Zoe Nagler has lived in this one bedroom suite in d’Esterre Gardens for the past six years but received an eviction notice in January because she is too young to live in the senior’s facility. Nagler has cerebral palsey. Photo by Jolene Rudisuela

Eviction halted for B.C. woman deemed ‘too young’ for seniors’ home

Zoe Nagler, 46, had been given notice after living in the seniors complex in Comox for six years

Zoe Nagler is relieved to be able to stay in her one-bedroom suite at a seniors’ home in Comox after receiving an eviction notice in January.

The 46-year-old who has cerebral palsy has been living in d’Esterre Gardens, a low-income housing facility managed by d’Esterre Seniors Citizens Society, for the past six years. The facility’s minimum age requirement is 65, or 55 for people with disabilities, but Nagler was originally allowed tenancy because of her disability.

READ MORE: Disabled d’Esterre Gardens residents evicted for being too young

But in January, the society tried to evict her because of her age.

She contested the eviction in mid-March. An arbitrator ruled the society had no grounds to evict her, saying “the tenancy agreement does not authorize the landlord to end the tenancy if the tenant ceases to meet the age requirement.”

“It’s a great relief because there is nothing for someone on my budget,” she said. “I only get the shelter allowance for rent – $375 a month and that’s not a rent that exists anymore.”

Nagler said she would have had to move in with her mother if the decision had not been in her favour.

The Residential Tenancy Branch later determined that the basis for the eviction – section 49.1 of the Residential Tenancy Act – did not apply in Nagler’s case, as she was not living in a subsidized rental unit. While d’Esterre Gardens has been affiliated with BC Housing previously, their agreement expired two years ago.

The decision also detailed that she had never been required to demonstrate that she met the age requirement, and it would be unfair to evict her after she had already been allowed to live in the unit for six years.

Her lawyer, Joe Marrie, had taken the case pro bono after the original article was published in The Comox Valley Record.

“From the start, something seemed wrong about it, and people don’t always know how to argue their rights in these situations,” said Marrie. “I thought it would be really, really crummy to read about Zoe Nagler being put out on the street over something that seemed like it was totally unfair to do.

“My impression is that the society is doing its best to protect what it perceives as its interests.”

D’Esterre Senior Citizens Society denied a request for comment.

Teona Sparkes, a second underage resident who received an eviction notice, did not pursue arbitration and has decided to move on from the housing complex.


jolene.rudisuela@comoxvalleyrecord.com

Like us on Facebook and follow us on Twitter

Just Posted

All Nations Driving Academy gets $360K boost from province

Terrace-based driving school bridges gap in services for remote northwest B.C. communities

Skeena Watershed reopened for recreational pink and coho

Four sections and tributaries remain closed

Skeena-Bulkley Valley candidates react to finding Trudeau broke ethics law

The election campaign is heating up before the writ has even dropped

Parking lot rework effort begins

Work is well underway on the Downtown Parking Lot Redevelopment Plan, which… Continue reading

Day at the beach

People young and old flocked to Radley Beach to relax and cool… Continue reading

Fashion Fridays: How to dress and feel powerful

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

It’s snow joke: Up to 30 cm of snow expected to fall in northeastern B.C.

Alaska Highway, Fort Nelson to be hit with August snowstorm, according to Environment Canada

Discussion on grief and loss between Stephen Colbert, Anderson Cooper goes viral

The exchange includes emotional question from Cooper, and outlook on grief as a child

Toronto activist calling on federal parties to nominate more black candidates

Fewer than 20 black Canadians have been nominated so far, including some Liberal MPs seeking re-election

Portland, Oregon, awaits right-wing rally, counter protests

Patriot Prayer’s Joey Gibson surrendered Friday on an arrest warrant for felony rioting

Kraft Heinz brand baby food recalled in B.C. due to possibility of insects

The Canadian Food Inspection Agency says the product should not be consumed

First Nations women finally to be treated equally under Indian Act: Bennett

Canadian Feminist Alliance for International Action thanked the feds

Helicopter-riding dog Mr. Bentley now featured on cans of new B.C.-made beer

Partial proceeds from every pack go to Children’s Wish

‘Easy Rider’ star Peter Fonda dies at 79

Actor and writer was nominated for an Oscar for co-writing the 1969 psychedelic road trip movie

Most Read