Revised Guidelines

Christie Point Advocates
Revised Tenant Protection & Relocation Guidelines
June, 2017


1
.0  Intent

The Town of View Royal is requested to use these guidelines to assess rezoning and development permit applications for Christie Point Apartments complex and property, where tenants will be highly impacted or displaced due to major renovation or redevelopment. A Tenant Relocation Plan will be required when eligible tenants in existing residential rental units are displaced as a result of redevelopment or major renovation activity by the applicant (Realstar) as described below.

2.0  Renovations that Could Result in Tenant Displacement:

A Tenant Relocation Plan will be required for all redevelopment or renovation activity that results in tenant eviction, if the proposed project requires a rezoning or development permit. The following are examples of the types of renovations that could result in tenant relocation. It is not a complete list, but is intended to provide guidance to the applicant and tenants.

New construction:

Adding, relocating, or removing walls in units that change the floor plan;

Increasing or reducing the number and type of units in a rental building;

Upgrading rooms (e.g. kitchen and bathroom floor finishing, painting or tiling);

Installing fire sprinkler systems linked to multiple units in a rental building;

Extensive repairs to units that have been damaged by fire or flooding; and

Demolishing buildings that house tenants in rental units.

3.0  Tenant Relocation Plan

a) At a minimum, every Tenant Relocation Plan should be created by an appointed third-party Tenant Relations Officer paid for by the applicant and agreed to by the Town of View Royal and Christie Point Advocates, and include:

b) A list setting out the name of each tenant, the number of the tenant’s unit, the length of occupancy, the unit type, the size of the unit, and the rent the tenant pays at the time the deposit of application for building permits application.

c) Details regarding tenant’s current rent at the time the deposit of application for building permits is submitted, and agreed-upon rent in new development un

d) Financial compensation provided based on length of tenancy:

1 months’ rent for tenancies up to 5 years;

2 months’ rent for tenancies between 5 to 9 years;

3 months’ rent for tenancies over 10 years; and

4 months’ rent for tenancies over 20 years.

This can take the form of free rent, a lump sum payment or a combination of both.

e) A minimum of 12 months’ notice to end tenancies from the anticipated date of demolition and construction.

f) For tenants requiring assistance finding new accommodations:

Three options should be offered that are comparable in unit type, unless otherwise agreed to;

All options should be in the Greater Victoria and Western Communities areas, (with one option within 5km of the same neighbourhood), unless otherwise agreed to;

All options should rent at no more than Canadian Mortgage and Housing Corporation’s average rents for the area;

Include at least two alternate options within the tenant’s ability to pay

Where possible, options should be tailored to the tenant (e.g. pet friendly, mobility considerations, smoke-free, etc.); and

In cases involving vulnerable tenants, the applicant is encouraged to provide additional supports as per section (j) below.

Note: If a tenant’s current rent is higher than CHMC average rents for the area, alternate accommodation options will be provided at the tenant’s current rental rate at the time the deposit of application for building permits is submitted.

g) The tenant(s)’ choice of:

$1,000 moving allowance (paid for by cheque from Realstar)

Moving services through an insured moving company contracted by and paid for by Realstar. Moving expenses will be paid twice to facilitate initial and subsequent moves out  and/or back onto  the property.

h) Right of first refusal, at a ‘grandfathered in’ rate agreed upon by Realstar, Christie Point Advocates and the Town of View Royal prior to:

the 12 months’ notice of the anticipated date of demolition and construction, or:

the submission date of the deposit of application for building permits

Whichever occurs first.

i) A 75% reduction in rent for tenants remaining in existing and new units during the construction period for all building

j) Additional support:

Town Staff will have discretion to request that additional financial compensation or support be provided to vulnerable tenants (e.g. seniors, persons with disabilities, tenants with low income, mental health issues, single parents and children, etc.);

Additional supports from Realstar may include hiring a housing consultant to assist

individual tenants, additional funds for moving expenses, and/or working with non- profit agencies to offer alternative accommodation;

For tenants without an able-bodied adult in the household, assistance with packing will be provided by the applicant;

Disconnection and reconnection of hydro, internet, telephone and cable services for initial and subsequent moves; and

Mail forwarding for 12 months for initial and subsequent move(s).

4.0  Final Tenant Relocation Report

a) To be prepared by the independent Tenant Relations Officer to submit to all parties prior to the issuance of the occupancy permit, including:

b) Names of tenants eligible for the Tenant Relocation Plan;

c) Outcome of the search for accommodation;

d) A detailed accounting of the monetary value given to each tenant (e.g. moving costs, rent, et);

and

e) Details regarding tenant’s current rent at the time the rezoning application is submitted, proposed rent if remaining during construction phase and agreed upon rent in new development un

5.0  Eligible Tenants

Regardless of the type of tenancy, all tenants residing in the building at the time the 12 month notification of the anticipated of demolition and construction is issued must be included in the Tenant Relocation Plan.

