REPORT TO COUNCIL

November 23, 1989 -~3-

In 1984 a new Residential and Tenancy Act came into being which allowed the
landlord to give notice to vacate TF he wished to convert for a term
exceeding 20 years, with the only restriction being that he give notice of
intention to lease over 20 years to any existing or prospective tenants. It
would appear that after 1984 the Municipality had no control over long term
leases in residential buildings. :

Recently, as a result of conversions of certain buildings in Vancouver, the
Order in Council was adopted which now requires landlords to have the
approval, by by-law of the Municipality, prior to giving notice of intention
to convert to leases over 20 years. It is not clear why 20 years and not 3
years was picked.

A conversion to a lease of more than 3 years is, for all intents and
purposes, a creation of a strata lot without the necessity of Municipal
approval. Under the Condominium Act approval is required prior to
conversion of an existing residentially used building.

It would therefore seem, in principle, that this control should be returned
to the Municipality and in a manner which makes it clear that the first step
in the conversion process is the seeking of approval of the Municipality in
which the building is situated.

The assistance cf the Law Department in the preparation of this history is
acknowledged and appreciated.

I would recommend that Council adopt the following resolution:

WHEREAS tenants are being threatened with eviction if they do not enter into
long term leases; and,

WHEREAS the existing legislation refers to the giving of notice to the
tenant and not the actual conversion to long term leases; and,

WHEREAS the Municipality should have control of these long term leases in
the same manner as condominiums.

NOW THEREFORE the Municipal Council of the Corporation of the Township of
Rictmond hereby resolves:

That the Provincial Government introduce legislation at the earliest
possibte opportunity to require the consent of the Municipality prior
to the entering into of any lease for residential tenancy greater than
three years.

Ald. Doug Sandberg (_/
ds /cmb
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