For anyone who is unclear about the Rehabilitation Scheme, Janet Halldorson at the Residential Tenancies Branch (204) 945-2476 is the Tenant Officer handling the case.
There are several things to note:
- Tenants are allowed stay until the end of their current lease. They are not *required* to vacate by April 30th.
This date is when the landlord would like to move forward with renovations.
- The letter before Feb 25th, is for the COMPENSATION of $600.
You still have a right to stay PAST April 30th, AND should you vacate after that you aren't entitled to the $600 (they are only legally bound to provide up to $350 in the act.)
- If you choose to stay past April 30, but want to leave prior to the end of your lease, you can provide 1 months notice in writing. (Janet has mentioned this... check with her for details if this is something of interest.)
- IF you want to re-lease your suite, you have until you vacate (no matter when) to send a letter in writing stating your interest. This is because they are renovating and asking us to leave.
- The RTB will go through and inspection of the suites again (maybe as soon as this week.) They show the suites and areas with major problems that require renovation. This happened last year, and it was Janet who came around in April, and she approved the rehabilitation order at that time, agreeing that the building needed these renovations.
- There will be an initial hearing (NOT an Appeal, but the first "process hearing") set after the RTB sends out an order letting us know if they've approved the rehab scheme. You can voice your concerns at this hearing or also specify details to be read or brought up via letter to RTB (talk to Janet.)
Showing posts with label eviction. Show all posts
Showing posts with label eviction. Show all posts
Tuesday, February 16, 2010
Thursday, February 4, 2010
More details on the "Notice to Vacate"
Recently, we all received a very well crafted letter designed to make us believe this Rehab. project is approved and that we need to *act fast* -- in order to take advantage of the *great deal* they're offering us. They want us all to sign off as quickly as possible and prepare to move out into the over.saturated 1% vacancy rate rental market.
Well, the truth is rather different. A number of us have spoken with Janet Halldorson, RTB's Rehabilitation Officer -- and Shindico's application has only just been received (from my conversation with her last Friday, she had yet to look it over). This means there are still various stages and hoops in the process that must be completed prior to Shindico having any official approval to begin this work -- let alone start giving us these type of threatening letters. In fact, tenants must first receive official notice of the application having been submitted to the RTB. This is one of the notices I received last year when they first attempted it, my name and other details were blurred out, but it basically looks like this:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEheQsqf9jojDR9PSNcV_ls1NJD4sKeP2Lh5bhgAehb00lXyV2UoSqhYo2uytHvwL6ypgRYtdtB1TwdM7-zSbuGZ-zk9vLBqtWtd4WAHxOWJP6rgexzWyxKkBzGC1a-oW7illOLT37QZ4M6w/s1600-h/notice-3.jpg
Then, we are entitled to examine their documents and challenge the rehabilitation proposal. Janet Halldorson repeatedly stated that from what we told her, the tone of the letter was highly inappropriate, as was the verbal communications some have received from Shindico (i.e. Shindico's Colleen O'Rourke stated that construction crews would enter suites after April and make them uninhabitable, with effectively no clear plan on where the displaced tenants would be moved to. Effectively, Shindico wants all of us to feel very threatened and vulnerable by choosing to stay.)
Incidentally, although Shindico's letter reached us, they didn't bother forwarding it to the RTB -- Janet Halldorson seemed genuinely concerned by what she was hearing about it from us. Now, at least one of the tenants has faxed her a copy of this letter, so she is currently aware of its contents. Having said that, she requested that we fax her our letter so she can examine it and consider what to do next. When Janet was contacted last Friday, she made it clear she was interested in hearing from us and asked we include a cover letter outlining our concerns and if we felt Shindico's tactics were in our opinion "intimidating in nature" (her words).
NOTE: Janet Halldorson's fax number -- 945-6273 and email -- janet.halldorson (at) gov.mb.ca
Given the actual (non) status of their application currently, and Janet Halldorson's reaction, it would appear that Shindico's strategy is to *entice* as many tenants as possible to leave now, in order to lessen any possible challenges or delays in the application approval process. The more tenants who leave now, the easier the approval process will be and the more clout they'll have to say: "Our buiding is x% vacant now, and this means the Rehab project won't be much of an inconvenience to remaining tenants".
