Landlord given 45 days to change controversial apartment blocks
Last Updated: Friday, February 1, 2008 | 8:06 AM CT
CBC News
A landlord has been given 45 days to make alterations to two apartment blocks in north Winnipeg if tenants are to remain in the buildings, which the city considers illegal rooming houses.
Queen's Bench Justice Jeffrey Oliphant issued the order for the properties at 103 and 135 Bannerman on Thursday afternoon, a day after he issued an injunction on a city order to vacate the Luxton-area buildings by Jan. 31.
During the 45 days, the blocks' owner, Peter Wessner, must install a network of hard-wired smoke alarms in almost every room, fire-retardant locking doors for each bedroom, and fire-resistant walls.
Byron Williams with the Public Interest Law Centre, which represented tenants who wanted to continue living in the buildings, said if the tenants or the city is not satisfied with the work done in 45 days, a judge could intervene.
"They're tight deadlines, but they're also reasonable deadlines, and we certainly don't have a problem with them," he said.
"Certainly, from the tenants' perspective, more safety measures is always better than less, but you have to look at the economics and also what's reasonable in the circumstances."
Landlord will comply
The tenants will be able to stay in the buildings while the work is being done, Williams said.
Wessner's lawyer, Arne Peltz, said his client is willing to abide by the order. Wessner was an intervener in the court matter, which was between the city and six of the buildings' tenants.
"It's hard to find tradespeople and so forth, [but] he's going to make all reasonable efforts, which is what he was asked to do," Peltz said.
"It's in the hands of the courts. It's being supervised by the court. If anyone has a problem, then the court will deal with it."
Human rights complaint
City officials have said the buildings are being run as rooming houses in violation of city zoning bylaws and fire regulations. Earlier in the week, a civic committee rejected Wessner's appeal to let tenants continue living in the them.
The buildings originally had 15 apartments, but Wessner has acknowledged making alterations to the buildings' suites — such as constructing partition walls in living and dining areas and adding doors to create extra bedrooms — so more people could live in them.
Tenants in the altered apartments were not related by blood or even friendship, but instead were "voluntarily associated," Wessner told CBC News in November, adding that he allowed "however many" people to live in the suites, and they could sleep in bathtubs or hammocks if they wanted.
As many as 45 people had been living in the blocks, city officials said, noting that inspectors cited problems with overcrowding and safety issues due to what were described as "inadequate fire separations and closures, deficient exiting, and deficient fire alarm systems."
The Public Interest Law Centre argued that evicting the tenants, who have disabilities and are recovering addicts, would violate their human rights and cause them harm, due to a shortage of decent and affordable housing available to them in the city.
Other residents of the Luxton neighbourhood have complained the buildings' residents do not receive adequate supervision or support, and charged that the public behaviour of some tenants — such as panhandling and drunkenness — decreases safety in the area.
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