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"LANDLORD AND TENANT BOARD"



THE LANDLORD AND TENANT BOARD DOES NOT PROTECT LAND LEASE COMMUNITIES OR MOBILE HOME OWNERS.
READ BELOW!!!

The Number One Reason that "Marineland of Canada Inc." is able to purchase Green Oaks Mobile Home Park approx. 5 years ago and now "Close" the park and "End our Lease Aggreement" offering us $3000 in compensation only "IF" we move our homes is because of what is written in the "Residential Tenancy Act".

We will show you on this page as to why this "law" in our opinion is not fair and needs to be changed.


Quoted from AMHOA

THE PRIMARY ISSUE THAT MUST BE DEALT WITH TO STABILIZE THIS TYPE OF AFFORDABLE HOUSING IS THE LEGAL DEFINITION OF: MANUFACTURED HOME PARKS

Are they:

  1. A Land Speculation Scheme which preys on homeowner/tenants and regards them as merely a financial resource to pay all expenses related to the land and pseudo business until the land appreciates enough to sell.


    2. OR

  2. A legitimate Business of “RENTING LAND FOR HOUSING” wherein homeowner/tenants are treated as equals with the same rights and protections as other home owners.

With parks closing and home owners in danger of losing their homes and their investments in them, this is a question that must be answered and dealt with by the federal, provincial and local governments as it has been neglected for decades by all levels of government.

As an Association working on behalf of manufactured home owners, we have been putting these questions to both levels of government but so far only some of the local governments have taken the limited amount of action that they can to protect this type of affordable housing.

Recognition and thanks must be given to all local governments who have taken steps trying to protect these vulnerable property tax paying home owners who have, in good faith, invested in this type of affordable housing.


The Law


Landlord and Tenant Board
Mobile Home Parks and Land Lease Communities



The Problem with The Law


The biggest problem with the way "The Residential Tenancies Act (the Act)" is written, is at 1 point they describe that there is a difference between a "Mobile Home" and a "Travel Trailer". See Below:

  • A mobile home park may have a mix of dwellings built without wheels or trailers built with wheels on sites that are covered by the Act. The Act may apply whether the site is used permanently or seasonally.
  • A land lease community generally has sites that are rented by tenants who own the home on the site. A land lease home is a permanent structure.

They then go on and claim that the "Act" does not apply to a site that is:

  • intended for use by a person who is travelling or on vacation, or
  • in a resort, tourist camp, campground, or trailer park that is occupied for only a seasonal or temporary period.


A LITTLE CONTRADICTING?


  • In a mobile home park or land lease community, the landlord is required to give a tenant at least one year’s notice of termination for any of these reasons, and may also have to provide compensation to the tenant. If a landlord is required to pay compensation to a tenant, it must be the lesser of one year’s rent or $3,000.


SO THEY REALIZE THAT A "MOBILE HOME" CAN BE A "PERMANENT STRUCTURE", HOWEVER THEY JUST THINK THAT IN 1 YEAR WE CAN UP AND MOVE THEM?????
CAN YOU MOVE YOUR HOME THAT EASY???????



Who Wrote the Law?


Who is it that actually signed this law and passed it? The following is links to the "Landlord and Tenant Board" with a list of current members, "Supreme Court of Canada" and the "Dept of Justice Canada". We are not referring to any of these members as if they had anything to do with the way that this "Landlord and Tenant Act" was written. These members are all "white collar - upper class" citizens who are well educated and have done very well for themselves. They consist of lawyers, doctors, judges and teachers. We are in no way referring to any of them in a negative way. We congratulate all of them.


The questions that we have are:

  1. Do these people "really" and "truly" understand the differences between a "Mobile Home/Modular Home" and a "Travel Trailer"?
  2. Do they know what it is like to live in a "Mobile Home/Modular Home" on a permanent basis?
  3. Do they realize that moving a "Mobile Home/Modular Home" is not the same as "hooking up to your truck and towing it away? These homes are permanent. They are connected to city water, sewers, hydro, TV and phone the same as a house. Try moving your house?
  4. Did they ever think to include actual people whom live in "mobile homes" when it came to signing this law?
  5. Although the sitcom "Trailer Park Boys" was a success, it does tend to stereotype us all. We are all not like the "Trailer Park Boys".












I could be wrong but I'll bet that most of these people when they think of "Mobile Home". They think about the travel trailers that they see on the highways being towed behind a vehicle. They have no idea that a "Mobile Home/Modular Home" is directly hooked up to all city amenities including water, sewer, hydro, gas etc...just like your home is. These homes are set up on a permanent basis and not meant to be re-located.