In any case, the important thing right now is for EVERYONE in the building to be aware that they need not sign anything for Shindico. We also need to contact Janet Halldorson about this in the letter she's requested. A number of us have been speaking in the halls, and feel it would be helpful to hold a tenants' meeting on this ASAP. Together, we can write up a letter that we can have all tenants sign prior to submitting. This way if any tenant has trouble with getting the letter done for whatever reason, this would allow them to have their voice included and heard.
-=-=-
Brian Grant (Housing Development Coordinator @ West Broadway Development Corporation), has mentioned there is the possibility that legal action could be taken as a precedent setting case, based on this being a human rights issue. We, as tenants do have a right to safe, affordable housing and current legislation/policy is making that less and less of a reality.
According to Brian Grant, the bulk of low to middle-income rental housing stock is currently being lost to condo conversions and rehab projects like this one. The reality is there is NOTHING stopping any of us having to relive a potential displacement from our next home in the event we move to another rental after this. This is the current trend right now.
Well, the truth is rather different. A number of us have spoken with Janet Halldorson, RTB's Rehabilitation Officer -- and Shindico's application has only just been received (from my conversation with her last Friday, she had yet to look it over). This means there are still various stages and hoops in the process that must be completed prior to Shindico having any official approval to begin this work -- let alone start giving us these type of threatening letters. In fact, tenants must first receive official notice of the application having been submitted to the RTB. This is one of the notices I received last year when they first attempted it, my name and other details were blurred out, but it basically looks like this:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEheQsqf9jojDR9PSNcV_ls1NJD4sKeP2Lh5bhgAehb00lXyV2UoSqhYo2uytHvwL6ypgRYtdtB1TwdM7-zSbuGZ-zk9vLBqtWtd4WAHxOWJP6rgexzWyxKkBzGC1a-oW7illOLT37QZ4M6w/s1600-h/notice-3.jpg
Then, we are entitled to examine their documents and challenge the rehabilitation proposal. Janet Halldorson repeatedly stated that from what we told her, the tone of the letter was highly inappropriate, as was the verbal communications some have received from Shindico (i.e. Shindico's Colleen O'Rourke stated that construction crews would enter suites after April and make them uninhabitable, with effectively no clear plan on where the displaced tenants would be moved to. Effectively, Shindico wants all of us to feel very threatened and vulnerable by choosing to stay.)
Incidentally, although Shindico's letter reached us, they didn't bother forwarding it to the RTB -- Janet Halldorson seemed genuinely concerned by what she was hearing about it from us. Now, at least one of the tenants has faxed her a copy of this letter, so she is currently aware of its contents. Having said that, she requested that we fax her our letter so she can examine it and consider what to do next. When Janet was contacted last Friday, she made it clear she was interested in hearing from us and asked we include a cover letter outlining our concerns and if we felt Shindico's tactics were in our opinion "intimidating in nature" (her words).
NOTE: Janet Halldorson's fax number -- 945-6273 and email -- janet.halldorson (at) gov.mb.ca
Given the actual (non) status of their application currently, and Janet Halldorson's reaction, it would appear that Shindico's strategy is to *entice* as many tenants as possible to leave now, in order to lessen any possible challenges or delays in the application approval process. The more tenants who leave now, the easier the approval process will be and the more clout they'll have to say: "Our buiding is x% vacant now, and this means the Rehab project won't be much of an inconvenience to remaining tenants".
In any case, the important thing right now is for EVERYONE in the building to be aware that they need not sign anything for Shindico. We also need to contact Janet Halldorson about this in the letter she's requested. A number of us have been speaking in the halls, and feel it would be helpful to hold a tenants' meeting on this ASAP. Together, we can write up a letter that we can have all tenants sign prior to submitting. This way if any tenant has trouble with getting the letter done for whatever reason, this would allow them to have their voice included and heard.
-=-=-
Brian Grant (Housing Development Coordinator @ West Broadway Development Corporation), has mentioned there is the possibility that legal action could be taken as a precedent setting case, based on this being a human rights issue. We, as tenants do have a right to safe, affordable housing and current legislation/policy is making that less and less of a reality.
According to Brian Grant, the bulk of low to middle-income rental housing stock is currently being lost to condo conversions and rehab projects like this one. The reality is there is NOTHING stopping any of us having to relive a potential displacement from our next home in the event we move to another rental after this. This is the current trend right now.
