LATE DISTRIBUTION
FOR COUNCIL JULY 25, 1995
A19
ADMINISTRATIVE REPORT
Date: July 20, 1995
Dept. File No. 3213
TO: Vancouver City Council
FROM: Manager of the Housing Centre
SUBJECT: Lease of Caretaker's Suite - 1878 Robson Street
RECOMMENDATION
THAT Council, in accordance with Section 2(3) of the Residential
Tenancy Act, approve a by-law to permit the Belmanor Apartments
Limited to enter into and assign a long term lease of the caretaker
suite (formerly Apt. #4, now part of Apt. #5) at 1878 Robson Street
and instruct the Director of Legal Services to prepare the
necessary by-law.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
City policy is to protect the interests of tenants when rental housing
is lost through stratification, redevelopment, or conversion by such
means as long-term leases.
PURPOSE
This report recommends that Council approve a by-law to regularize a 99-
year lease of the former caretaker's suite at 1878 Robson Street.
BACKGROUND
In response to concerns over the loss of rental housing through
conversions to long-term leases, the Province in 1990 amended Section 2
of the Residential Tenancy Act to state that:
"(3) No Landlord, other than an individual who is the
holder of a lease under a tenancy agreement for a
term exceeding 20 years and is the occupier of the
rental unit shall enter into a tenancy agreement for
a term exceeding 20 years, or assign a tenancy
agreement with 20 or more years of its term yet to
run, except with the prior approval, by by-law of
the municipality in which the premises are
located."CARETAKER SUITE AT 1878 ROBSON STREET
Belmanor Apartments located at 1878 Robson Street is owned collectively
by its occupants in a form of tenure predating the Strata Title (now the
Condominium) Act commonly referred to as an 'apartment company'. The
company, incorporated in 1950, is called Belmanor Apartments Limited and
1878 Robson Street is its sole asset.
When the units were originally leased to the first purchasers, the
company retained one unit to rent to a caretaker. In 1991 the
occupant/shareholders of the building wanted to raise funds for
renovations and entered into a long-term lease (longer than 20 years)
with a purchaser who combined the caretaker unit with their adjoining
unit. Subsequently, the company became aware that the long-term lease
required the approval of City Council, and they have written to seek
Council approval to enter into the long-term lease under Section 2(3) of
the Residential Tenancy Act to regularize the current arrangement.
It is recommended that Council approve a by-law to permit Belmanor
Apartments Limited to enter into and assign a long-term lease of the
caretaker unit at 1878 Robson Street. The RTA was drafted to provide
municipalities with the flexibility to permit long-term leases where
justified by individual circumstances. The caretaker unit was never
part of general rental housing stock and is located in an otherwise
owner occupied building. With the advent of property management
companies, live-in caretakers are no longer necessary.
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