Ministry of Municipal Affairs and Housing
Minister of Municipal Affairs and Housing


Members of the Board
Landlord and Tenant Board


Supreme Court of Canada
Judges of the Court


Department of Justice Canada
Minister of Justice and Attorney General of Canada



Statistics


I could not find any more recent reports.
The following report was published in August 2001 and based on data from the 1996 Census of Population. At that time they quoted the following:

  • Mobile home or mobile: a single dwelling, designed and constructed to be transported on its own chassis and capable of being moved to a new location on short notice. It may be placed temporarily on a foundation such as blocks, posts or a prepared pad which may be converted by a skirt. If placed on a permanent foundation, it is considered (for census purposes) to be a single detached dwelling.


  • When someone says “home” the word conjures up different meanings for different people. For 380,000 Canadians, home is a mobile.
Statistics Canada - Mobile Home in Canada

Although Statistic Canada claims above "If placed on a permanent foundation, it is considered (for census purposes) to be a single detached dwelling." I did find another stat from their web site:
Statistics Canada




"Mobile Homes" are "Permanent Structures"


Why is it that all other agencies and websites claim that we are "PERMANENT" but yet the
"Landlord and Tenant Board" thinks we can just up and move them??????

City of Niagara Falls - Our own city according to By-law No. 79-200

  • 2.32 "MOBILE HOME" means a dwelling unit that is designed to be made mobile and to be transported, after it has been constructed or manufactured, to a mobile home site to provide a Permanent residence for not more than one family and which is suitable for occupancy as a dwelling unit at the time it is placed on the mobile home site except for minor and incidental unpacking and assembly operations, placement on a mobile home sites and Connection to utilities;
City of Niagara Falls - Definition of Mobile Home"

Canada Revenue Agency

  • However, if the mini-home, park model trailer, travel trailer or motor home is used for residential purposes and is in fact permanently affixed to land in the same manner as a house, that is set on a permanent foundation and not merely placed on the land, it may qualify as a "residential unit" such that the exemption in paragraph 7(a)/Part I/Schedule V may apply.
CRA - Scroll Down to "Decision"


Municipal Property Assessment Corporation (MPAC)

MPAC inspects mobile home parks periodically to ensure the data MPAC has on file is up-to-date and accurate.

A mobile home, available as a single-wide or double-wide unit, is a manufactured single-family dwelling, transported from its initial place of construction to its destination as a permanent or seasonal residence. A mobile home is deemed assessable if the following criteria are met:

  • the unit has a minimum width of 8 feet, 6 inches; or
  • the unit is less than 8 feet, 6 inches wide but has an enclosed structure attached to it such as a sunroom, enclosed porch or garage.

Further indicators that the mobile home is permanent and, therefore, assessable are:

An oversize permit is required for road travel from the Ministry of Transportation because one of the following legal limits have been exceeded:

  • Length exceeds 41 feet;
  • Width exceeds 8 feet, 6 inches;
  • Height exceeds 13 feet, 6 inches; or
  • Weight exceeds 140,000 pounds.
  • The unit has permanent connections for services such as water, electrical and waste disposal.
  • The tongue and/or under carriage have been removed.
  • The unit has been placed on a supporting foundation.
MPAC - Structure Valuation


Natural Resources Canada

  • This includes detached, semi-detached and row houses and low-rise residential buildings of three storeys or less (with a footprint of less than 600 square metres), as well as mobile homes on a permanent foundation.
We are even entitled a grant for ecoENERGY Retrofit


Stats Canada

  • Mobile home or mobile: a single dwelling, designed and constructed to be transported on its own chassis and capable of being moved to a new location on short notice. It may be placed temporarily on a foundation such as blocks, posts or a prepared pad which may be converted by a skirt. If placed on a permanent foundation, it is considered (for census purposes) to be a single detached dwelling.
Stats Canada considers Mobile Home as "permanent" and "single detached dwelling"


Industry Canada


  • These units are portable structures built on a chassis equipped with wheels, but not designed for multiple or continuous movement, and are designed to be connected to sewage and water utilities.
Industry Canada Mobile Homes are "not designed to be moved"


Natural Resources Canada

  • Yes, mobile homes can participate in the ecoENERGY Retrofit – Homes program provided that they are situated on a permanent foundation and that the property tax roll is in the name of the homeowner.
Natural Resources considers us "Permanent"


Conclusion


Unfortunately because of the "Landlord and Tenant Boards" definition of a "Mobile Home" and the fact that they believe it can so easily be transported and moved many Canadians are losing their homes.

Search Google for "Mobile Homes" and you will see that we are not the only ones that are facing these challenges.

All other Government Agencies have determined that their are differences and that "Mobile Homes" are designed to be setup on a "PERMANENT BASIS".

The Residential Tenancy Act has made it easy for Property Owners and Developers to at any moment take our homes right out from under us. There is no better way of saying it then the way that the "Active Manufactured Home Owners Association" has said as quoted at the top of this page:

"A Land Speculation Scheme which preys on homeowner/tenants and regards them as merely a financial resource to pay all expenses related to the land and pseudo business until the land appreciates enough to sell".