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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Severe thunderstorm watch in effect for Cariboo, North Thompson region

Prince George, Quesnel, Williams Lake and 100 Mile House all under watch

International Safe Travels designation program approved for Gold Rush Trail, Cariboo Chilcotin Coast

World Travel and Tourism Council approves, businesses and communities can apply

Do you think recreation facilities in 100 Mile should reopen?

The weekly web poll for the 100 Mile Free Press

VIDEO: Deer and fox appear to play in Sheridan Lake back yard

‘It’s not every day you get to see animals seeming to actually just be playing with one another’

Police issue warning after baby comes across suspected drugs in Kamloops park

The 11-month-old girl’s mother posted photos on social media showing a small plastic bag containing a purple substance

Collision results in train derailment just east of Golden

The derailment occurred Sunday night, according to a statement from CP

Lower Mainland woman says llama farming neighbour shot her 11-month-old pup

Young dog was on owner’s Maple Ridge property when it was killed on June 21

B.C. records 31 new cases, six deaths over three days due to COVID-19

There are 166 active cases in B.C., 16 people in hospital

B.C. highway widening job reduced, costs still up $61 million

Union-only project scales back work to widen Trans-Canada

Greater Victoria nanny pleads guilty to child porn, sexual interference charges

Johnathon Lee Robichaud pleaded guilty to slew of sex crimes

Most Read