Anonymous

Difference between revisions of "The Residential Tenancy Act (19:I)"

From Clicklaw Wikibooks
Line 86: Line 86:


Section 4 of the RTA states that the RTA does not apply to accommodation “provided for
Section 4 of the RTA states that the RTA does not apply to accommodation “provided for
emergency shelter or transitional housing.” The exact bounds of the category of “transitional
emergency shelter or transitional housing.” The Residential Tenancy Regulations were updated in December 2016 to include a three-part definition of transitional housing. according to s.1 of the Regulations, "transnational housing" means living accommodation that is provided:  
housing” are not entirely clear. Factors that arbitrators have referred to in determining whether
*On a temporary basis
housing is “transitional housing” include:
*By a person or organization that receives funding from a local government or the government of British Columbia or of Canada for the purpose of providing that accommodation, and
* whether the tenancy is for a fixed, short, term
*Together with programs intended to assist tenants to become better able to live independently.
* whether participation in programming (for example, in relation to mental health or substance use) is a condition of the tenancy
Any accommodation must satisfy all three o these criteria to be excluded from the Act, even if a transitional housing agreement has been signed. 
* whether there are rules governing conduct while in the housing, including rules about behaviour or guests
 
Policy Guideline 46: Emergency Shelters, Transitional Housings, Supportive Housing defines "emergency shelter" as "a facility that provides temporary overnight shelter to homeless individuals".  Residents of these shelters "may have an immediate need for support services" such as nutrition, hygiene, and health services, and "may be required to abide by the house rules as a condition of their stay".


=== 9. Others Not Covered (RTA, s 4) ===
=== 9. Others Not Covered (RTA, s 4) ===
5,109

edits