Housing Law Reform
Housing Law Reform access to safe and affordable housing is crucial for our well being. However, residents of British Columbia are facing a housing crisis - a crisis that fundamentally impacts low and fixed income people. Low vacancy rates and exorbitant rents mean that many people are housing insecure. Those who have housing cannot afford to have their rent increased or be evicted.
We want to strengthen the protections afforded to residential tenants and keep people in their homes. Our law reform work in housing is informed by our direct service work and years of expertise in residential tenancy law. We believe closing gaps and strengthening systems that are meant to protect low and modest income renters is crucial to alleviating the worst impacts of this crisis.
Currently we are working on two areas of housing law reform.
Eliminating the direct request process at the RTB
Pursuant to the Residential Tenancy Act, if a tenant has not paid rent or disputed the eviction notice for unpaid rent within a 5 day period, a landlord can apply to the Residential Tenancy Branch for a process called "direct request." This is an expedited process that allows arbitrators to allow an eviction to proceed without hearing the tenant's evidence. Arbitrators also consistently apply a low evidentiary standard in these proceedings and are often satisfied that landlords have met their evidentiary burden through unsworn, written testimony. As a result, tenants are denied the fair opportunity to be heard and challenge the landlord's evidence on a matter as important as the loss of their housing.
Eliminating unfair evictions
When a tenancy is ending, the Residential Tenancy Act allows arbitrators to grant orders of possession, which can be used by landlords to evict tenants. In issuing these orders, most arbitrators default to issuing orders that require tenants to vacate the rental unit in two days' time, which can quickly drive a person into homelessness or precarious housing. In many cases, there is minimal or no financial risk to the landlord if the tenant is able to remain in their home for a longer period of time. In these situations, fairness requires a true balancing of the potential hardship for both parties.
We want to strengthen the protections afforded to residential tenants and keep people in their homes. Our law reform work in housing is informed by our direct service work and years of expertise in residential tenancy law. We believe closing gaps and strengthening systems that are meant to protect low and modest income renters is crucial to alleviating the worst impacts of this crisis.
Currently we are working on two areas of housing law reform.
Eliminating the direct request process at the RTB
Pursuant to the Residential Tenancy Act, if a tenant has not paid rent or disputed the eviction notice for unpaid rent within a 5 day period, a landlord can apply to the Residential Tenancy Branch for a process called "direct request." This is an expedited process that allows arbitrators to allow an eviction to proceed without hearing the tenant's evidence. Arbitrators also consistently apply a low evidentiary standard in these proceedings and are often satisfied that landlords have met their evidentiary burden through unsworn, written testimony. As a result, tenants are denied the fair opportunity to be heard and challenge the landlord's evidence on a matter as important as the loss of their housing.
Eliminating unfair evictions
When a tenancy is ending, the Residential Tenancy Act allows arbitrators to grant orders of possession, which can be used by landlords to evict tenants. In issuing these orders, most arbitrators default to issuing orders that require tenants to vacate the rental unit in two days' time, which can quickly drive a person into homelessness or precarious housing. In many cases, there is minimal or no financial risk to the landlord if the tenant is able to remain in their home for a longer period of time. In these situations, fairness requires a true balancing of the potential hardship for both parties.
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19-99
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