NORTH BATTLEFORD - A tenant of Valleyview Towers II in North Battleford has won a claim against the Battlefords Housing Authority after a hearing by the Office of Residential Tenancies Wednesday. The claim included allegations of sexual assault and harassment by a fellow tenant.
In a written judgment issued Thursday, Hearing Officer Gordon Mayer awarded the claimant a refund of 40 per cent of the rent paid over two years. The Housing Authority was given 30 days to make the payment or to appeal, but they can only appeal on a question of law or jurisdiction.
The claim asked for a variety of items in addition to rent rebate, however the hearing officer declined to address those, saying in his judgment he did not have the jurisdiction to make those kinds of orders.
He also declined to make any award on an issue of second-hand smoke.
He was firm, however in his ruling that “the terror and trauma that the tenant endured during two of the years of her tenancy does constitute a breach to her right to quiet enjoyment.”
The term “quiet enjoyment” is one of the guarantees of her lease and the “terror and trauma” he referred to was a year-long period during which the claimant was subjected to physical and verbal sexual assault and harassment by a fellow tenant, despite having reported the events to the Housing Authority.
While Mayor did not agree the board had done “nothing,” as witnesses said, since the Housing Authority had apparently talked to the offending tenant and threatened eviction, but he pointed out he was not in fact evicted until January of 2021.
Mayor wrote, in his list of Arguments, Evident and Finding, that:
“(7) I was very impressed with the tenant and the manner in which she gave her evidence. The tenant indicated that when she moved into her unit the building was occupied by seniors. This changed in the spring of 2019 when units were rented to a cross section of persons who require assisted housing.
“(8) Not only did the clientele change but also did the behaviour of those who rented units – especially on the floor where the tenant lived.
“(9) The tenant says that the primary culprits for the disruption that was occurring on her floor was persons living in suites [that were] the home of numerous parties, loud noises, excessive drinking, drug use and [fighting] that would last into the evenings hours. Persons would be let into the building late at night. No concern was given by the tenants in these units or to those admitted to practice the precautions that were recommended to be taken during this time of the pandemic.
“(10) The tenant also shared her personal experiences where one of the tenants on her floor personally harassed her – mentally and physically day and night – to the point that she no longer took the elevator on the oft chance that this tenant would also be in the elevator – the result being that this senior had to traverse five flights of stairs to leave or enter her home. The tenant expressed that this terrorization had a significant and long-lasting effect.
“(11) Another tenant who lived on the 5th floor also testified to the state of affairs on the fifth floor and confirmed that it was a dangerous floor to have a rental unit given the age of the tenants on that floor.”
Thursday's judgment comes less than three months after a judgment awarded to another tenant for a claim against the Housing Authority for second-hand smoke. The claimant suffers from chronic obstructive pulmonary disease. In a decision released June 16, hearing officer Steve Connelly ordered BHA to pay damages in the amount of two-thirds of the rent paid over an 11-month tenancy.
Shortly after, a letter was sent to Premier Scott Moe and others in government outlining complaints directed against the Battlefords Housing Authority about their failure to address second-hand smoke at the facility. Also attached were letters of support from three tenants corroborating the concerns about second-hand smoke in the building.
In the letter dated June 11, Valleyview Tower II tenant Darryl Mills also expressed concerns about the response from BHA management in the immediate aftermath of the second-hand smoke filing.
Mills alleged that several days after filing the ORT claim, “all of the chairs were removed from the large non-smoking patio area in front of the main entrance. This left no shaded area anywhere on the property for non-smokers to sit, visit and get out of the sun.”
Battlefords Housing Authority has seen its share of controversy in the last several years over the living conditions at Valleyview Towers II, with widespread reports of crime, disorderly conduct, smoking and other issues at the once seniors-only facility.
However, there have been new appointments made to the board and the new chair is Amber Stewart.
Stewart, in confirming her new appointment in a post on Facebook, said “I look forward to working with the staff, tenants and the community to work together to address current issues as well as to continue to provide safe affordable housing to people in the Battlefords.”
She will take over the role from outgoing chair Ken Holliday.
Stewart is currently the executive director of the Battlefords and Area Sexual Assault Centre. She was the candidate for the NDP in the Battlefords in the most recent provincial election.
