The residents of an Esquimalt apartment complex fighting a mass renoviction have lost their case through the Residential Tenancy Branch's dispute process.
"While I accept this is difficult for the tenants as this decision will have a significant impact on them personally, the landlord has the rights and obligations under the act to make repairs or renovations that will prolong and sustain the building," the arbitrator wrote in the July 4 decision.
The building at 519 Sturdee St. is occupied by mostly low-income, long-term tenants paying rents as low as $830 per month. The property was recently acquired by Andrew Rebeyka, who reportedly offered tenants $5,000 each to move out without disputing the process.
Rebeyka sought to evict the tenants in order to replace aging plumbing in the building, according to documents from the Tenancy Branch. Because the building dates to 1973, this work will also requiring removing asbestos. The work is estimated to take over a year to complete.
Rebeyka argued in the hearing that he is simply fulfilling his statutory obligation to maintain the building and ensure the insurance does not get cancelled. He did not immediately respond to a request for comment on Wednesday (July 17) morning.
A landlord must have all the necessary building permits already in place before issuing eviction notices, as well as be able to prove the units must be vacant for the work to be completed. The arbitrator was satisfied Rebeyka met these conditions.
Douglas King of the Together Against Poverty Society (TAPS) argues this sets the bar too low for a renoviction to take place.
"I think government really likes to focus on bad-faith evictions," King said. "But this is kind of a good example of how landlords can still use the system to get a renoviction for an entire building if they're willing to put in the time and effort."
TAPS had stepped in to provide advice and guidance to those tenants who wanted to fight the evictions rather than take the buyout.
King said he sees this whole arrangement as problematic because if tenants don't take a buyout, they are only guaranteed to get one month's rent as compensation.
"But in exchange, tenants have to give up their right to challenge the eviction and guarantee that they'll move out," King said.
As the process unfolded over the course of two dispute hearings, it became apparent the tenants were likely to lose.
"Not a huge surprise," King said, adding that "it's still really disappointing."
More than half of the tenants challenging the renoviction took the buyout at some point during this process, leaving only a handful left continuing the challenge. Those people will now get to stay in their apartments until the end of November, but will only get one month's rent as compensation when they do move out.
They will also get right of first refusal if they want to return, but King called this essentially worthless with over a year that renovations will be ongoing, and the tenants having to pay market rents upon return.
