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Age Restrictions on Apartments/Condos/Townhouses...

Kelowna and Joe Rich topics.

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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby chronicfisherman » Jul 18th, 2010, 6:51 am

Captain Awesome wrote:
Andrew-BC wrote:We've been dealing with several property management groups and realtors, Associated Property Management, and Remax Realtors have both denied us, and openly admitted it was because of the child. They stated that the condo strata had a by-law not allowing anyone under the age of 25 (for one) and 19 for another to live in the building.


Hmmmm....I wonder how strata laws tie into it. Did they only have one place available? They usually have dozens.



I currently live in one of these strata complexes and can give you a bit more information, I am an owner in a fairly renowned downtown Kelowna condominium building. What they have told you is a clear violation of the human rights code, the only way a strata law will come into play is if you and your wife purchase a place, it is against the law for any rental discrimination based on age - I just had this discussion with a lawyer with a big law firm in Kelowna with a nice 'roof top' garden if you get me. Either way I would find a place to rent and then file formal complaints against the agencies, their ignorance will at least get one or two agents fired which will hopefully prevent this sort of reckless discrimination from happening to other soon-to-be parents. Congrats by the way, it's a real joy a new baby - My wife just gave birth to my beautiful daughter 3 months ago, pretty freaking amazing :sunshine: until she / he decides to fill their diaper with poo up to their shoulders.... :runforlife:
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby kgcayenne » Jul 18th, 2010, 7:33 am

Back when the vacancy rate was basically nil, I had difficulty finding a place to rent and wound up buying a townhome. Today, the rental availability is a much different story. Could it be something in the way you are telling a potential landlord that you are expecting? It may be something that you don't even know you are doing. I'd rather someone like you rent in our townhouse complex than some of the ones we've had in the past. What's your budget like? PM me and I can give you the name & e-mail of a property manager for one of the rentals here, family friendly townhouses.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby Otter » Jul 18th, 2010, 11:42 am

Unfortunately it’s always been thus. Apartment buildings don’t want kids, most landlords who own houses don’t want kids, and very few condos seem to want families at all.

Landlords would far rather rent to college kids or drug dealers than a family with a child or two. Because, you know, children are so noisy and destructive and adults aren’t. And, who knows, maybe the college kids will invite the owner over to one of their all-night keggers. :discodance:
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby member » Jul 18th, 2010, 2:55 pm

Kirsttyn wrote:I'm not sure if I believe that...that does not seem right. I am a 21yr old single mother of an almost 2 yr old child. I have never once had a problem renting a place, nor have I been asked for proof of income of any sort. I have lived in the Aria Condos as well as Mira Vista Condos. Both very nice places. We have gone through Coldwell Banker Reality and have never had a problem once with being turned away. I find it hard to believe a complete family with a child on the way would be turned away, they would most likely look at you as a family ready to settle down unless apperance and income were on a different basis. I thought being a single young mother would pose a problem for myself but I havent had a glitch once. If you both have solid incomes there really should be no problem. Contact Remax or Coldwell they'll work with you to find a place thats suitable to your needs and affortability.




I agree with you as I was in the same boat at one time. Never had an issue with Coldwell.
You will probably have more luck finding a condo than a suite. Even my old tenants found a 2 bedroom while pregnant no problem a couple months ago. Good luck on your search, you will find something.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby quietlywatching84 » Jul 18th, 2010, 9:34 pm

This is really a sad case with the baby and all.

I remember looking for a place back in the boom and seeing "female only'" all over the place and that really grinds my gears.

I find it immensely ignorant but I know for a fact bad characters of the female variety are just as plentiful as their male counterparts.

Perhaps when landlords break the law and discriminate in the paper they should try and stereotype in a method that will actually ensure them better renters.

Also, can the Tenancy Office not hire some college student to skim every classified in the province and contact these people. The blatant violations of this principle is right in print and I think it is a dis-service to make people who already are in a race to find a home now also have to play policeman and report all these violations.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby kgcayenne » Jul 18th, 2010, 10:53 pm

FYI, if you were looking for shared accommodation, it is well within the law to specify a gender if kitchen and bathrooms are being shared. However, that applies only if the home is owner occupied.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby quietlywatching84 » Jul 18th, 2010, 11:24 pm

Note taken, but not applicable to what I was looking for.

