Frequently Asked Questions
General FAQs
- What is a Tenant Assistance Policy and why does the City have one?
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The Tenant Assistance Policy establishes enhanced standards for accommodating and assisting tenants of multiple family market rental buildings displaced from their homes as a result of major renovation or redevelopment that requires rezoning. The policy is one of a range of policies, strategies, and regulations that support the City's efforts to address the full housing continuum and to support the needs of residents in Burnaby.
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- When did the new policy go into effect?
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Once the policy was approved in principle on Dec. 2, 2019 it became official City policy. The finalized policy was officially adopted by Council on March 9, 2020.
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- How does this policy apply to people who live in buildings that were already undergoing redevelopment (e.g. a rezoning application was in-stream with the City) when the policy was approved in principle?
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The revised policy applies to all rezonings that were in stream at City Hall that had not received Second Reading when the policy was approved in principle, as well as all new rezonings since that time.
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FAQs for Tenants
- I’m unsure of my rights as a tenant. Who can help me navigate the situation and ensure I receive what I am entitled to?
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As part of this process, the applicant (landlord) is required to hire a Tenant Relocation Coordinator. They’re there to answer your questions, and assist you throughout this process. Also, city staff will be monitoring to ensure applicants comply with the policy, and are available to answer your questions at 604-294-7750 or rentersoffice@burnaby.ca.
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- I used to live in a unit that I think was vacant at the time of application. Am I eligible for assistance?
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You may still be eligible for assistance. If it is determined that you were the last person living in the unit, staff would review your particular situation and would take into consideration factors such as the reason for the vacancy, when it occurred, and any benefits you may have already received from your landlord.
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- My landlord applied for rezoning. When do I have to move out?
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A rezoning is a complex process that can take time. A rezoning bylaw must go to Council for review and requires three readings before final adoption. The public will also have an opportunity to provide feedback through a public hearing.
As a result, it is difficult to predict when you will have to move out. Another thing to be aware of is that a rezoning might get approved, but market conditions change. The property owner may decide to wait to start redevelopment, and will continue to rent out units in your building. Once the landlord decides to proceed you will receive a Four Months’ Notice to End Tenancy for Demolition, Renovation, Repair or Conversation of a Rental Unit.
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- I moved out before I received a four month notice to end tenancy. When will I receive compensation?
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You are entitled to start receiving compensation the date all other tenants that are eligible for compensation at the application site move out or they are served with a Four Months’ Notice to End Tenancy for Demolition, Renovation, Repair, or Conversion of a Rental Unit. As there is no guaranteed timeline of how long it will take for the rezoning application to make its way through the City’s approval process and when the property owner will want to begin redevelopment if approved, it is difficult to provide an estimated timeline.
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- I know the building I live in will be demolished. Does my landlord continue to have to do repairs?
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Under the Residential Tenancy Act, both tenants and landlords have an obligation to repair and maintain the rental property. You have a right to live in housing that complies with health, safety, and housing standards required by law and given consideration to the age, character, and location of the property, is suitable for occupation.
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- Does the top up end after 36 months?
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No. The top-up ends the month after the provided move-in date for a replacement rental unit whether or not you decide to accept the right of first refusal. Thirty-six months is used to calculate the value of a lump sum eligible tenants are entitled to receive if they decide to choose that option instead of a rent top-up.
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- What happens if the developer does not give me the top up?
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The landlord has provided a bond to the City, to ensure they follow through with their commitments.
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FAQs for Landlords
- I’m unsure of my responsibilities as an applicant (landlord) in this process. How do I ensure I meet my responsibilities?
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Please contact the current planner who is assigned to your file.
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- Will I have to compensate tenants who have already moved out under this new policy?
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If a tenant relocated and was compensated in accordance with a previous policy, they will only be eligible for the right of first refusal for a replacement rental unit and moving assistance should they accept the offer.
If an eligible tenant relocated and was not compensated in accordance with the previous policy, they are entitled to receive the provisions of the new Tenant Assistance Policy.
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- I have already submitted a tenant assistance plan to the City and it was approved. Will I have to do it again?
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Tenant assistance plans will have to be updated to reflect the City’s amended Tenant Assistance Policy. The City is working on developing a standardized process to ensure clarity and consistency across the Tenant Assistance plans and their evaluation. Your assigned Planner will keep you informed about reporting requirements.
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