Changes to Residential Tenancy Regulation for Supportive Housing
In January 2024, the Province announced changes to the Residential Tenancy Regulations (RTR) to clearly define supportive housing and include provisions exempting supportive housing units from sections of the Residential Tenancy Act (RTA) that prohibit guest policies and wellness checks.
There has long been some confusion in the housing sector around whether supportive housing is exempt from the Rental Tenancy Act (RTA). These amendments will ensure supportive housing providers can support tenant and staff safety by conducting wellness checks and managing guest policies while ensuring other RTA protections for tenants.
We recognize this may be a change for many supportive housing operators and that you will have questions.
What is happening?
These regulation changes define supportive housing as a rental unit that:
- is located in residential property that is operated by a supportive housing operator,
- is occupied by a tenant who has been assessed by the operator as someone who is experiencing or at risk of homelessness and would benefit from housing stability support,
- has at least one tenant in the unit who has housing stability supports provided on-site by the operator accessible to them,
- is not provided on a temporary basis.
Further details on the regulation and the new definition of supportive housing are available by checking out the Order in Council – Jan 18, 2024.
The regulatory changes exempt supportive housing from sections of the RTA that prohibit wellness checks, guest policies, and quiet enjoyment (sections 28, 29, and 30 (1)(b)).
The new supportive housing exemptions apply to residential rental units operated by a supportive housing operator for people who are experiencing or at risk of homelessness and who need support to maintain their housing.
For more information on the Residential Tenancy Regulation changes and how they apply to supportive housing operators, please review the following resources:
- Residential Tenancy Branch’s Policy Guideline 46 on Transitional Housing, Supportive Housing, Health Facilities
- Provider Frequently Asked Questions
- Supportive Housing & the RTA fact sheet
Operational Standards
BC Housing has developed Operational Standards for Guest Management & Wellness Checks. This resource is intended to be a tool for supportive housing providers to develop and update your own wellness check and guest management policies.
Tenant Resources
We are also working on some tenant materials we look forward to sharing soon.
Questions
Supportive housing operators can direct their questions to:
- BC Housing: communityrelations@bchousing.org
- The Residential Tenancy Branch: HSRTO@gov.bc.ca
- Ministry of Housing: OfficeofHomelessnessCoordination@gov.bc.ca