B.C.'s seniors advocate says calls to his office concerning increased rent have more than doubled in the last year.
Seniors Advocate Dan Levitt, who was appointed to the role in January, said one of the first things B.C. seniors and their families brought to his attention was the number of unlawful rent increases. He said it's led to an alarming rise in calls to his office.
Levitt 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.
The Office of the Seniors Advocate released its latest report, "Forgotten Rights: Not Afforded Equal Rent Protection," during a news conference Thursday (July 4). It mainly focuses on independent living.
He said in the last 40 years there has been an evolution in B.C.'s retirement housing sector, with independent and assisted-living facilities increasing. The vast majority independent-living units are private pay, Levitt said.
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.
"Often, there are seniors who have downsized and want fewer daily tasks such as housekeeping and cooking."
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.
According to the seniors advocate, one woman called his office to say her mother-in-law was facing a 24-per-cent increase to her monthly rate at an independent-living residence. It would have gone up to $2,300 from $1,848.
To dispute a rent increase, Levitt said seniors have to go through the Residential Tenancy Branch's dispute process, which can be "onerous and intimidating."
"It requires computer skills to complete online forms and applications, and some seniors are unable to complete the form on their own. Many seniors have told us they feel unprepared to represent themselves while the landlord is represented by experienced legal counsel," he explained.
"The onus should not be on seniors to fight for rights they are already entitled to by law."
The report makes two recommendations:
• The government take immediate steps to ensure the Residential Tenancy Branch consistently enforces the Residential Tenancy Act in recognizing that seniors living in rental units are covered by the act, as well as any service fees they pay that are a requirement to rent their unit
• The government review practices, capacity and expertise of the branch to address the "intimidation and vulnerability" many seniors feel when trying to address issues with both the branch and landlords