B.C. city groundbreaking in new ‘renoviction’ rules

New Westminster to use business licensing bylaws to penalize landlords

NEW WESTMINSTER, B.C.— New Westminster council has unanimously passed a bylaw that will use the city’s business licensing powers to penalize landlords who evict tenants in order to renovate.

The bylaw uses the city’s business licensing powers, and is being called a groundbreaking policy that could put the brakes on what are known as “renovictions” if other Metro Vancouver municipalities follow suit. The bylaw will define under what conditions landlords can evict; will set out provisions to temporarily house tenants if vacancy is required to renovate; and will prohibit rent increases when tenants return.

Council passed the bylaw on Feb. 4, and it comes into effect immediately, said Emilie Adin, director of development services for New Westminster. The city will apply it based on tenants’ complaints.

“Landlords will need to apply to the city in order to be permitted to evict tenants,” Adin said in a Feb. 5 email. “We foresee very few situations that would necessitate building-wide evictions. Strata buildings and nonprofit rental buildings regularly manage to undertake significant renovations without resorting to evictions.”

To enforce the bylaw, landlords will face fines if they evict tenants without having a building permit in place, evict without relocating the tenant or having a relocation plan in place, or raise the rent excessively. As a last resort, landlords who are not complying with the bylaw could lose their business licence.

The policy adopted also includes a tax incentive program for landlords who commit to invest in their buildings to keep them well-maintained.

In Ontario, landlords must offer tenants the first right of refusal after a renovation, and rent increases are limited — though some tenants have complained those laws are not strong enoughto prevent determined landlords from renovating and renting to new tenants at much higher rates.