Landlord who barred siblings living together ordered to pay $31K for 'discrimination'
A BC property management company that refused to allow the sister of one of its tenants to move in, is on the hook for $31,000 after the BC Human Rights Tribunal ruled it was "discrimination."
According to a July 11 BC Human Rights Tribunal decision, Alireza (Alex) Zarei wanted his sister to move into his one-bedroom downtown Vancouver apartment when in 2018 she moved to Canada from Iran to do a master's degree.
However, his landlord, Austeville Properties, refused.
The decision said Alex spoke to Austeville’s leasing manager a week before his sister arrived to ask about how to add her to his tenancy agreement.
He didn't receive a response but followed up again asking about how to get a spare set of keys for his sister.
However, Austeville Properties responded saying the one-bedroom apartment was designed for a single person or a married or common-law couple and his sister couldn't live with him.
The landlord said once his sister had reached the 14-day period that guests were allowed, she would have to move out.
"Our decision is final and we request your adherence to your lease agreement and company policies," the company told him in an email.
The sister then moved out after finding a room to rent for $1,140 per month.
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Sometime later, the siblings took the landlord to the BC Human Rights Tribunal.
"The discrimination in this case was serious, impacting the ability of a brother and sister to live together at a critical time in both their lives," the Tribunal ruled. "Ms. Zarei was denied the opportunity to live with her brother as she transitioned to a new life in Canada, and Mr. Zarei was deprived of the opportunity to provide the support he had envisioned for his younger sister."
The decision says Austeville Properties argued some of the early communications were based on a misunderstanding and the real issue is its "makeshift bedroom policy."
The landlord said its policy has been in place for 15 years and is intended to prevent excessive wear and tear in rental units.
"Makeshift bedrooms often entail excessive furniture or additional fixtures as tenants try to create privacy in a space not intended for sleeping," the landlord argued.
The Tribunal said it accepted that the makeshift bedroom policy was adopted for reasons related to the maintenance of apartments.
"However, I am not satisfied that its blanket application to the Zareis was reasonably necessary," the Tribunal ruled.
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The decision says "critically", there is no evidence the Zareis planned to make a makeshift bedroom.
"Austeville never asked them about their intended sleeping arrangements," the Tribunal ruled. "The manager did not ask Mr. Zarei or Ms. Zarei about whether they intended to use a pull-out sofa or bed, or suggest that the tenancy may be viable if they agreed to abide by the makeshift bedroom policy... the landlord did not take any steps to consider whether they could live together in compliance with the policy."
Austeville Properties also argued it did try to accommodate the siblings by suggesting that they get a two-bedroom apartment.
"While moving may be a solution to a problem posed by discriminatory housing, it is not an accommodation in these circumstances," the Tribunal ruled. "The onus is on the landlord to take all reasonable and practical steps to remove the family-status related barriers to Mr. Zarei and Ms. Zarei’s tenancy. It is not an answer to say that they should have simply left."
Ultimately, the Tribunal ruled that the landlord's decision to not allow the sister to live in the apartment was in violation of the BC Human Rights Code.
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The Tribunal ordered the landlord to pay $16,156 to cover the extra rent the sister had to pay, plus $15,000 to compensate them for injury to their dignity, feelings, and self-respect.
The decision also notes, that it "should not be interpreted to endorse makeshift bedroom policies as compliant with the BC Human Rights Code."
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