Property owners are taking the British Columbia government to court over short-term rental policies

A handful of members of a group of property owners from across British Columbia known as the West Coast Property Owners Association gathered Monday in the Supreme Court of British Columbia in Victoria during a break in the court hearing.

The group is filing petitions in court proceedings it has brought against the provincial government. They are upset because they were legally operating short-term rentals – until the NDP’s new short-term rental regulations came into force last month.

“I wouldn’t have paid $200,000 more to own this property if I had known my rights would be taken away,” said Cynthia Werbik, a Victoria resident who is one of 400 petitioners in the case.

The petitioners come from across British Columbia and include people who have purchased developments in buildings – such as the Janion in Victoria – where apartments have been transferred into ownership, allowing Airbnbs to operate. That all changed on May 1, when in many BC communities, short-term rentals became only allowed at a primary residence.

“When I bought this property, I worked three waitressing jobs and three bartending jobs to be able to afford this property,” Werbik said Monday.

The group wants the court to strike down parts of the new law so they can continue their operations or be compensated for their losses.

“To question this act and find out whether it is unjust, whether it is an excessive government action and a denial of citizens’ rights,” explained the group’s spokesman Orion Rodgers.

The petitioners’ lawyer, John Alexander, said the group hopes for clarity from the courts. “I expect a declaration that the new regulations do not, in fact, take away existing rights – grandfathered rights – for existing operators to operate in British Columbia,” Alexander said outside the courthouse on Monday.

Asked about the court vase on Monday, Prime Minister David Eby maintained that the houses were only for living and not for investment.

“Because we don’t have enough homes right now for people to be able to speculate in the housing market and convert long-term rentals into short-term rentals,” Eby said.

Werbik and the other petitioners acknowledge that more housing needs to be built, but say changing the rules halfway is unfair to their profits.

“I wouldn’t work long hours to be able to afford a property in a non-compliant building,” she said.

Premier Eby said the bottom line for the province is that the province’s prosperity depends on people being able to find affordable housing for themselves and their families. “Without this, the province cannot succeed,” he added.

We will find out soon who will win in this court case. It was planned to last five days and end on Friday.