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Vancouver's Plan A Real Estate fined $10,000 for using 'travel' leases to duck law – CBC.ca

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Vancouver’s Plan A Real Estate Services has been fined $10,000 by the Residential Tenancy Branch for requiring tenants to sign lease agreements that it falsely claims aren’t covered by B.C.’s tenancy laws.

In an April 20 notice of administrative penalty, Richard Maddia, acting director of the provincial authority’s Compliance and Enforcement Unit, wrote that Plan A had contravened the Residential Tenancy Act in at least 152 tenancy agreements.

In each of those cases, the company had asked tenants to sign what it calls “Furnished Travel Accommodation Tenancy Agreements” that stated “the Residential Tenancy Act of British Columbia does not apply to the terms of this tenancy agreement or any addendums, changes or additions to these terms.”

But Maddia said landlords can’t simply write their way out of legal responsibilities.

“I am not satisfied that any contract that is presumptively subject to a regulatory scheme can simply include terms purporting to exempt it from the relevant legislation, just because one of the parties finds it is in their interest to do so,” the decision says.

Maddia wrote that he was satisfied “the respondents’ inclusion of standard language that seeks to avoid or disapply the Act on the basis that the tenancies are vacation or travel accommodations, is a contravention … of the Act and of no effect.”

Anoop Majithia, Plan A’s executive director, has been ordered to pay a penalty of $5,000 by June 20 for contravening the act in a way that creates confusion for an “uninformed tenant.” An additional penalty of $5,000 is levied for having multiple contraventions.

Along with that, the decision notes that a penalty of $5,000 per day will be levied if the violation continues. 

Tenants paid security deposits on ‘travel’ rentals

Plan A has been in the news before, accused of misleading new tenants about the units they were renting. The company has been penalized by the Residential Tenancy Branch (RTB) on at least two occasions for what tenants describe as “bait and switch” manoeuvres with the apartments they were promised.

According to the latest decision penalizing Plan A, the investigation into the company’s rental agreements began in 2018 with a complaint to the Compliance and Enforcement Unit.

Senior investigator Rishi Mahal reviewed 207 tenancy agreements provided by Majithia’s lawyer, and found that 181 claimed to be “Furnished Travel Accommodation Tenancy Agreements.”

The Residential Tenancy Act does not cover vacation or travel rentals, but according to the decision, 152 of the agreements reviewed in the investigation “were not for travel accommodation and were not exempt from the jurisdiction of the Act.”

Despite Plan A’s claims that these accommodations were for travel, Maddia found that each tenant was required to pay a security deposit, set up a B.C. Hydro account and obtain insurance to cover personal property.

Anoop Majithia is the executive director of Plan A Real Estate Services. (Anoop Majithia/LinkedIn)

In response to the investigation, Majithia submitted exhibits that he claimed proved these agreements were exempt from the law. His lawyer argued that if they were in fact not exempt, it was not the result of a deliberate attempt to contravene the act.

He also argued that if Plan A had broken the law, the penalty should be at the lower end of the range because the violations were not the result of dishonesty, and claimed Majithia did his best “to apply a test that the RTB’s Landlord and Tenant Hotline” had recommended, the decision says.

But the decision notes that while Majithia says he contacted the hotline, he didn’t record the names of any RTB staff he spoke to, and didn’t provide any other specifics about these calls.

The investigation into Plan A was temporarily held up because of a court petition filed by the company. 

According to a 2021 B.C. Supreme Court judgment, Mahal had originally recommended administrative penalties against Plan A in 2020 in connection with these 152 agreements.

The problem was a scathing Oct. 28, 2020 letter to the company from Scott McGregor, the RTB’s director of compliance and enforcement, which a judge said suggested he had prejudged the case.

The court prohibited McGregor from making a final decision, and Maddia was contracted as an acting director of the unit for the purposes of rendering a decision.

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Greater Toronto home sales jump in October after Bank of Canada rate cuts: board

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TORONTO – The Toronto Regional Real Estate Board says home sales in October surged as buyers continued moving off the sidelines amid lower interest rates.

The board said 6,658 homes changed hands last month in the Greater Toronto Area, up 44.4 per cent compared with 4,611 in the same month last year. Sales were up 14 per cent from September on a seasonally adjusted basis.

