RESIDENTIAL TENANCIES — Security of tenure — Termination by notice

Law360 Canada (August 19, 2024, 2:36 PM EDT) -- Appeal by Najaripour from dismissal of her application for judicial review of arbitrator’s decision. The appellant argued that the chambers judge erred in law in failing to find that the Arbitrator was patently unreasonable in making her Residential Tenancy Branch (“RTB”) decision and erred in law in failing to conclude that the RTB Decision was procedurally unfair. Najaripour was a tenant at a rental property owned and operated by Brightside Community Homes Foundation (“Brightside”). Brightside was a nonprofit society that provided subsidized rental housing for low-income tenants. Brightside concluded Najaripour no longer qualified for a rent subsidy and decided to charge her full economic rent for her unit. This decision was made because Brightside was not satisfied Najaripour had provided the financial information it required to assess her eligibility for the subsidy, in particular, copies of her bank statements. Najaripour did not accept this decision and insisted on paying only the subsidized portion of her rent. Brightside served Najaripour with a 10-day notice to end tenancy for unpaid rent. Najaripour disputed the notice to end tenancy. The RTB upheld the notice. Najaripour’s application for judicial review of the arbitrator’s decision was dismissed by the chambers judge....
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