Saturday, January 30, 2010
Notice to Vacate effective April 30, 2010
Hello Blair House tenants,
Just a note to let you know that the notice to vacate does not mean that you *must* break your lease by April 30, 2010. The management company is requesting you to leave, and are offering compensation to move out if you choose to sign the form and agree to break your lease with them and vacate.
Upon examining the documents more closely, there is an impression that one can still choose to stay until the end of the original lease.
Please feel free to comment or email.
Thank you.
Just a note to let you know that the notice to vacate does not mean that you *must* break your lease by April 30, 2010. The management company is requesting you to leave, and are offering compensation to move out if you choose to sign the form and agree to break your lease with them and vacate.
Upon examining the documents more closely, there is an impression that one can still choose to stay until the end of the original lease.
Please feel free to comment or email.
Thank you.
Monday, May 11, 2009
Termination notices & Rehabilitation Scheme
1. Shindico has begun the application process for what is called a Rehabilitation Scheme. This has not been approved by the Residential Tenancies Branch, but the application has been initially filed (we believe on May 1st.)
2. They have already given notice to three tenants in the building that they will be terminating their leases July 31st. (These tenants were given 90 days notice prior to their lease renewal date.)
Here are scans of the 3-page notice give to one of those tenants.
Click on the image to enlarge:
3. We have been told by property manager, Candace Bertie, that
- Everyone can expect this notice 3 months (90 days) prior to their lease expiring.
- If the application is approved, the proposed period of renovations would being June 1 and carry on until the end of October, November.
- New rents will be approx $850 for a 1 BR $1000 for a 2 BR.
4. Some things you need to know about what can happen after a rehabilitation scheme:
- A tenant who was previously living in a complex before a rehabilitation scheme is technically supposed to have the first chance to move back in. (see the points below...)
- New rents will be beyond scope of rent control for next FIVE years. In other words, you can come back to your apartment @ 850/month and then have it jacked up another 50, 75 or more dollars in subsequent years.
- the WHOLE building is affected, every suite has to have renovations as part of the rehab scheme criteria.
- Shindico may not charge the new rent until ALL renovations are completed and meet up to the expectations of the Residential Tenancies Branch. (There is a final inspection for this, and tenants can delay the new rent process is the renovations/repairs have not met the proposed plan.)
5. The official words from the RTB policies and guidelines:
- Within 14 days of applying for approval of their rehabilitation scheme, the landlord must give the tenants affected by the scheme written notice of their plans. The landlord must also give the tenants a chance to inspect the application and the supporting information.
- If the tenants must move out to allow the landlord to do the work, the landlord must give them a written notice to end the tenancy. The landlord must pay the tenant’s moving expenses up to $350.00.
- Tenants who lived in a residential complex, before the rehabilitation scheme, must be given the first chance to move back in. The landlord must charge the returning tenant the lowest rent they would charge any other tenant for the same unit.
- If a plan is approved, the rental unit(s) or complex can be exempt from the annual rent increase guideline for up to five years. The landlord is still required to give the tenants three months’ notice of any rent increase. The landlord is also required to give a Notice to New Tenant form to any tenant moving into the building.
To set an exemption period, the Branch calculates how much the landlord plans to spend on each unit. The Branch then uses the following scale:
Cost Per Unit Exemption Period
$ 6,000.00 – $7,999.99 - 2 years
$ 8,000.00 – $9,999.99 - 3 years
$10,000.00 – $11,999.99 - 4 years
$12,000.00 and up - 5 years
After the Branch sets an exemption period, a landlord may find that they must do more work than originally planned. If this happens, the landlord can apply to the Branch to extend the exemption period.
Suffice to say, we all feel pretty vulnerable right now and plenty unsure of what the next few weeks will bring. So far only 3 tenants have received notice, but no one else has, so we can only speculate what's to come.
In the meantime we will keep trying to figure out what action to take with both the appeal to the rent increase and now preparing to appeal the rehabilitation scheme should it be approved.
We all feel it is important to share the knowledge, and hopefully there will be some of you who may even be able to offer some help.
If you have thoughts or ideas please email 43roslyn (at) gmail.com
2. They have already given notice to three tenants in the building that they will be terminating their leases July 31st. (These tenants were given 90 days notice prior to their lease renewal date.)
Here are scans of the 3-page notice give to one of those tenants.
Click on the image to enlarge:
3. We have been told by property manager, Candace Bertie, that
- Everyone can expect this notice 3 months (90 days) prior to their lease expiring.
- If the application is approved, the proposed period of renovations would being June 1 and carry on until the end of October, November.
- New rents will be approx $850 for a 1 BR $1000 for a 2 BR.
4. Some things you need to know about what can happen after a rehabilitation scheme:
- A tenant who was previously living in a complex before a rehabilitation scheme is technically supposed to have the first chance to move back in. (see the points below...)
- New rents will be beyond scope of rent control for next FIVE years. In other words, you can come back to your apartment @ 850/month and then have it jacked up another 50, 75 or more dollars in subsequent years.
- the WHOLE building is affected, every suite has to have renovations as part of the rehab scheme criteria.
- Shindico may not charge the new rent until ALL renovations are completed and meet up to the expectations of the Residential Tenancies Branch. (There is a final inspection for this, and tenants can delay the new rent process is the renovations/repairs have not met the proposed plan.)
5. The official words from the RTB policies and guidelines:
- Within 14 days of applying for approval of their rehabilitation scheme, the landlord must give the tenants affected by the scheme written notice of their plans. The landlord must also give the tenants a chance to inspect the application and the supporting information.
- If the tenants must move out to allow the landlord to do the work, the landlord must give them a written notice to end the tenancy. The landlord must pay the tenant’s moving expenses up to $350.00.
- Tenants who lived in a residential complex, before the rehabilitation scheme, must be given the first chance to move back in. The landlord must charge the returning tenant the lowest rent they would charge any other tenant for the same unit.
- If a plan is approved, the rental unit(s) or complex can be exempt from the annual rent increase guideline for up to five years. The landlord is still required to give the tenants three months’ notice of any rent increase. The landlord is also required to give a Notice to New Tenant form to any tenant moving into the building.
To set an exemption period, the Branch calculates how much the landlord plans to spend on each unit. The Branch then uses the following scale:
Cost Per Unit Exemption Period
$ 6,000.00 – $7,999.99 - 2 years
$ 8,000.00 – $9,999.99 - 3 years
$10,000.00 – $11,999.99 - 4 years
$12,000.00 and up - 5 years
After the Branch sets an exemption period, a landlord may find that they must do more work than originally planned. If this happens, the landlord can apply to the Branch to extend the exemption period.
Suffice to say, we all feel pretty vulnerable right now and plenty unsure of what the next few weeks will bring. So far only 3 tenants have received notice, but no one else has, so we can only speculate what's to come.
In the meantime we will keep trying to figure out what action to take with both the appeal to the rent increase and now preparing to appeal the rehabilitation scheme should it be approved.
We all feel it is important to share the knowledge, and hopefully there will be some of you who may even be able to offer some help.
If you have thoughts or ideas please email 43roslyn (at) gmail.com
Friday, May 8, 2009
Explanation of Suite Inspections
Last week, we tried to find out why the RTB and Shinidco were inspecting suites. When questioned, the RTB insisted that there was no officer sent and no record of any inspection.
It was not until today that an Residential Tenancies Branch officer finally was able to provide an explanation for the inspection:
Apparently, the suite inspection that occurred the morning of Friday, May 1st, was not in regards to the appeal or the rehabilitation scheme application.
An Residential Tenancies Branch Repair officer was scheduled to meet with the group for a repair issue; the RTB was asked for guidance on whether certain areas were up to code.
It was not until today that an Residential Tenancies Branch officer finally was able to provide an explanation for the inspection:
Apparently, the suite inspection that occurred the morning of Friday, May 1st, was not in regards to the appeal or the rehabilitation scheme application.
An Residential Tenancies Branch Repair officer was scheduled to meet with the group for a repair issue; the RTB was asked for guidance on whether certain areas were up to code.
With the termination notices being handed out the night before, we can only surmise that this was part of the plan in initiating the rehabilitation scheme application and having a representative of the RTB visit to confirm costs for repair, etc.
Friday, May 1, 2009
Notice given to 3 tenants
Late last night, one of the tenants in our building was given an eviction notice.
Based on some documentation to be signed by the tenants receiving this notice, we believe that 2 other tenants with the lease renewal date of August 1st, were also being asked to vacate by July 31st.
Based on some documentation to be signed by the tenants receiving this notice, we believe that 2 other tenants with the lease renewal date of August 1st, were also being asked to vacate by July 31st.
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