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Employee housing homeowner fined for nightly rentals

A local owner of resident restricted housing has been fined for illegally renting out her home in 19 Mile Creek to tourists.

This marks the first time the Whistler Housing Authority has ever successfully fined a homeowner in an employee housing unit for illegal rentals.

"In order to create this housing stock the community as a whole makes concessions," said WHA General Manager Tim Wake.

"And in return for these concessions, the community benefit is that we have housing that works for locals. Obviously if it gets used for something other than housing people who are working here, it’s a loss to the community."

Homeowner Evangeline Cannon admitted to the WHA that she rented out her home for four days over Christmas last year.

But she said this week that she was just doing what many people in Whistler do to get by.

"…I just feel like if you are a property owner and you’re paying such a large… amount to live here in terms of property taxes and prices of property… I really do feel like it’s our right to cash in on that," she said.

"We pay a lot more to live here therefore we should be able to reap some of the benefits and that is, people wanting to come and stay here.

"I feel like I didn’t do anything wrong, even though I know it’s against bylaws. I feel justified in doing it. And I know that a lot of people in Whistler do do it."

The WHA first learned about the illegal rentals late last year when the municipality’s bylaw department found the 19 Mile Creek house advertised on a tourist accommodation Web site last December.

At that time Cannon was advised in writing that under the employee housing covenant she could not rent out her home except to Whistler employees and then it must be rented on a monthly basis for no more than $500/month per bedroom.

Then two months later, in February, reports came into the WHA with evidence to back up claims that the unit was being rented nightly over Christmas and Presidents’ Week.

Cannon was asked to fill out a statutory declaration for the period of time stretching from Dec. 15 to the end of February. Under the statutory declaration she had to list who had been living in her house, where they worked within the resort and how much rent they had been paying.

The WHA can demand a statutory declaration up to four times each year under the employee housing covenant.

"In this case Ms. Cannon was going to be faced with a much larger fine if she didn’t complete the statutory declaration," said Wake.

"And (she) also had to accept that if she did complete it without admitting to renting (illegally) she would be faced with court proceedings as the housing authority had evidence of the rentals."

Cannon ultimately agreed that she had rented out her home illegally for four nights over Christmas and was fined for each day she was in breach of the covenant.

The total amount of the fine was not released.

"Obviously I was singled out and you take that risk," she said.

"I don’t feel like I did something that everybody else isn’t doing too."

Cannon said the bylaws, which limit nightly rentals to certain areas within the municipality may need some review.

"It feels a bit fascist to me," she said.

"I own the property."

She proposes that all homeowners throughout the valley should have the right to rent their property for a total of 14 nights every year.

"For 14 nights of the year if those employees choose to go away and go through the hassle of trying to rent it and clean it up and everything else, then… why begrudge them that?

"It still serves the purpose of being employee housing for myself and my roommate and my son."

Even though she doesn’t agree with the bylaws as written, she said she won’t be renting out illegally again.

Though this is the first time the WHA has cracked down on illegal renters in employee housing units, the municipality has taken the matter to court in the past when homeowners in areas not zoned for tourist accommodation have rented out their homes on a nightly basis.

In the Miller/Rivera case, two Prince George dentists were taken to court by the municipality for renting out their home to co-workers and friends on a short-term basis.

A B.C. Supreme Court judge ruled in the municipality’s favour, prohibiting the couple from renting their home at Clifftop Lane for short periods of time.

The municipality then began to actively pursue property management companies offering homes for rent in areas not zoned for tourist accommodation, after a year’s grace period that would allow them to get their businesses in order.

Whistler Platinum, a local property management company, was caught offering residentially zoned properties for short-term accommodation. The company reached an amicable agreement with the municipality and willingly agreed to abide by the law after signing a consent order.

Then AlluraDirect.com was charged with facilitating the rental of properties not zoned for nightly rentals on their Web site. The municipality held a show-cause hearing, which Allura representatives did not attend. The municipality then suspended Allura’s business license but since the company works out of Vancouver, they continue to operate.

Wake said it’s hard to know how widespread the problem is in employee housing developments but information from neighbours plays a key role in rectifying the situation.

Wake said: "We really appreciate the support we’ve had from these neighbours in helping us identify the improper use of the housing."