Assisted and Supported Living Tenancies (19:XV): Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
(Created page with "{{LSLAP Manual TOC|expanded = landlord}} The RTA does not cover Assisted Living nor most Supported Living Tenancies. In September 2013, the B.C. Law Institute published a rep...")
 
No edit summary
 
(22 intermediate revisions by 5 users not shown)
Line 1: Line 1:
{{REVIEWED LSLAP | date= August 15, 2024}}
{{LSLAP Manual TOC|expanded = landlord}}
{{LSLAP Manual TOC|expanded = landlord}}


The RTA does not cover Assisted Living nor most Supported Living Tenancies. In September 2013, the B.C. Law Institute published a report after a three-year review regarding drafting legislation on Assisted Living and Residential  Care  tenancies. ''The  Report  on   Assisted  Living  in   British  Columbia'' is   available  online  at http://www.bcli.org/publication/report-on-assisted-living-in-british-columbia.  
The ''RTA'' does not cover tenancies in a community care facility under the Community Care and Assisted Living Act, in a continuing care facility under the Continuing Care Act, or in a housing-based health facility that provides hospitality support services and personal health care. This may exclude some Assisted Living facilities. Supportive Housing is covered by the ''RTA''. As with any issue of jurisdiction, whether the ''RTA'' applies turns specifically on the facts of a tenancy and on whether any of the exemptions in ''RTA'' s 4. If an accommodation is exempt from the ''RTA'', the resident receives none of the protections under the ''RTA''.


Hospitality  service  may  include  meal  services,  laundry  services,  social  and  recreational  opportunities  or a  24 hour  emergency  response  system.  Personal  care  services  would  include  assistance  with  eating,  grooming, bathing,  etc.;  storage  and  distribution  of  medications; supervision  of cash  and  property;  nutrition  monitoring; behaviour management; or psychosocial rehabilitation. Tenants and landlords entering into assisted/supported living arrangements  need to sign  tenancy  agreements, and also  need  to sign  separate  service  agreements specifying which services are included and on what terms. A service agreement should cover:
Supportive housing is long-term or permanent living accommodation for individuals who need some support services to live independently. Supports offered on-site by supportive housing providers are non-clinical, and residents are not required to receive supports to maintain their housing. Any policies put in place by supportive housing providers must be consistent with the ''RTA'' and regulations. See Residential Tenancy Policy Guideline 46 for transitional housing, health facilities, and rehabilitative and therapeutic housing.  
*the hospitality services and personal care services provided to each occupant of the rental unit;
*the amount payable for these services and when it is due;
*the landlord’s entry into the rental unit to provide services; and
*whether there is a requirement for other occupants and guests to pay for services that are not needed.  


More  information  on  assisted  living  services  can  be  found  at  the  website  of  the  Assisted  Living  Registry  at http://www.health.gov.bc.ca/assisted/residents/.
{{LSLAP Manual Navbox|type=chapters15-23}}
 
Fees for  these  services  should  not  be  part  of  a lump-sum  monthly  bill,  but  should  be  set  out  separately  from the rental fee. A landlord can increase the rent if the tenant agrees, or once a year by a percentage permitted by law.  The landlord  must give  the  tenant  three  whole  rental months’  written  notice  before  the  effective  date  of the rent increase. A landlord will not be permitted to withdraw or restrict rental services if they are essential, or if they constitute material terms of the rental agreement.

Latest revision as of 08:59, 30 August 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 15, 2024.



The RTA does not cover tenancies in a community care facility under the Community Care and Assisted Living Act, in a continuing care facility under the Continuing Care Act, or in a housing-based health facility that provides hospitality support services and personal health care. This may exclude some Assisted Living facilities. Supportive Housing is covered by the RTA. As with any issue of jurisdiction, whether the RTA applies turns specifically on the facts of a tenancy and on whether any of the exemptions in RTA s 4. If an accommodation is exempt from the RTA, the resident receives none of the protections under the RTA.

Supportive housing is long-term or permanent living accommodation for individuals who need some support services to live independently. Supports offered on-site by supportive housing providers are non-clinical, and residents are not required to receive supports to maintain their housing. Any policies put in place by supportive housing providers must be consistent with the RTA and regulations. See Residential Tenancy Policy Guideline 46 for transitional housing, health facilities, and rehabilitative and therapeutic housing.

© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society.