A Port Coquitlam bylaw designed to protect tenants facing renovictions is being challenged in court.
The landlord for a rental building at 1955 Western Dr. is suing the city, stating the new regulations prevent improvements from being made to their building and will hurt the market value of the property.
"The bylaw amendment is so unreasonable that no reasonable body would have adopted it in the circumstances," the company stated in court documents.
The new regulations, passed by council March 12, requires rental apartment businesses with five or more units to provide interim accommodations to tenants when they plan to make repairs or renovations. The bylaw amendment also prohibits property owners from raising rents after construction is complete.
In the petition, the landlords for 1955 Western Dr. state the changes are discriminatory because they specifically target their business and were only put in place after they issued eviction notices to all 65 units in February.
The property owner said they need the building empty for at least nine months while they conduct renovations, including upgrades to plumbing and electrical systems, and the removal of asbestos. In order to cover the costs of the loan to pay for the improvements, rent increases are necessary, according to the court filing.
"The petitioners have secured a construction loan to pay for the renovations," the document states. "One of the terms of the construction loan is that the rental building will be rented out at market rents following the renovations."
The landlords also pointed to public comments made to The Tri-City News and on Twitter by Mayor Brad West, who called the practice of renovictions "immoral" and "predatory."
Thread 1/ Tonight @CityofPoCo Council unanimously said no to predatory renovictions. We heard from dozens of our ppl - seniors, veterans, workers, ppl w/ disabilities, families and young ppl and we chose to stand with them. #bcpoli #vanre
— Brad West (@BradWestPoCo) March 27, 2019
The landlords said West also gave assurances to tenants before the bylaw changes were passed that they would not be forced to leave.
"The course of events strongly suggests the inference that the drafting of the bylaw began after and was provoked by the issuance of the eviction notices," said the court filing. "Statements from the mayor suggest an intention that the renovations would be stopped by any means, and the outcome of the vote on the bylaw amendments was a foregone conclusion."
West defended his comments in an interview Wednesday with The Tri-City News, saying his statements were about the practice of renovictions, not against a specific landlord.
In passing the bylaw, he said, the city went through a transparent public process that included input from the owners of 1955 Western Dr.
"I can understand they are unhappy with the outcome but they fully participated in the process," he said, noting many residents spoke during the public hearing. "In my 10 years on council, that has been one of the biggest public hearings I have seen."
He added the regulatory changes have been vetted by legal counsel and he was confident in the city's position.
West also questioned the landlord's assertions that evictions are necessary to complete the renovations.
Many buildings in PoCo have been upgraded without removing tenants, he said, noting the previous owners of 1955 Western Dr. made numerous improvements in the last few years. Recent upgrades to the 51-year-old structure include front facia work in 2018, the addition of new furnaces in 2017, elevator upgrades in 2014, electrical breaker upgrades in 2010, a building re-piping in 2009 and a new roof in 2005.
"1955 Western Dr. is a perfect example of a building that has been very well maintained," he said. "The previous owners took out dozens of building permits over the years to make improvements and enhancements to the building, and was able to do so without increasing rents beyond a normal person's means."
Renovictions have become commonplace around the Lower Mainland in recent years with the hot real estate market, leaving thousands of tenants scrambling to find alternate accommodations. PoCo's regulatory changes followed similar moves made in New Westminster designed to penalize landlords who force out tenants for renovations.
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