1676 W 11th Ave rezoning application

As outlined in the City’s Tenant Relocation Protection Policy bulletin, applicant paid rent top-ups are to be paid up until either one month following move-in date for any tenants who return to the new building, or for the rental period following issuance of the occupancy permit for the new building for any tenants who are not returning.

While rare, it is not unheard of for projects to be stalled or cancelled due to various factors. If a project were to be stalled or cancelled, next steps would be dealt with on a case-by-case basis as options for tenants will heavily depend on what stage the development is in and the reason for the delay or cancellation. Any response will be guided by the Tenant Relocation Protection Policy (TRPP) objective of protecting tenants.

For example, if a property is sold, the new owner would assume the responsibilities of the TRPP and staff would work with both the old and new owner on this transition. If an application is withdrawn then tenants may be able to move back to their old unit. If the building has already been demolished then the focus would be on providing assistance to the tenant to find permanent alternate accommodation based on their priorities and needs.

A major factor in mitigating against the risk of tenants’ rent top-ups being impacted by project delays and cancellations is the time when they move out of the project; the later in the process the more certainty there is that a project will proceed. Because of this, staff are currently working to clarify the timing of when a tenant may move out and begin receiving a rent top-up. An update to the Tenant Relocation and Protection Bulletin on this topic is targeted for June 2023.

As we do not yet have data/case studies where this has happened in the Broadway Plan (BWP) area, the City will continue to monitor implementation of the Broadway Plan enhanced TRPP to see if cases such as these merit further policy work. The BWP will be reviewed periodically to assess progress toward policy objectives with the ability to adjust the TRP policy through those processes should the need arise.

This proposed project is in the very early stages of the redevelopment process and still needs to be approved by City Council in order to move forward. If the project does proceed, it is estimated that tenants would not be required to relocate into interim housing until approximately two years from now, although timelines are subject to change and permit approval timing. Construction of the proposed building would likely take approximately two to three years, also subject to change. Tenants who have resided in the building for at least one year prior to the application date are eligible for supports in accordance with the City’s tenant relocation and protection policy and tenant policies specific to the Broadway Plan area. The applicant (with support from the project’s tenant relocation coordinator) is required to work with eligible tenants, if requested, to provide interim housing options to help support the transition while the site is under development. If a tenant requests assistance from the applicant in seeking interim housing, the applicant must provide rent top-up which is the difference between the tenant’s existing rent and the rent for the new unit. If the tenant opts to find interim housing themselves, the applicant must provide rent top-up which is the difference between the tenant’s existing rent and up to a maximum of CMHC (Canada Mortgage and Housing Corporation) average rent by unit type for new market rental (built in 2015 or later). This upper threshold for the rent top up was established to provide as many options for interim housing as possible for tenants. The City’s Tenant Relocation and Protection Policy and tenant policies under the Broadway Plan would continue to apply if the property were to transfer to a new owner. If this were to occur, the new owner would be required to adhere to the policy requirements for tenant relocation support and compensation. The applicant can choose to withdraw their application to rezone the property at any time. If you have any further questions regarding tenant protections, please contact the City’s Tenant Relocation and Protection Policy staff at trp@vancouver.ca.

As per the Broadway Plan tenant relocation protection policy (TRPP), returning tenants will be offered a unit appropriate to their household size as defined by the CMHC National Occupancy Standard (NOS), which will be determined up until Development Permit for the project. These are the units which will be offered to tenants at the lesser of their existing rent or 20% below CMHC average city-wide market rents. Tenants may choose to rent a unit that is larger than as defined by the NOS, however, this would not be at the reduced rent. The City’s Tenant Relocation and Protection Policy and tenant policies under the Broadway Plan would continue to apply if the property were to transfer to a new owner. If this were to occur, the new owner would be required to adhere to the policy requirements for tenant relocation support and compensation.

Once feedback from the community has been compiled and city staff have performed their review, a Public Hearing will be scheduled and City Council will make their decision regarding the rezoning. The Public hearing is typically scheduled about a year from when the rezoning application is received and is posted in advance on the ‘Shape your city-website’. The outcome of the Public Hearing is posted on City Council’s website in the meeting minutes: https://covapp.vancouver.ca/councilMeetingPublic/CouncilMeetings.aspx 

City staff are available to answer questions and hear the feedback from the community. If you would like to speak with the Rezoning Planner for this project, please contact Oskar Eriksson, Tel. 604.829.9270, or feel free to provide written feedback via the comment form.

Response from the applicant:

"Our building is 60 years old and we have owned it for 33 years, providing very reasonable rents to Vancouver residents.  Since there is a shortage in housing, instead of renovating the building with just 31 units, we would like to have it rebuilt (either by ourselves or by other developers), having 160 or more units, providing a much needed housing for Vancouver.  The building is listed to investigate the second possibility."

Thank you for your questions. If an eligible tenant requests assistance seeking interim housing from the applicant, the applicant is required to provide at least three housing options for the tenant’s consideration that best meet tenants’ needs; these could include budget preference, neighbourhood, unit size and other specific criteria. If housing cannot be found that meets all the criteria identified by the tenant, the tenant and landlord would be expected to work together to identify the tenant’s priorities, and if their current neighbourhood is a higher priority, other options may have to be reconsidered. Tenants also have the option to find their own interim housing if they prefer. 

