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

Incumbents and acclaimed mayors win elections all across B.C.’s north

Fraser Lake saw their first female mayor elected

Mayoral results from across B.C.

Voters in 162 municipalities in B.C. set to elect mayor, council, school board and more

Every vote counts: 10 tightest races in B.C.’s municipal elections

Peachland saw their election decided by just one vote

Ocean “Blob” returns to North Coast of B.C.

A 2,000 kilometre patch of warm ocean water could signal a warm winter in Prince Rupert

‘Police are ready’ for legal pot, say Canadian chiefs

But Canadians won’t see major policing changes as pot becomes legal

B.C. sailor surprised by humpback whale playing under her boat

Jodi Klahm-Kozicki said the experience was ‘magical’ near Denman Island

Ovechkin has 4 points as Caps rough up Canucks 5-2

WATCH: Defending champs pick up impressive win in Vancouver

B.C. government moves to tighten resource industry regulations

New superintendent will oversee engineers, biologists, foresters

Election watchdog seeks digitally savvy specialists to zero in on threats

Move follows troublesome evidence of online Russian interference in the 2016 U.S. election

More court before Dutch man charged in Amanda Todd case is extradited here

Appeals must be dealt with in Europe, before charges faced in B.C.

Crown says man guilty of B.C. girl’s 1978 murder based on alleged confession

Jury hears details of girl’s 1978 murder while Crown says man should be convicted of girl’s murder based on alleged confession.

BCHL alumni has NHL jersey retired by Anaheim Ducks

Paul Kariya played with the Penticton Vees from 1990-1992

Most Read