RV park residents in Surrey win tenancy battle

A couple living at an RV park in Surrey, B.C., has won a long-fought battle to be recognized as tenants so they could be protected by provincial laws and avoid being evicted at a moment's notice. 

The Residential Tenancy Branch, which governs the rights and responsibilities of tenant-landlord agreements in the province, recently ruled that Greg and Karona Doubroff fit the legal definition of tenants at the Peace Arch RV Park, where they have lived since 2011.  

"We literally jumped up and down, thanking God," Karona Doubroff said. 

The 18-page decision examines the myriad details of the Doubroffs' arrangement with the park, including whether they paid GST on their monthly rent or had a frost-free water hook-up. Those types of details can differentiate between a tenancy and a licensing agreement, according to provincial laws. 

Paul Lagace, a poverty law advocate based in Prince Rupert who represented the Doubroffs, says the ruling is an important milestone for the increasing number of low-income people who use RV parks and campgrounds for permanent housing. 

Lagace says despite the temporary nature of RVs and fifth-wheels, those who use them for accommodation deserve the same rights as those living in other types of homes. 

"It's a huge victory bringing clarity on a muddy subject," Lagace said. 

CBC News reached out to the Peace Arch RV Park for comment but has not yet received a response. 

Hundreds nearly evicted

Last fall, the park's owners posted an eviction notice for the Doubroffs and hundreds of other residents, citing a Surrey bylaw that prohibits stays longer than six months at tourist accommodations like camping sites and RV parks. Some of the residents, many of them elderly, have lived there for nearly two decades. 

City officials said they had no intention of enforcing the bylaw, but Peace Arch said through its lawyer that it wasn't worth the risk of facing fines of up to $500 per day. The park later rescinded the eviction order. 

At the heart of the dispute was the question of whether those who live permanently at Peace Arch RV Park count as tenants under the province's Manufactured Home Tenancy Act — a designation that confers rights and responsibilities for tenants and landlords alike. The park argued the residents didn't meet that definition, and thus could be evicted at a moment's notice. 

The Residential Tenancy Branch had previously ruled in the park's favour when 16 self-represented residents similarly argued they should be designated as tenants. 

But the Doubroffs, emboldened by their two previous wins against the Peace Arch RV Park at the Residential Tenancy Branch, decided to fight their own battle.    

'Can't have their cake and eat it too'

Lagace says many RV parks were never intended to become long-term homes.

Nonetheless, Lagace says, many have special arrangements for permanent residents who can't afford to live anywhere else. Those residents bolster the parks' incomes in winter when there are fewer tourists.

But Lagace says it's not fair of them to take in long-term residents and not offer them any rights or security. 

"RV park owners can't have their cake and eat it too," he said.  

Lagace says the Doubroffs' case is a sign that RV parks can't take the rights of long-term residents for granted. 

Do you own or live in an RV park and want to share your story? Contact Maryse Zeidler at maryse.zeidler@cbc.ca