Tenant Protection

Category

Section 488(1)(k) of the Local Government Act allows for the mitigation of the effects of displacement on tenants who will be or have been displaced from their rental units in relation to a redevelopment or a proposed redevelopment, as those terms are defined under Section 63.1 of the Community Charter.

Properties Affected

Unless exempted (See Exemptions section below) a development permit addressing the tenant protection guidelines must be approved for all properties that contain residential uses, before:

• Construction of, addition to, or alteration of a building or structure.

Justification

As one of the fastest growing cities in Canada, Kelowna is rapidly evolving. The City of Kelowna's Official Community Plan outlines key pillars that guide the City's growth, which includes accommodating growth in existing developed neighbourhoods, with access to services, employment, housing, transportation options, parks and other amenities, and limiting urban sprawl.

An inevitable result of growth within existing neighbourhoods is the incremental redevelopment of older housing stock and mobile home parks. Redevelopment of these properties can lead to displacement of long-term residents. Displacement can challenge residents in finding new housing that is affordable, especially in a difficult housing market.

Objectives

To balance protections for tenants while ensuring development can proceed in accordance with the Official Community Plan.

Exemptions

A Tenant Protection Development Permit will not be required for:

• Construction of, addition to, or alteration of a building or structure that does not result in the complete or partial demolition of a residential property to the extent that one or more rental units within the residential property is completely and irreversibly damaged.
• Construction of, addition to, or alteration of a building or structure on a residential property, if the property contains four (4) or less residential dwelling units.

Guidelines

1. Compliance with Tenant Protection Bylaw
   1. 1   Redevelopment to be in accordance with City of Kelowna Tenant Protection Bylaw No. 12785, including requirements for:
   • Financial compensation;
   • Financial Assistance;
   • Submission of a Tenant Protection Plan.
   1. 2   A Compliance Report must be submitted detailing compliance with the Tenant Protection Bylaw.