The City’s Tenant Relocation and Protection Policy and tenant policies under the Broadway Plan would continue to apply if the property were to transfer to a new owner. If this were to occur, the new owner would be required to adhere to the policy requirements for tenant relocation support and compensation, including right of first refusal to return to the new building at the lesser of existing rents or 20% discount to CMHC average City-wide rents plus annual allowable RTA increases. As a condition of project approval, a covenant will be registered on the property securing the applicant’s obligations to meet the tenant relocation policy requirements. In accordance with the covenant, holds will be placed on the applicant’s permits, including the occupancy permit for their project, until records are provided to the City confirming the requirements, including payment of rent top-ups and provision of right of first refusal, have been met. If you have any further questions regarding tenant protections, please contact the City’s Tenant Relocation and Protection Policy staff at trp@vancouver.ca.

As per the Broadway Plan tenant relocation protection policy (TRPP), returning tenants will be offered a unit appropriate to their household size as defined by the National Occupancy Standard | CMHC (cmhc-schl.gc.ca) , which will be determined up until Development Permit for the project. These are the units which will be offered to tenants at the lesser of their existing rent or 20% below CMHC average city-wide market rents. Tenants may choose to rent a unit that is larger than as defined by the NOS, however, this would not be at the reduced rent. One exception to the NOS is that a tenant household consisting of 1 individual living alone who currently occupies a one-bedroom unit or larger should be offered the option of a one-bedroom or studio unit. 

It sounds like you are referring to the rent top-up compensation available to tenants during the interim housing period while the property is under development. If a tenant requests assistance from the applicant in seeking interim housing, the applicant must provide rent top-up which is the difference between the tenant’s existing rent and the rent for the new unit. If the tenant opts to find interim housing themselves, the applicant must provide rent top-up which is the difference between the tenant’s existing rent and up to a maximum of CMHC average rent by unit type for new market rental (built in 2015 or later). This upper threshold for the rent top up was established to provide as many options for interim housing as possible for tenants. Tenants will also be offered the right of first refusal to return to the new building once complete, and these units will be offered to tenants at the lesser of their existing rent or 20% below CMHC average city-wide market rents (which is lower than the average rents for newer units used for the rent top up calculations). Further details on the policy compensation requirements can be found in the Tenant Relocation Protection Policy Bulletin.

Thank you for your questions. If an eligible tenant requests assistance seeking interim housing from the applicant, the applicant is required to provide at least three housing options for the tenant’s consideration that best meet tenants’ needs; these could include budget preference, neighbourhood, unit size and other specific criteria. If housing cannot be found that meets all the criteria identified by the tenant, the tenant and landlord would be expected to work together to identify the tenant’s priorities, and if their current neighbourhood is a higher priority, other options may have to be reconsidered. Tenants also have the option to find their own interim housing if they prefer. As you have noted, tenants are eligible to receive a temporary rent top up from the applicant (if they choose this form of compensation) which is intended to provide financial support during this interim housing period to help tenants to find a unit that meets their needs within their preferred neighbourhood. As outlined in the City’s Tenant Relocation Protection Policy bulletin, applicant paid rent top-ups are to be paid up until either one month following move-in date for any tenants who return to the new building, or for the rental period following issuance of the occupancy permit for the new building for any tenants who are not returning. As a condition of project approval, a covenant will be registered on the property securing the applicant’s obligations to meet the tenant relocation policy requirements including top-up payments. In accordance with the covenant, holds will be placed on the applicant’s permits, including the occupancy permit for their project, until records are provided to the City confirming the requirements have been met. If you have any further questions regarding tenant protections, please contact the City’s Tenant Relocation and Protection Policy staff at trp@vancouver.ca.

The below-market units will have starting rents based on a 20 per cent discount to city-wide average market rents by unit type as published by CMHC at the time of building occupancy.

Construction and waste collection activities are subject to the Noise Control Bylaw.

Construction on private property must be carried out between 7:30am and 8pm on any weekday that is not a holiday, and between 10am to 8pm on any Saturday that is not a holiday. Construction is not permitted on Sundays.  Street construction must be carried out between 7am and 8pm on any weekday or Saturday, and between 10am and 8pm on any Sunday or holiday.  There are some circumstances where a variance to construction times may be permitted. This usually occurs when major construction activities are taking place (Crane installs, large deliveries) and extra time is needed for equipment setup/takedown and safety precautions to be implemented. These allowances are typically accepted on weekends to reduce impacts to the community by enabling the work to be condensed to a day or two as opposed to multiple days mid week. reduce impacts to the community.

The collection of refuse must only occur: outside the downtown area from 7am to 8pm on any weekday, or from 10am to 8pm on any Saturday, Sunday, or holiday; or, within the downtown area from 6am to midnight on any weekday, or from 10am to midnight on any Saturday, Sunday, or holiday.

Thank you for your questions. This proposed project is in the very early stages of the redevelopment process and still needs to be approved by Council in order to move forward. If the project does proceed, it is estimated that tenants would not be required to relocate into interim housing until approximately two years from now, although timelines are subject to change and permit approval timing. Construction of the proposed building would likely take approximately two to three years, also subject to change. Tenants who have resided in the building for at least one year prior to the application date are eligible for supports in accordance with the City’s tenant relocation and protection policy and tenant policies specific to the Broadway Plan area. The applicant (with support from the project’s tenant relocation coordinator) is required to work with eligible tenants, if requested, to provide interim housing options to help support the transition while the site is under development. Eligible tenants will also have the first right of refusal to return to the new building at the lesser of their current rents (plus annual allowable increases per the Residential Tenancy Act), or 20% below CMHC City-wide average rents at the time of building occupancy. Units in the building may not be the same size as units in the existing building and further details on the new building will be made available as the project moves forward. If you have any further questions regarding tenant protections, please contact the City’s Tenant Relocation and Protection Policy staff at trp@vancouver.ca.