Whitehorse landlord ordered to pay $7K after renting non-permitted unit

A Whitehorse landlord has been ordered to pay more than $7,000 to the estate holder of a deceased former tenant, according to a decision by the YukonResidential Tenancies Office (RTO).

Tara Goodwin-Chief said she first brought her claims to the RTO for dispute resolution in June, not long after her late uncle's death. At the time of his death, Blaine Berry had been renting a unit in Porter Creek from Shahram Kazemi.

Goodwin-Chief claims in her application there were several problems with the unit while her uncle was living there: the electrical panel was made of wood, the unit was heated primarily by a portable heater, and the apartment itself was not properly permitted.

"In my eyes, this should have never, ever, ever been rented out," Goodwin-Chief said in an interview.

Unit not properly permitted

Goodwin-Chief filed an application with the RTO arguing the landlord should be ordered to pay over $14,000 to her uncle's estate.

The bulk of that is for rent money Berry had paid to the landlord. Because of zoning problems and code violations, Goodwin-Chief argued, the unit should never have been on the rental market in the first place, and therefore rent money should never have changed hands.

Documents shared with CBC that were submitted to the RTO show officials from the City of Whitehorse inspected the property in September and found five dwellings.But according to a letter submitted by city officials to the RTO, the property was not permitted to have that many units.

"Although the use of a fourplex at this location is accepted, no additional suites were permitted or could be considered for permitting due to the zoning restrictions," the letter reads.

A spokesperson for the City of Whitehorse confirmed that city officials had been in touch with the landlord about the zoning bylaw infraction.

An electrical inspection also confirmed several code violations.

The RTO ordered Kazemi to pay back over $7,000 in rent money and the damage deposit to Goodwin-Chief by March 15. The order is enforceable through the Supreme Court.

Adjudicator Patrick Kerwin found "the landlord's actions to be unreasonable," and either negligent or willfullyblind in the matter.

CBC reached out to Kazemi several times for comment, but he did not respond by publication time.

The decision notes Kazemi has denied the allegations, but that the evidence provided by the City of Whitehorse outweighs his position.

Tenant also had 'legislated failings'

Though the RTO accepted the unit was not properly permitted, it did not find Goodwin-Chief was entitled to a full refund of all the rent because that would imply Berry had no benefit from the shelter at all.

It also found Goodwin-Chief did not provide enough proof that she or Berry had brought alleged issues with the unit to the attention of the landlord.

"I must balance both parties' legislated failings neither of which is insignificant," the decision reads.

Goodwin-Chief had also requested the landlord be ordered to pay her various other fees among them compensation for damages. Goodwin-Chief claimed Kazemi had threatened Berry, who was dealing with several medical issues at the time, with eviction on multiple occasions.

The RTO dismissed those claims; it typically doesn't issue decisions on claims it can't quantify, like mental or emotional pain. The RTO also found Goodwin-Chief did not submit sufficient evidence of bullying or harassment.

Broader issues with Whitehorse rental market

Though Goodwin-Chief was successful in getting some of the money she'd claimed, she said the process itself was arduous. She said it took months to get all the supporting documents together, and that she was responsible for requesting information from the city and from an electrical inspector.

Goodwin-Chief pointed to the fact there is no tenants' association in the Yukon.

Though the RTO deals with disputes between landlords and tenants, it doesn't generally order things like property inspections, nor does it advocate for a particular party.

"My team is essentially adjudicators which are like judges, they don't help people directly through the process," said RTO director Eva Wieckowski. "However, we are always happy to help people understand what the process is, and what the legislation is."

Yukon NDP housing critic Emily Tredger said Goodwin-Chief's complaint points to a larger problem with the rental market in Whitehorse.

"It's an absolutely heartbreaking and outraging situation," Tredger said. "Unfortunately, we hear stories like it a lot. We hear a lot of stories about people who are in really unsafe and uncomfortable and unfair housing situations."

Because tenants in the Yukon can be evicted without cause, Tredger said, many are afraid to speak up when there are issues with their unit.

That's something Goodwin-Chief said she'd like to see change. She said she's met with a few other residents in Whitehorse to try to start a tenants' association that would help tenants navigate their rights.

"Here we are trying to help with homelessness and security of housing," Goodwin-Chief said. "And if there's no business license and safety network there and an advocate to help navigate someone through this, they're gonna be lost."