Lawyer Carl da Luz, representing one of the remaining owners of the Shady Acres mobile home park in West Kelowna, believes that the eviction notices issued by the developer, Kerr Properties, are not valid. The property is being rezoned for light industrial use, resulting in the displacement of residents from around 30 homes. Despite renters already being forced out, four owners, including George Sun, a refugee of the Cambodian genocide and on disability, remain on the premises. Da Luz decided to assist Sun after Kerr Properties threatened to make him pay for his own demolition due to unpermitted work in his home. Da Luz argues that the rezoning bylaw needs final adoption before evictions can be triggered, despite West Kelowna city council passing the third reading on September 10.
The city of West Kelowna has stated that Kerr Properties still has several conditions to fulfill before the rezoning’s final adoption, including approvals from the Ministry of Transportation and Infrastructure and registering an environmental no-build/no-disturb covenant for the existing natural area on the property. Da Luz believes that issuing eviction notices before the final adoption of rezoning is premature and that Kerr Properties should not consider the approval in principle as sufficient. The lawyer is prepared to challenge the eviction notices through the residential tenancy branch if Kerr Properties does not voluntarily rescind the notice issued to his client. He hopes that the remaining owners will also challenge the evictions.
The four remaining owners at the Shady Acres mobile home park were served with 12-month eviction notices on September 16. George Sun expressed feeling stressed, frightened, worried, and emotional about the situation. Kerr Properties did not respond to Global News’ inquiries by the time of publication. Da Luz emphasized the importance of fighting the eviction notices for Sun and the other remaining owners, as finding subsidized housing will likely be more expensive than their current living situation. Every month they can stay at the park means more money in their pockets for essentials, groceries, and savings for the future.
Da Luz relies on the Manufactured Home Park Tenancy Act to argue that the evictions are not legally valid until the rezoning bylaw is finally adopted. He points out that the law provides a certain degree of protection for residents facing eviction in these circumstances. Despite Kerr Properties believing that the approval in principle is enough to begin the evictions, Da Luz is adamant that the process must be followed correctly to ensure the rights of the residents are upheld. The lawyer is committed to fighting on behalf of Sun and the other remaining owners to prevent their displacement from the mobile home park.
With the looming threat of eviction hanging over the remaining residents of the Shady Acres mobile home park, Da Luz is determined to challenge Kerr Properties on the legality of the notices. He is prepared to take the matter to the residential tenancy branch if necessary to protect the rights and interests of his client and others facing displacement. The lawyer emphasizes the financial impact of forced relocation on a vulnerable population like George Sun, highlighting the importance of allowing residents to stay in their current homes as long as possible. The fight against the eviction notices at Shady Acres is a crucial battle for both the residents and their legal representation.
