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2008 Legislative Session: 4th Session, 38th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

MR. HARRY BAINS

BILL M 206 – 2008

MANUFACTURED HOME PARK TENANCY

AMENDMENT ACT, 2008

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Manufactured Home Park Tenancy Act, 2002

The Manufactured Home Park Tenancy Amendment Act amends sections 42 and 44 of the Manufactured Home Park Tenancy Act by:

requiring that a park owner provide 12 months notice of eviction when redeveloping land under any form of tenancy agreement,

requiring that a park owner, at the time of eviction, pay a tenant 12 months rent, or $10,000, whichever is greater, for relocation expenses,

requiring that a park owner pay those tenants who are unable to relocate their manufactured homes because of local building standards an amount equal to the fair market value of the manufactured home, as compensation.

Section 42 (2) of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by repealing the

section and replacing it with:

(2) A notice to end a tenancy under this

section must end the tenancy effective on a date that is not earlier than 12 months after the date the notice is received and is the day before the day in the month, or in the other period on which the tenancy is based, that rent is payable under the tenancy agreement.

Section 44 (1) of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by repealing the

section and replacing it with:

(1) A landlord who gives a tenant notice to end a tenancy under

section 42 [landlord's use of property] must pay the tenant, on or before the effective date of the notice, an amount that is the greater of

(

a) the equivalent to 12 months' rent under the tenancy agreement or

(b) $10,000.

Section 44 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by adding the following subsection:

(3) In addition to the amount payable under subsection (1), if a landlord has ended a tenancy under notice of

section 42 and the tenant is unable to relocate the manufactured home because

(

a) of building restrictions in that jurisdiction, or

(

b) the manufactured home fails to meet transportation safety standards,

the landlord must pay the tenant an amount that is equivalent to the manufactured home's fair market value, as determined by an independent appraiser.

Explanatory Note

The Manufactured Home Park Tenancy Amendment Act amends sections 42 and 44 of the Manufactured Home Park Tenancy Act by:

requiring that a park owner provide 12 months notice of eviction when redeveloping land under any form of tenancy agreement,

requiring that a park owner, at the time of eviction, pay a tenant 12 months rent, or $10,000, whichever is greater, for relocation expenses,

requiring that a park owner pay those tenants who are unable to relocate their manufactured homes because of local building standards an amount equal to the fair market value of the manufactured home, as compensation.

Copyright (c) 2008: Queen’s Printer, Victoria, British Columbia, Canada