Canada ratified Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which identifies housing as a fundamental human right. On the global stage, Canada has affirmed its commitment to protect the human rights of every person in every province.
The B.C. government has a legal and moral obligation to protect the fundamental human rights of tenants in the province of B.C.. The “right of first refusal” as outlined in the Residential Tenancy Act (RTA) is failing to safeguard the fundamental human rights of low income and vulnerable tenants in British Colombia. This legal loophole allows landlords to increase the rent on their properties above the legal annual rent increase set by the province without any legal penalties, and has forced many low income and vulnerable tenants into homelessness.
The right of first refusal has led to an increase in homelessness, poverty and social exclusion in Squamish, Whistler, and Pemberton. Low-income families, single parents, seniors, persons with disabilities, and those experiencing health issues are the most affected by this problem. Some single mothers are also forced to remain in abusive relationships or forced to give up custody of children due to the prospect of being homeless as a result of the “renoviction” problem.
Consider Ruth’s story (not her real name).
Ruth is a single mother of two beautiful four-year-old twin girls. She just left an abusive relationship and is now homeless with her young family. Ruth has a full-time job. The family is homeless after the landlord decided to renovate his property and then increased the rent by $600. Ruth’s rent was $1,600 before the renovations. After the renovations, the new rent jumped to $2,200. Ruth’s monthly income is $2,500.
The landlord complied with the right of first refusal as outlined in the RTA and offered Ruth the option to return to her home if she agreed to the new rent increase. Ruth could not afford the new rent increase. So, she moved out to live with family members and friends and now she lives in a van with her children.
Ruth’s story is not unique. For many residents of Squamish, Whistler, and Pemberton, this is their reality. When a person is forced into homelessness, they are robbed of their dignity and safety.
This is a violation of their fundamental human right to housing as outlined in Article 11 of the ICESCR.
It is time policymakers in B.C. remember Canada’s obligation under Article 11 of the ICESCR and implement meaningful laws that protect tenants’ human rights by ending legal loopholes created by the right of first refusal.
Peter Kabengele,
Poverty Law Advocate with
Sea to Sky Community Services
