Thursday, February 19, 2009

RENT INCREASE information

Attention BLAIR HOUSE TENANTS:

Main Issue:

Shindico and landlords: Dr. H Fleishman, Dr. S Berger, Dr. H. Gelfant, B. Mickelson, and Soaring Eagle Inc. have applied for an “ABOVE THE GUIDELINE RENT INCREASE”.

They are asking for 8.8 % increase, which is above the government set rate of increase for this year.

What we are trying to do:

We are trying to gather evidence and show proof that this increase is unwarranted and that the guideline increase over 3 years will be equal if not more than enough for the landlords to recoup expenditure costs and maintain the building.

Explanation:

A landlord can apply to The Residential Tenancies Branch for an above the guideline increase if they can show that the guideline won’t cover their cost increases. A landlord must give the Branch information to support or justify a larger rent increase.

Step 1: A Residential Tenancies officer checks the information the landlord gives to the Branch to make sure they have everything needed.

Sometimes the officer may ask the landlord for more information. In the case for Blair House, this did happen and the Landlord/Shindico responded on Dec 22, 2008.

Tenants of Blair House were sent letters stating that the Landlord had applied for this above the guideline increase on January 15, 2009 along with a summary outlining their costs and why they were applying.

This letter also invited you to go to the Residential Tenancies Branch to review the application.

Step 2: As a tenant you had the opportunity to send an objection to the Branch when you received your rent increase notice. There was also a chance to see and make comments on the landlord’s application before the Branch sets your rent.

Some of the tenants did view the supporting documents, and some sent in letters of objection. (before Feb 2, 2009)

After the tenants look at the file and make comments, the landlord will have a chance to see and respond to those comments. The officer then reviews all the information from the tenants and landlord and issues an order setting the rents.

Step 3: What does the Branch consider before it issues an order setting rent?

When setting rent, the Branch considers:

increases or decreases in operating expenses;

capital expenditures;

any changes in the services the landlord provides;

the landlord’s deficit, if any; and

any written comments or objections from tenants.

The order setting the rent includes reasons so both the landlord and tenants will know how the officer arrived at the decision.

Step 4: We are now waiting to hear from the RTB regarding their decision.

This means the RTB:

will simply issue an order for increase.

This means, the next letter from the RTB will state that our rent goes up by a certain amount. It may say 8.8 % or it may say something else based on our objections.

Step 5: We can APPEAL this decision. But we need to offer proof and testimony.

So several tenants met, and discussed what we could possibly bring to light in the appeal process.


The meeting minutes are available here.

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