Personally, I never called those places in the paper because I don't want to spend my earned dollars at those kinds of places. I'd personally rather flush it down the toilet.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby kgcayenne » Jul 18th, 2010, 11:38 pm

The shared accommodation thing isn't for everyone. Which paper were you looking in? Most classifieds will not allow gender-specific ads, and will change the ad.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby omisimaw » Jul 19th, 2010, 12:18 pm

Andrew-BC wrote:Hey all, first post here on the Castanet forums, and unfortunately it's out of frustration that I've come by to voice my opinion.

Myself and my girlfriend are expecting our first child next month, and as such we need to get into a bigger place, currently in a 1 bedroom and looking to find a reasonably priced 2 bedroom apartment, condo, or townhome. There's been a fair number of places available, and we've been to see about a half dozen or so. However atleast 4 of the 6 places that we've been interested in renting have denied us on the basis of age restriction because of our unborn son.

From what we've researched on the internet, and what even one other landlord told us, it's illegal for them to turn us away based on us having a child on the way, the only lawful use of age restriction is the 55+.

We're getting down to the wire, as our notice is given at our current residence (had to give our 1 month notice), and it's getting really frustrating being turned away for something that we're pretty sure is illegal. Just curious if anyone else has had this problem, or has any insight for us as to the legality of it all.

Cheers,
Andrew

What do you consider reasonably priced?
What area are you looking for?
What was wrong with the 2 that did not turn you away?
Are you actively employed?
What ages are the mother and father to be?
How long have you been in the 1 bedroom?
What references do you have?
Why did you give notice before you had a place to go to?
What is wrong with a 1 bedroom with a baby?
As a manager of properties I think there is more to this story/plea/venting than meets the eye but it is amazing how many shoot themselves in the foot by giving up their rental place before they have secured a new place. Russian roulette for sure...
I have had no problem letting someone go with less than 30 days notice if they find a place and another tenant comes along to fill the void they are leaving. In this market there is not as much a problem filling vacancies so maybe you might want to reconnect with your current landlord to try and work something out before you have no where to go, or worse yet take a place you do not want only to be on the move again in a month or two.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby Andrew-BC » Jul 19th, 2010, 5:01 pm

What do you consider reasonably priced?

We're looking for either a 2 bedroom apartment for $1000 or less. Or a 2 bedroom condo that includes a workout room or gym, and/or a pool for $1200 or less.

What area are you looking for?

Basically anywhere in Kelowna, excluding the west-side. I work near the mall, so most residential areas are within a reasonable distance for me.

What was wrong with the 2 that did not turn you away?

The other 2 who turned us away had nothing wrong with them, they just did not provide us with a reason for not choosing our application. The 4 that I mention all chalked it up to not wanting children in the building.

Are you actively employed?

I am actively employed, and have always been so, for the last 11 years. I'm currently working 2 full time jobs (one being seasonal) just to give us a more comfortable transition into the world of babies! My non seasonal job is full-time, 40 hours a week, I have 4+ years at this particular company, and have over 10 years experience in the industry.

What ages are the mother and father to be?

I am 27, she is 30.

How long have you been in the 1 bedroom?

For 4 years. Never missed a rental payment, never been late on a rental payment. Never had any complaints from other tenants or any issues with our current landlord.

What references do you have?

I have my current landlord of 4 years, and both GMs for each of my jobs as my references. All have told me they are willing to provide shining references in each aspect.

Why did you give notice before you had a place to go to?

I suppose this is where my biggest mistake may have been made. I'm the type of person that doesn't want to cause any trouble for anyone, I know that giving 1 months notice is both in my tenant agreement, as well as a courtesy to my current landlord, so I did just that. Not realizing that I would have anywhere near this kind of trouble finding a place to rent. I'm shocked that we haven't been accepted somewhere yet, given the credentials I listed above, I consider myself to be a very safe, and reliable tenant. It may come down to me contacting my current landlord and explaining the situation, however I would much rather find a place we like and move out by the end of the month just as I've already explained to him, so as not to make anything more difficult on his end. Time's running out though.

What is wrong with a 1 bedroom with a baby?

A 1 bedroom could certainly work, however the one we're in now is pretty limited on space. We have no room for the crib and change table, baby toys, dresser, stroller, car seats, and all the other wonderful things that come with our little bundle of joy. If we were to find a more spacious one bedroom, perhaps, but we can afford a 2 bedroom and having that much more space would make our lives more comfortable.

