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Home My Public Portal AboutManufactured Home Park RedevelopmentPage 1 of 2 COUNCIL POLICY Effective Date: November 27, 2006 Revised: January 25, 2021 Page 1 of 2 SECTION: Development Services TITLE: Manufactured Home Park Redevelopment Policy PURPOSE: When considering any application for redevelopment of a manufactured home park, Council wishes to consider what additional assistance to potentially displaced tenants, if any, is proposed or is deemed appropriate in the circumstances. This policy defines the breadth of information to be considered prior to a manufactured home park rezoning application coming before Council to allow redevelopment of a manufactured home park to a non-residential use or residential use other than a manufactured home park. SCOPE: This policy applies to applications for an amendment to the Zoning Bylaw and to any other matters in which Council may properly take into consideration the displacement of manufactured home park tenants. POLICY STATEMENT: The Manufactured Home Park Redevelopment Policy address the displacement of tenants resulting from redevelopment of manufactured home parks. The policy is meant to provide tenants with the opportunity for greater notification and assistance from applicant(s) than is currently required under the Manufactured Park Home Tenancy Act. POLICY: Initial Notice 1.Tenants affected by any proposed manufactured home park redevelopment should be advised by the owner thirty days prior to Council first considering the application for a manufactured home site redevelopment. This notice should include: a.A copy of this policy; b.A description of the proposed application; c.A proposed schedule for the application process and if approved, the proposed redevelopment; and Manufactured Home Park Redevelopment Policy Page 2 of 2 A timetable for considering what relocation assistance or compensation is to be provided to each tenant affected by the application. 2. Prior to public hearing for rezoning a manufactured home park, the applicant is to provide the following information related to the subject property: a. Number of manufactured homes that are certified for relocation and their physical condition; b. Number of manufactured homes that are not certified for relocation; c. Current rental rates on each manufactured home pad; d. Terms of the current rental agreements in place; e. The current assessed value of each manufactured home; and f. Details on any relocation assistance or compensation being offered by the applicant to each tenant being affected by the application in addition to the mandatory payment under the Manufactured Home Park Tenancy Act, attached. g. Status report on the implementation of the program, indicating preferred options for the tenants. Timing The applicant(s) should formulate, communicate and begin implementing components of the program as soon as possible, after the plans for redevelopment are made. The relocation assistance plan should be provided to the Town of Oliver with the development application. Consideration Council may consider matters contained in this policy along with any other material it believes to be relevant to its decision on any application and need not state its reason for support or refusal of any application. Attached: Residential Tenancy Policy Guideline, 33. Ending a Manufactured Home Park Tenancy Agreement – Landlord Use of Property, June-2018 R ESIDENTIA L T ENANC Y P OLIC Y G UIDELIN E 33. Ending a Manufactured Home Park Tenancy Agreement - Landlord Use of Property Page 1 of 2 Jun-18 June 6, 2018 This policy guideline is intended to guide Residential Tenancy Branch staff and the public in understanding jurisdiction of the Director appointed under the Residential Tenancy Act or the Manufactured Home Park Tenancy Act. This policy guideline may be revised and new Guidelines issued from time to time. A. LEGISLATIVE FRAMEWORK Under section 42 of the Manufactured Home Park Tenancy Act, a landlord can end a tenancy agreement for landlord use if the landlord intends, in good faith, to convert all or a significant part of the manufactured home park to a non-residential use or a residential use other than a manufactured home park. The landlord must have all the necessary permits and approvals required by law before the notice to end is issued. Significant Part “Significant part” means “consequential”, “considerable”, “material”, “noticeable” and “important”1. An arbitrator may consider the size of the redevelopment or conversion, and its size in relation to the park as a whole. A landlord cannot use this provision to end an individual tenancy under this part unless the park contains one site or one occupied site where the landlord plans to convert to another use. A landlord cannot end a tenancy on a site that is not part of the redevelopment or conversion, unless the site must be vacated for the redevelopment or conversion to proceed. B. COMPENSATION A landlord who gives a notice to end tenancy to a tenant must pay the tenant $2 0,000 on or before the effective date of the notice. A tenant may make an application for additional compensation equal to the most recent assessed value of the tenant’s home minus $20,000, if: 1. The manufactured home is not capable of being moved before the tenant is required to vacate the manufactured home site at the end of the tenancy; and 2. The most recent assessed value of the manufactured home, as determined under the Assessment Act, is greater than $20,000. To meet the first requirement, a tenant must prove: 1. They are not able to obtain the necessary permits, licenses, approvals or certificates required by law to move the manufactured home; or 2. The tenant is not able to move the manufactured home to another manufactured home site within a reasonable distance of the current manufactured home site; and 3. The tenant does not owe any taxes in relation to the manufactured home. A tenant should be able to provide evidence showing what steps they took to obtain any necessary permits or approvals that may be required by the Manufactured Home Act, or a local government and why they could not be obtained. For example, section 15 of 1 See Stelco Inc. v Ontario (1994)115 DLR(4th)437 @ 439, Ontario Court – General Division, approved on Appeal(1995)126 DLR(4th)767, and R v Dupuis (1998) 174 Sask. R 17 R ESIDENTIA L T ENANC Y P OLIC Y G UIDELIN E 33. Ending a Manufactured Home Park Tenancy Agreement - Landlord Use of Property Page 2 of 2 Jun-18 June 6, 2018 that Act sets out requirements to move a manufactured home. If a tenant is unable to meet those requirements, they should provide evidence of what steps they took to meet the requirements and why they were unable to do so. If a tenant can’t move their home because another manufactured home site within a reasonable distance is not available, the tenant should be able to provide evidence that they took steps to find another manufactured home site and were unable to do so. Steps might include contacting manufactured home parks, asking if they have sites available and requesting written confirmation that no sites are available. This written confirmation would be evidence the tenant could rely upon at the hearing. What is a reasonable distance depends on the circumstances. In determining whether an available site is a reasonable distance, an arbitrator may consider:  Whether it is in a different community  The distance from the current site  Geographic barriers The tenant must prove there are no outstanding taxes on the manufactured home. Proof will depend on the location of the home and the responsible taxing authority. Some taxing authorities may issue a certificate; others may issue a written statement. If a tenant is unable to move their home in the above circumstances, the abandonment provisions set out in Part 6 of the Manufactured Home Park Tenancy Regulation apply. A landlord may pursue a claim against a tenant for outstanding rent or fees, but may not claim reimbursement from the tenant for costs to remove, store, advertise or dispose of the property and a search required to comply with s. 37 [notice of disposition]. C. ADDITIONAL COMPENSATION A landlord must take steps to accomplish the stated purpose for ending the tenancy within a reasonable period after the effective date of the notice. If they do not, they are required to compensate a tenant the equivalent of 12 months’ rent or $5000, whichever is greater, unless excused by an arbitrator in extenuating circumstances. See Policy Guideline 50 for information on extenuating circumstances. D. CHANGES TO POLICY GUIDELINE Section Change Notes Effective Date A am Reference legislative framework 2018-06-06 B new Sets out compensation provisions for ending tenancy 2018-06-06 C new Sets out compensation payable if landlord does accomplish stated purpose 2018-06-06 Change notations am = text amended or changed del = text deleted new = new section added