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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