B.C. Reg. 3/2024, deposited on January 18, 2024, introduces important amendments to the Residential Tenancy Regulation (B.C. Reg. 477/2003) under the Residential Tenancy Act (RTA). Approved by Order in Council 17/2024. These changes primarily focus on “supportive housing rental units” and the specific responsibilities of landlords managing these types of properties.

One of the key changes is the formal definition of a “supportive housing rental unit.” These are rental units provided to tenants who are assessed as either experiencing, or at risk of, homelessness, and who would benefit from housing stability support. This classification is essential because supportive housing units are subject to different regulations than standard rental properties. As part of this differentiation, Section 2 of the regulation introduces exemptions for supportive housing rental units from sections 28, 29, and 30(1)(b) of the Residential Tenancy Act. These sections cover the tenants’ rights to quiet enjoyment, the landlord’s right to enter rental units, and the tenant’s right to access. The exemptions acknowledge the unique nature of supportive housing, where support services and necessary interventions may require a more flexible operational framework.

A new Section 2.1 outlines the criteria for classifying a rental unit as supportive housing. To meet this classification, the rental unit must be located in a residential property operated by a supportive housing provider, be provided to tenants who are at risk of homelessness, and offer housing stability support. Additionally, the rental unit must be provided on a long-term basis, rather than temporarily. Supportive housing operators include a range of entities, such as the B.C. Housing Management Commission, the Canada Mortgage and Housing Corporation (CMHC), municipalities, regional districts, health authorities, non-profit organizations, and registered charities. These organizations manage properties that qualify as supportive housing and provide essential tenant services.

The concept of “housing stability support” is central to supportive housing and refers to assistance that helps tenants access community resources, skills training, and social inclusion opportunities. Importantly, such support must be voluntary for tenants and be funded by a supportive housing operator or government entities. Support includes a variety of services, such as social and recreational activities that promote community inclusion, skills training programs to aid independent living, collaborative planning to help tenants set and achieve goals, and assistance with accessing non-emergency health services.

Another significant amendment exempts landlords of supportive housing rental units from including certain provisions in tenancy agreements that are required for standard rental properties. For instance, landlords are not required to include clauses about occupants and guests that are typically found in sections 9(1), (2), and (2.1) of the Residential Tenancy Regulation. Additionally, they are exempt from including provisions related to landlord entry, as set out in section 11 of the regulation. This exemption reflects the operational realities of supportive housing, where staff and support workers may need more flexible access to tenants’ units in order to provide services effectively.

British Columbia (3/2024) January 23, 2024