The average selling price was up 1.1 per cent compared with a year earlier at $1,135,215. The composite benchmark price, meant to represent the typical home, was down 3.3 per cent year-over-year.

“While we are still early in the Bank of Canada’s rate cutting cycle, it definitely does appear that an increasing number of buyers moved off the sidelines and back into the marketplace in October,” said TRREB president Jennifer Pearce in a news release.

“The positive affordability picture brought about by lower borrowing costs and relatively flat home prices prompted this improvement in market activity.”

The Bank of Canada has slashed its key interest rate four times since June, including a half-percentage point cut on Oct. 23. The rate now stands at 3.75 per cent, down from the high of five per cent that deterred many would-be buyers from the housing market.

New listings last month totalled 15,328, up 4.3 per cent from a year earlier.

In the City of Toronto, there were 2,509 sales last month, a 37.6 per cent jump from October 2023. Throughout the rest of the GTA, home sales rose 48.9 per cent to 4,149.

The sales uptick is encouraging, said Cameron Forbes, general manager and broker for Re/Max Realtron Realty Inc., who added the figures for October were stronger than he anticipated.

“I thought they’d be up for sure, but not necessarily that much,” said Forbes.

“Obviously, the 50 basis points was certainly a great move in the right direction. I just thought it would take more to get things going.”

He said it shows confidence in the market is returning faster than expected, especially among existing homeowners looking for a new property.

“The average consumer who’s employed and may have been able to get some increases in their wages over the last little bit to make up some ground with inflation, I think they’re confident, so they’re looking in the market.

“The conditions are nice because you’ve got a little more time, you’ve got more choice, you’ve got fewer other buyers to compete against.”

All property types saw more sales in October compared with a year ago throughout the GTA.

Townhouses led the surge with 56.8 per cent more sales, followed by detached homes at 46.6 per cent and semi-detached homes at 44 per cent. There were 33.4 per cent more condos that changed hands year-over-year.

“Market conditions did tighten in October, but there is still a lot of inventory and therefore choice for homebuyers,” said TRREB chief market analyst Jason Mercer.

“This choice will keep home price growth moderate over the next few months. However, as inventory is absorbed and home construction continues to lag population growth, selling price growth will accelerate, likely as we move through the spring of 2025.”

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Homelessness: Tiny home village to open next week in Halifax suburb

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HALIFAX – A village of tiny homes is set to open next month in a Halifax suburb, the latest project by the provincial government to address homelessness.

Located in Lower Sackville, N.S., the tiny home community will house up to 34 people when the first 26 units open Nov. 4.

Another 35 people are scheduled to move in when construction on another 29 units should be complete in December, under a partnership between the province, the Halifax Regional Municipality, United Way Halifax, The Shaw Group and Dexter Construction.

The province invested $9.4 million to build the village and will contribute $935,000 annually for operating costs.

Residents have been chosen from a list of people experiencing homelessness maintained by the Affordable Housing Association of Nova Scotia.

They will pay rent that is tied to their income for a unit that is fully furnished with a private bathroom, shower and a kitchen equipped with a cooktop, small fridge and microwave.

The Atlantic Community Shelters Society will also provide support to residents, ranging from counselling and mental health supports to employment and educational services.

This report by The Canadian Press was first published Oct. 24, 2024.

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Here are some facts about British Columbia’s housing market

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Housing affordability is a key issue in the provincial election campaign in British Columbia, particularly in major centres.

Here are some statistics about housing in B.C. from the Canada Mortgage and Housing Corporation’s 2024 Rental Market Report, issued in January, and the B.C. Real Estate Association’s August 2024 report.

Average residential home price in B.C.: $938,500

Average price in greater Vancouver (2024 year to date): $1,304,438

Average price in greater Victoria (2024 year to date): $979,103

Average price in the Okanagan (2024 year to date): $748,015

Average two-bedroom purpose-built rental in Vancouver: $2,181

Average two-bedroom purpose-built rental in Victoria: $1,839

Average two-bedroom purpose-built rental in Canada: $1,359

Rental vacancy rate in Vancouver: 0.9 per cent

How much more do new renters in Vancouver pay compared with renters who have occupied their home for at least a year: 27 per cent

This report by The Canadian Press was first published Oct. 17, 2024.

The Canadian Press. All rights reserved.

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