NOW THEREFORE BE IT RESOLVED THAT the Alberta Urban Municipalities Association urge the Government of Alberta to amend the Mobile Home Sites Tenancy Act to offer Residential Tenancies Disputes Resolution Services (RTDRS) to mobile home site residents and to prohibit the potential practice of "economic eviction" of residents by defining such targeted rental increases as an offence.
WHEREAS the Mobile Home Sites Tenancy Act sets out the rights and responsibilities that apply to people who own a mobile home and rent the mobile home site from a landlord;
WHEREAS Service Alberta is responsible for the enforcement of the Mobile Homes Sites Tenancy Act and Regulations;
WHEREAS Service Alberta offers binding mediated resolution services only to regular landlord and tenant disputes under the Residential Tenancies Dispute Resolution Service;
WHEREAS the Mobile Home Sites Tenancy Act does not limit or cap rental pad increases;
WHEREAS it is possible that landlords of mobile home parks can target some or all residents by levying pad rental increases so high as to offer no option for the resident but to leave as an "economic eviction" tactic;
WHEREAS mobile home park renters may have limited income and options to move or leave.
The Mobile Home Sites Tenancy Act (MHSTA) sets out the rights and responsibilities that apply to people who own a mobile home and rent the mobile home site from a landlord, including offences and civil litigation items.
Residents of mobile home park sites across Alberta should be afforded the same binding mediation services as offered to other landlord/tenant situations to bring effective and efficient resolution to tenancy issues. The Residential Tenancies Disputes Resolution Services (RTDRS) is a free service offered under regular tenancy/landlord disputes where a tribunal can make decisions and issue a binding order that is filed at court. This service should be offered under the MHSTA also.
Municipalities have the authority under the MHSTA to form an Advisory Board but this Board has no authority to enforce any provisions or bring issues to a resolution and can be very costly.
Many residents of mobile home parks are at higher risk with limited or no ability to move or leave and have no other option but to pursue an action through the courts which is time consuming and costly. "Economic eviction" is a term that is known in the industry as when a landlord will impose a higher than normal rent increase for renters as to force that renter to move out. Targeting of a "trouble" resident through the levying of a higher annual pad rental increase resulting in an "economic eviction" is a tactic that may be used by some landlords. It is not an offence or prohibited under the MHSTA and without such an amendment, vulnerable residents can be evicted while trying to better the park conditions overall.
With regard to residential and mobile home site tenancies, please be assured that Service Alberta will consider AUMA's proposal to expand the reach of the Residential Tenancy Dispute Resolution Service to mobile home site tenants, and to prohibit the practice referred to as "economic eviction".
We value the insight that the AUMA and other stakeholders are sharing with us. Your input will help inform our understanding of the needs and concerns for Alberta.
Feb. 2017 - The province’s response to AUMA’s formal resolution indicates that Service Alberta will consider AUMA's proposal to expand the reach of the Residential Tenancy Dispute Resolution Service to mobile home site tenants, and to prohibit the practice referred to as "economic eviction”. However, there are no details on when a review of the relevant legislation may take place, nor is there a firm commitment to taking action to address the issue. Accordingly, the committee recommends that the Board considers this response until more concrete information can obtained about the province’s intentions and request details on the timing of the legislative changes and the public consultation process.
Jun. 2017 - The province responds there are still no details on when a review of the relevant legislation may take place, but they will provide more information when it is available.
If you are a mobile home site tenant looking for assistance, please visit the Service Alberta webpage, "Consumer Tips - Landlords and Tenants".