As a manager of properties I think there is more to this story/plea/venting than meets the eye but it is amazing how many shoot themselves in the foot by giving up their rental place before they have secured a new place. Russian roulette for sure...
I have had no problem letting someone go with less than 30 days notice if they find a place and another tenant comes along to fill the void they are leaving. In this market there is not as much a problem filling vacancies so maybe you might want to reconnect with your current landlord to try and work something out before you have no where to go, or worse yet take a place you do not want only to be on the move again in a month or two.


There isn't much more to this story than what I've said above, perhaps there's something I don't know about the application process that doesn't make us very good tenants, but if that's the case, I'd really love one of the managers to tell us the real reason we're being turned down so we can fix that problem and get into a nice condo/apt.

That's great that you've had no problems letting people go with less than 30 days notice, and as stated above, I may discuss that with my Landlord, however I was trying to be professional and courteous in this transition, to make it as easy for him as possible, and didn't foresee the issues that have arised since.

I appreciate your input, the search continues.

Thanks all,
Andrew
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby omisimaw » Jul 19th, 2010, 5:08 pm

Thank you for your candid response. If I had anything available I would surely love to meet with you but in the interim the best I can offer is to point some others to your post and also point out that there are some good mobile homes (some on Lakeshore) that would fit your needs... not walking distance to Dilworth and Harvey area but a bike would get you there... if transportation is an issue that is.
If I hear of anything I will PM you. Good luck and congrats on the new addition to be...
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby 36Drew » Jul 19th, 2010, 9:44 pm

crazyoleme wrote:
Why did you give notice before you had a place to go to?




As a property manager, then, you already know that this is a huge catch-22. There is nobody with available accommodation that is willing to wait for your 1-month notice period with your current landlord. Therefore you either give your notice early and hope you find a place to rent, pay rent for two places for a single month (overlap with notice period), or skip rent with somebody (obviously a bad idea).
I'd like to change your mind, but I don't have a fresh diaper.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby omisimaw » Jul 20th, 2010, 9:12 am

Not a property manager as in handling others properties ... revenue property owner / landlord. Your statement is to general when you say no one is willing to wait. Not quite true as I have waited to get the perfect long term tenant lots of times over the years. It is a business and yes I would like to be a fully occupancy all the time however this just is not always the case. I have taken deposits, partial month rents as holds and worked with tenants coming and going to ease their transition, especially in single parent situations or low income disability cases.
If the OP has been a stellar tenant for 4 years I am sure the landlord would be open to discuss the situation. The OP said they thought they were being professional in their approach but the one part of the professional business approach that has not been investigated is the contact with the current landlord. It just might ease their time crunch if the place they are in has not been leased out yet.
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby quietlywatching84 » Jul 20th, 2010, 9:48 am

Which paper were you looking in? Most classifieds will not allow gender-specific ads, and will change the ad.


One of the Kelowna's two prints or maybe even on here (castanet). This could have been anytime in the past 10 years as well.

I was actually cruising the castanet ads the other day and noticed that the folks here are trying to deal with this issue as well.

Similar to the rental issue, castanet has this at the top of the employment classifieds:

Employers please note that as per the Human Rights Code:

Discrimination in employment advertisements

A person must not publish or cause to be published an advertisement in connection with employment or prospective employment that expresses a limitation, specification or preference as to race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age unless the limitation, specification or preference is based on a bona fide occupational requirement.


Good on castanet for doing that!
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Re: Age Restrictions on Apartments/Condos/Townhouses...

Postby Advocate » Jul 20th, 2010, 10:44 am

Tenancy
Generally, landlords cannot deny someone the
right to occupy space as a tenant because of
age. Landlords cannot evict tenants because
of their age or use age as a term or condition
of a tenancy agreement. It is discriminatory
to refuse to rent an apartment to someone
in their 20s, for example, because of the
stereotype that younger people are noisy.
Situations where age distinctions are allowed
in tenancy:
ƒƒWith some exceptions, landlords can restrict
rentals to persons 55 and over in seniors’
buildings.
ƒƒLandlords can restrict rentals in a rental unit or
house where the person renting will share the use
of sleeping, bathroom or cooking facilities with
the landlord.
Note: The Code does not protect against age
discrimination when someone buys property.


http://www.ag.gov.bc.ca/human-rights-pr ... nation.pdf

They stated that the condo strata had a by-law not allowing anyone under the age of 25 (for one) and 19 for another to live in the building.
Obviously, they cannot do this within the laws - The Residential Tenancy Act, and the Human Rights Tribunal.
Any 'bylaw that is not in alighnment with the law is subordinated by the law.
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