"LANDLORD AND TENANT BOARD"
THE LANDLORD AND TENANT BOARD DOES NOT PROTECT LAND LEASE COMMUNITIES OR MOBILE HOME OWNERS.
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.
THE PRIMARY ISSUE THAT MUST BE DEALT WITH TO STABILIZE THIS TYPE OF AFFORDABLE HOUSING IS THE LEGAL DEFINITION OF: MANUFACTURED HOME PARKS
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.
Landlord and Tenant Board
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:
They then go on and claim that the "Act" does not apply to a site that is:
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.
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
Members of the Board
Supreme Court of Canada
Department of Justice Canada
I could not find any more recent reports.
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:
"Mobile Homes" are "Permanent Structures"
Why is it that all other agencies and websites claim that we are "PERMANENT" but yet the
City of Niagara Falls - Our own city according to By-law No. 79-200
Canada Revenue Agency
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:
An oversize permit is required for road travel from the Ministry of Transportation because one of the following legal limits have been exceeded:
Natural Resources Canada
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: