B.C.'s seniors advocate says the housing ministry is planning to implement its recent recommendations around rent protections for those in independent living.
Seniors advocate Dan Levitt said in a statement Thursday (July 11) that he received written confirmation that the provincial government agrees seniors independent living units are subject to the Residential Tenancy Act, and that both rent and mandatory service fees are subject to annual limits.
On July 4, Levitt released the Office of the Seniors Advocate's latest report, "Forgotten Rights: Not Afforded Equal Rent Protection," which mainly focused on rights for seniors in independent living facilities. He said calls to the office concerning increased rent have more than doubled in the last year.
He called on the provincial government to act quickly and enforce the Residential Tenancy Act to protect the 30,000 British Columbians in retirement homes from illegal rent increases and evictions. He said there is a lack of enforcement of the legislation that protects tenants from unlawful rent increases.
Independent living, Levitt said, is "essentially renting an apartment with basic meals and housing included with rent" as part of the mandatory basic service package. There are other services that can be arranged for additional fees.
Levitt said a senior must purchase the basic service package to rent an independent living unit, and both the rent and the service costs fall under the cost protections of the Residential Tenancy Act.
In the report, Levitt provided several examples of seniors living in retirement homes who were denied basic rights, adding that some landlords have said the Residential Tenancy Act doesn't apply to the tenant.
In a letter to the Office of the Seniors Advocate, Levitt said the housing ministry said services or facilities the tenant is required to receive – and that they can't opt out of – would form part of the tenancy agreement.
It would fall under rent and would be subject to the rent increase limits under the Residential Tenancy act, "even if the services and facilities and their costs are set out under a separate agreement." Those services could also only be terminated or restricted in accordance with the act.
The ministry added that Residential Tenancy Branch is updating its policy guideline to clarify that independent living is covered by the act, "even in residences where independent living and assisted living units are co-located.
Levitt added that the ministry also said it would take steps to implement his office's recommendation to improve the branch's complaint process which can be "onerous and intimidating."
“However, I recognize that there may be a power imbalance between seniors and their landlords during the dispute resolution process, especially when a landlord has legal representation," the letter to Levitt reads.
Levitt said his office will be monitoring the ministry's progress and seeking regular updates on implementation.
“With this confirmation it is my expectation that those landlords in seniors independent living who did not comply with Act will now do so," he said.
In an emailed statement, the Ministry of Housing said the advocate's report "drives home the need to ensure seniors can live affordably and securely in their homes and the need to clarify how the Residential Tenancy Act applies in seniors living facilities."
The province "will work to ensure that independent living residents and providers are aware of their rights and responsibilities while acknowledging the unique circumstances that exist in these facilities."
The statement adds the implementation "may take time," but the ministry is "committed to doing this work in a timely manner."