A tenant who has not resided in the property long enough to be an Eligible Tenant, which is a tenant who moves into the property after the rezoning or development permit application is opened, is not required to (but at the applicant’s option, may) be included in the Tenant Relocation Plan. Exclusion from the Tenant Relocation Plan is only permitted if the rezoning and/or redevelopment was disclosed to the tenant prior to moving into the property. This disclosure by the applicant must be incorporated into the lease agreements for new tenants and included in support of tenants’ exclusion from the Tenant Relocation Plan.

In any event, the applicant is required to comply with the Residential Tenancy Act (RTA) with respect to all tenants (whether Eligible Tenants or not) and with the Tenant Relocation Plan (with respect to Eligible Tenants). Since the Tenant Relocation Plan has requirements which supplement those in the RTA, compliance with the Tenant Relocation Plan will automatically make the applicant compliant with the RTA. However, it is the applicant’s obligation to ensure that any specific notice, forms, or other documentary requirements specific to the RTA are complied with regardless of whether or not they are dealing with an Eligible Tenant.

The applicant should provide written communication apprising all non-Eligible Tenants of the redevelopment, and why they are not entitled to the Tenant Relocation Plan package, including modifying any rental advertisements to state redevelopment is planned for the property.

6.0  Ending Tenancies

Under the Residential Tenancy Act (RTA), there are two ways to end tenancies – a Notice to End Tenancy or a Mutual Agreement to End Tenancy. A 12 month Notice to End Tenancy can be issued once all permits and necessary approvals are in place. This typically includes the development permit, building permit, all applicable trades permits, and the demolition permit. The owner can also use a Mutual Agreement to End Tenancy, where the owner/landlord and tenant agrees to the terms in which a tenancy is ended. At a minimum, Tenant Relocation Plan requirements described above regarding free rent, moving expenses, alternate accommodation, special circumstances and right of first refusal, as defined above, must still be offered to eligible tenants in these cases.

No later than upon acceptance of the rezoning application by Town of View Royal the applicant must give all new tenants notice of pending redevelopment in writing and upon the new tenant accepting and entering into a new contract to lease, said lease shall be no more than 6 months in duration, thereafter rent will be on a month-to-month basis.

7.0  Submission Requirements

This section describes the tenant relocation submission process and the documentation required. For projects where a Tenant Relocation Plan is required:

a) A Tenant Relocation Plan must be submitted with every rezoning or development permit application. All tenants must be included, although the Tenant Relocation Plan requirements will only apply to eligible tenants as described abov

b) Early communication with tenants is essen For rezonings, the applicant is encouraged to communicate in writing with tenants at the start of the inquiry stage. The objective is to inform tenants about the intent to redevelop and provide information on the process and timelines involved. For development permits, the applicant is encouraged to begin written communication with tenants when the application is opened.

Note: Notices to End Tenancies are not to be issued at this stage.

c) The Tenant Relocation Plan will be evaluated by Town Staff during the rezoning and development permit proce Once the Plan has been agreed to by the applicant and  Town Staff, with discussion and input from Christie Point Advocates,the applicant should communicate the terms of the Tenant Relocation Plan to all eligible tenants. A notarized declaration must be submitted to the Town of View Royal demonstrating that each tenant has been given written notice of the intent to redevelop the property, the number of units occupied on the date of the notice, and which includes copies of a letter addressed to each tenant summarizing the Tenant Relocation Plan offer and signed as received by each tenant.

d) A Final Tenant Relocation Report, as outlined above, must be submitted prior to the issuance of the occupancy perm

e) Legal Agreements where the right of first refusal is offered:

new units are offered at the monthly rent that tenants are charged at the time of relocating from Christie Point; or

at an increase determined by Realstar’s application for rental increase to the BC RTA;

and

Yearly rental increases will adhere to rates set by the Government of British Columbia.


8
.0  Tenant Impact Statement

In cases where tenants will not be permanently displaced as a result of rezoning or development, applicants will be requested to provide a Tenant Impact Statement.

A Tenant Impact Statement will be notarized and include a declaration that tenancies will not be impacted as a result of the proposed work. If the scope of work changes at any time and permanent displacement of tenants becomes necessary, applicants will be requested to provide a permanent tenant relocation plan as described in Section 3.0.

9.0  Communication With Tenants:

A pre-condition by the applicant is to provide written communication with tenants during the permitting process with information on the proposed project, as well as to inform them that tenancies will not be disrupted. Communication is to be made by way of written notice hand delivered, email to tenants who request this type of mailing, and notice on www.christiepoint.ca website.

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