implicated in Darryl Plecas accusations of impropriety

Three victims of ex-ski coach Bertrand Charest suing Alpine Canada

The victims are also seeking $150,000 each in punitive damages

Trudeau names four new senators, filling every seat in the Senate

Trudeau has appointed 49 senators since becoming prime minister and will have the chance to appoint more in 2019

B.C. member of parliament takes feds to task on opioid crisis

‘Too many families are tragically losing parents, siblings and children to the opioid crisis.’

Most Read