TENANT ACTION
Resident files class-action lawsuit against Regent Hotel owners and the City of Vancouver, alleging deplorable living conditions
A tenant of a single-room occupancy hotel on Vancouver’s Downtown Eastside has filed a class-action lawsuit against the hotel’s owners and the City of Vancouver alleging deplorable living conditions.
Jerald Jack Gates, 54, has lived in the Regent Hotel since September, 2014, and continuously complained about no heat or hot water in his room last winter. He won a Residential Tenancy Branch hearing in April and his multimillionaire landlords were ordered to pay him $1,675.
Gates has filed a 14-page lawsuit against Parkash, Pal, Gurdyal and Kirin Sahota along with Triville Enterprises Ltd., Yang-Myung Hotel Management Ltd., Sahotacorp and the City of Vancouver.
Triville Enterprises Ltd. is the registered owner of the Regent, at 160 East Hastings St. The Sahota family’s real estate empire, which includes other SROs like the Balmoral and the Cobalt Hotel, is worth more than $130 million.
Lawyer Jason Gratl is Gates’s lawyer and he said the first step is to get a judge to certify the suit as a class-action case and then the other tenants of the Regent can decide if they want to opt out. He feels the legal fight sends a strong message to landlords who operate single-room occupancy hotels on the east side.
The City of Vancouver is named as a defendant as it is responsible for the administration of the Standards of Maintenance Bylaws.
Gates is seeking general, special, aggravated and punitive damages. He is asking for $200 a month for the time he has had no heat or hot water. He is also asking for punitive damages against the landlords.
Gates said despite assurances by Mayor Gregor Robertson that homelessness will be dealt with, it has only become worse in the Downtown Eastside at single-room occupancy hotels.
Gates feels the City of Vancouver has failed to make sure the owners of the Regent keep the building in livable condition.
“The landlords have been getting away with a lot because the city has let them,” said Gates. “We are not going to sit back and take it any more,” he said.
Tom Marshall, 69, has lived at the Regent for 25 years and welcomed the opportunity to be part of the class-action suit.
“It is about time somebody did something about this place,” he said.
Gratl said they estimate the Regent needs $700,000 to $1.2 million in repairs. The lawyer said if the owners don’t do the repairs, the city should get the work done by professionals and bill the owners, as it has the power to do so.
The Sahotas have 21 days to respond.
The lawsuit contains allegation that have not been tested in court. Gurdyal Sahota was contacted by phone but refused to comment.
Andreea Toma, the City of Vancouver’s chief licensing inspector, said, the city is aware of the lawsuit. “They have contacted our legal department,” she said.
She said the city is also unhappy about the Regent. “The safety of the tenants is top priority. We are also fed up ... It is unfortunate the tenants live in these conditions.”
In the lawsuit, Gates alleges the health of Regent residents is being compromised. “To the knowledge of all defendants, there are serious health and safety issues,” the suit states. “These health and safety issues are common to all tenants. “
The claim alleges the boiler that provides heat to the 160 suites is broken and beyond repair. “Contractors have advised that it is approximately 100 years old and must be replaced and cannot be repaired,” the suit says.
"If the roof leaks are not repaired it will compromise the structural integrity of the roof over time and place the tenants at risk.”
The fire escape has become unusable, and puts tenants at risk, the suit also alleges.
“The fire escape is impassable as the Sahotas directed an employee to sever the ladder connecting the second storey to the alley with a hacksaw to prevent persons from using the ladder to enter the building.”
Another issue according to the lawsuit is the elevator.
“There is one elevator at the Regent and it is ... chronically out of service. The elevator requires significant repairs to the electronics and mechanical works. The elevator routinely stops between floors, trapping residents inside for long periods. The Sahotas refuse to repair the elevator. The Sahotas direct unqualified employees to repair the elevator and conduct unsafe operations to rescue people trapped in the elevator.”
The Regent is also infested with rats, the claim states.
“The pest control companies hired by the Sahotas have advised that a regular pest control program is necessary in order to control the rats, but the Sahotas refuse to implement a regular pest control program at the Regent, choosing instead to call the pest control company a few times a year which has little or no effect.”
And the court document alleges residents of the Regent live in fear when they report problems or witness illegal activity.
“These activities cause the residents of the Regent to be fearful, intimidated, and subdued from making criminal reports or complaints.”