B.C. co-op must pay damages for not using subsidy reserve to help resident

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Roberta Marshman claimed she had lost $17,560 in subsidies because she had not be enrolled by the Lavender Housing Cooperative.

B.C.’s Civil Resolution Tribunal has ordered a housing co-op to pay $5,000 in damages to a woman who claimed the co-op failed to enrol her for housing subsidies.

“She did not receive the subsidy until March 1, 2023,” Regehr said in his March 13 decision. Marshman asked for a tribunal order that she be reimbursed in full for the subsidy she should have received between September 2020 and March 2023. He said Marshman had received a subsidy for many years but that ended when a roommate moved in, in 2017.

“Given this lack of supporting evidence, I accept the co-op’s evidence that the Feb. 4, 2021, letter was the first time it invited members to apply for the new subsidy program,” he said.On March 18, 2021, the co-op wrote to Marshman that CMHC had not increased the number of subsidized units in the co-op, so she would have to keep paying market rates.

The co-op says that in 2023, the federal government invited co-ops to apply for additional funds if needed. The co-op did so, and this time obtained a subsidy for Marshman. It started March 1, 2023. Regehr said the co-op’s submissions were brief and unclear. He said documents were undated and that an email for additional subsidies between the manager and CMHC didn’t mention Marshman.

 

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