Short term rentals (File photo 138410698 © Bigtunaonline | Dreamstime.com)

By Pete McIntyre

Legal action

Group files lawsuit over new short term rental laws

Apr 12, 2024 | 10:00 AM

A B.C. property rights group is taking legal action against the province over its proposed changes to short term rentals.

The West Coast Association for Property Rights, and a short term rental owner and operator, have filed a petition with the B.C. Supreme Court, looking to ensure that the pre-existing rights to own and operate legal STR’s are not taken away, and if they are, that the province pays fair compensation.

The petitioners also seek a delay to any enforcement steps that the province and the City of Victoria have said will begin on May 1, at least until the claim can be heard and decided by the courts.

As of May 1, the government plans to implement new rules that restrict short-term rentals to principal residences and either a secondary suite or what is known as an “accessory dwelling unit,” such as a laneway house, in 65 B.C. communities.

The government says the new restrictions on STRs are a way to boost the long-term housing supply.

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Orion Rodgers, spokesperson for Property Rights Association of B.C., said they believe the provincial government has overstepped their legal authority in imposing legislation that negatively impacts licensed and lawfully operating businesses and property owners.

“We have listened to the concerns from our affected members and other stakeholders and support them and their decision to bring legal action against this unjust act,” Rogers said.

“If the provincial government’s “Short Term Rental Accommodations Act” does infringe on the vested property rights of lawfully operating short term rental owners in B.C., creating a tangible financial loss for our constituents, there must be compensation for these citizens.”

The association said STRs hosted on online accommodation platforms (OAP) such as Airbnb have directly contributed in excess of $93 million dollars in PST & MRDT (hotel tax) revenue to the B.C. government in 2023.

It also maintains British Columbians accounted for more than 1.1 million STR guest stays within B.C. last year with daily spending of approximately $225 per guest per day at local businesses.