B.C. seniors being threatened with eviction from retirement homes over service fee increases, says seniors advocate

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Seniors are being threatened with eviction from retirement homes because they can’t afford increases to the cost of meals, laundry, cleaning and other services provided as part of their tenancy, says B.C.’s seniors advocate.

But the head of the B.C. Care Providers Association says costs for those services have risen with inflation and including them in provincial rent increase limits would put retirement homes out of business.

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In a report released Thursday, Dan Levitt took issue with dramatic cost increases to the mandatory service packages added to the rent at many B.C. independent living facilities.

“Raising fees that must be paid as a condition of tenancy is the same as raising the rent,” he said. “The law is very clear that anything a tenant is required to pay to the landlord as part of their tenancy, whether it is for meals or a parking spot, is included as part of the rent and protected by the annual allowable rent increase.”

He said his office has received calls from seniors facing eviction because they can’t pay the increases — sometimes as much as 24 per cent — and can’t opt out.

He wants the Residential Tenancy Branch (RTB) to provide better support for seniors living in retirement homes, and recognize that B.C’s tenancy act applies to both the rent and service portions of their costs.

“The inequities faced by seniors stem from the very design of RTB dispute resolution process and the inherent power imbalance,” he said. “On the one side, the often large companies running independent living residences have the funds and organizational capacity to hire lawyers and present strong cases, and on the other, is a senior who is attempting to present their case before the arbitrator, usually by themselves.”

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But Levitt’s report resulted in a sharp rebuke from the head of the B.C. Care Providers Association, who said his organization wasn’t adequately consulted.

Terry Lake said limiting the cost of the service package residents signed up for when they moved into a retirement facility would amount to regulating the cost of food, haircuts and recreation activities for seniors.

Food costs went up almost 10 per cent in B.C. between 2022 and 2023. The allowable rent increase for 2023 was set at two per cent.

Lake said many retirement homes wouldn’t be able to operate if they couldn’t pass on cost increases for food and labour to residents. Rent increases are already limited in line with provincial policy.

Allowing people to opt in and out of the service package also isn’t feasible, he said, because private facilities rely on it as part of their business model. Seniors are aware of the package and what it provides when they move in, often choosing a home based on the services and amenities it offers.

“Seniors are certainly not trapped,” said Lake, when asked if double-digit increases left seniors with no options.

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The vacancy rate in B.C. retirement homes varies at around 15 per cent, meaning seniors can choose to move if they want to find a more affordable facility, he said.

Victoria resident Greg Stewart said he is happy Levitt decided to shine a light on the struggles seniors face accessing help from the RTB. His mother recently moved out of a retirement facility into a long-term care home. When she tried to get her damage deposit back, the operator told her the facility was not subject to B.C.’s tenancy act and tried to keep the deposit.

Stewart was ultimately successful at the RTB, but he believes many other residents would not question the operator.

“I think she’s counting on the fact that families are in the middle of an emotional time and they’re not going to go after her for a few thousand dollars,” he said.

Levitt’s report includes stories from several other B.C. seniors and their families who were given conflicting information about whether or not the tenancy act applies to people living in retirement communities.

About 30,000 seniors live in independent living units across the province where they receive services like meals and cleaning, but not around-the-clock medical care.

gluymes@postmedia.com

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