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

Parent concerned over privacy breach is a candidate for Chilliwack school board

Brian Mielke said sharing of student names with U.S. research firm shows trustees disregarding law

Chilliwack athletes run in the rain at first cross-country race

Dozens of elementary/middle/high schoolers tackled a mucky course next to Twin Rinks last Thursday.

Fraser River First Nations say they aren’t getting their share of sockeye

Shortage is a result of decisions made by DFO, not a shortage of sockeye, complaint says

Chilliwack Chiefs benefit from BCHL Showcase exposure

Carter Wilkie’s first BCHL goal Saturday against Wenatchee earned him talks with several NCAA scouts.

Surging Okanagan Sun stop slumping Valley Huskers

A blocked punt set the tone for the Sun in a BC Football Conference game at the Apple Bowl.

Video: Flyers new mascot ‘Gritty’ a bearded, googly-eyed terror

The Philadelphia Flyers unveiled their new mascot Monday, and as one would expect of the team that gave us the “Broad Street Bullies,” he’s far from cuddly.

Edmonton cannabis company revenues more than triples to $19.1 million

Aurora Cannabis revenues more than triple in fourth quarter

B.C. pharmacist suspended for giving drugs with human placenta

RCMP had samples of the seized substances tested by Health Canada

Seattle one step closer to NHL after arena plan approved

Seattle City Council unanimously approved plans for a privately funded $700 million renovation of KeyArena

Harvest Moon to light up B.C. skies with an ‘autumn hue’

It’s the first moon after the autumn equinox

Hockey league gets $1.4M for assistance program after Humboldt Broncos crash

Program will help players, families, coaches and volunteers after the shock of the deadly crash

Canada has removed six out of 900 asylum seekers already facing U.S. deportation

Ottawa had said the ‘overwhelming majority’ had been removed

Appeal pipeline decision but consult Indigenous communities, Scheer says

The federal appeals court halted the Trans Mountain expansion last month

Most Read