Long-term RV dwellers in parks and campgrounds have tenancy rights, B.C. says in updated guidelines

The province has updated its housing guidelines to clarify that recreational vehicles can count as permanent homes in an RV park or campground — and therefore those who live in them may be protected by provincial tenancy laws. 

The guidelines were last revised in 2004. Paul Lagace, a poverty advocate who often works with people who live in RV parks, says the updates were long overdue. 

Lagace says far more people live in RVs as a permanent home today than they did 16 years ago, mostly because of the rising cost of rent and an ongoing housing crisis throughout the province.

"A lot of these folks are seniors. This is their retirement plan. They have a little bit of savings but they don't have a lot," Lagace said over the phone from Prince Rupert, where he works at the Unemployed Action Centre.

"They're really scared."

The B.C. Housing Ministry released the latest version of the guidelines for the Manufactured Home Park Tenancy Act on its website this month. The province says its guidelines are updated regularly.

B.C.'s tenancy laws protect renters from being evicted at a moment's notice and from rent increases beyond the provincial maximum. 

Many RV dwellers say they're unsure of their tenancy status and their rights. They fear speaking against their landlords because many RV parks are full, and if they're told to leave they'd have nowhere else to go.

Conflicting rules 

The province says the tenancy rules may also apply when there is no tenancy agreement in place. 

The new guidelines also specify that a legal tenancy may be in place even if the landlord doesn't comply with local property zoning — as is the case at RV parks and campgrounds in Surrey, where bylaws prohibit stays longer than six months. 

However, it's not clear how the law applies at places like the Peace Arch RV Park in Surrey, which in the past has argued that its long-term residents cannot be tenants because of the city's six-month prohibition. 

If Peace Arch allows its long-term residents to stay, it risks contravening city bylaws — although the city has repeatedly said it doesn't intend to enforce the six-month rule. But if Peace Arch tells its residents to leave, it risks disobeying the province's tenancy laws. Either way, the RV park owners could face thousands of dollars in fines.  

The City of Surrey, which owns and operates its own RV park where it is slowly trying to phase out long-term tenants, says it's still reviewing the new guidelines. The British Columbia Lodging and Campgrounds Association said the same.

Peace Arch RV park didn't respond to requests for comment.

Conflicting decisions

Recently, the B.C. Residential Tenancy Branch sided with two long-term residents at the Peace Arch RV Park and decided that they are tenants and therefore protected by B.C. laws.

However, earlier this year another group of tenants at Peace Arch didn't fare as well — the arbitrator concluded that the residents were not tenants, and had no rights. 

But Lagace says the new guidelines make it clearer that the emphasis should be on whether the RV is used as a permanent home and is clearly established as such in an RV park. 

The province also clarified that tenants who live in RVs are protected by recent measures put in place for renters during the COVID-19 pandemic.