CLAS succeeds in staving off extraordinary rent increase

This summer, CLAS represented several tenants of Crest Estates manufactured home park in Nanaimo in a judicial review about whether their landlord is entitled to increase their rent by up to 76%.

Crest Estates manufactured home park applied for an additional rent increase last September on the basis that its rents were significantly lower than the rents for similar sites in nearby parks.  The landlord sought to increase all the rents to $400 per month.  In practical terms, this meant a rent increase of $102.69 to $173.02 per month for each affected tenant.  As most of the tenants of Crest Estates are over 70 years of age and on a fixed income, such a significant rent increase was a serious concern.

The tenants successfully disputed the application for an additional rent increase at the Residential Tenancy Branch on the basis that the lower rents at Crest Estates reflect the lower quality of the park.  However, their landlord applied for judicial review of the dismissal at the BC Supreme Court.  CLAS represented the tenants on judicial review to protect their affordable housing and the robustness of the rent control provisions. 

On August 28, 2014, the Supreme Court of British Columbia issued its decision in the case.  CLAS is pleased to report that the Court upheld the Residential Tenancy Branch’s denial of the extraordinary rent increase. For many of the tenants of Crest Estates, this decision will ensure they can continue to live in the community where they have lived for decades.  See the decision here.