LANDLORDS CONCERNED WITH BYLAW EFFECTS

A bylaw under development by the city to target the landlords of
marijuana grow operations and clandestine drug labs will punish the
victims of crime, not the criminals, according to one city landlord.

Ray Kristian has been a landlord for 40 years. He manages a small
number of properties which provide his retirement income.

"I ran my own business. I don't have a big pension or big benefits, so
I have to continue as a landlord. I have to, or I wouldn't be in it,"
Kristian said. "The Residential Tenancy Act is so bad it's almost
impossible to run a decent operation. All the legislation protects the
criminals."

Last month city council requested staff create a bylaw to hold
landlords accountable for the RCMP costs of removing material and
equipment from the grow ops and drug labs; and the costs of inspecting
the buildings for safety, health and fire code violations. In
addition, council requested a change in policy to register information
about the illegal activity on the property title.

"Don't attack the victims of crime, attack the criminals. I'm a victim
of crime," Kristian said. "This is organized crime, these guys are
pros. I've been fighting these bastards for years, and I'm doing it on
my own."

One way drug dealers get into rental properties is to use someone with
a clean background to apply, then move in afterward, he said.

In one case Kristian said he had an 82-year-old man, a retired school
board employee, apply for a rental unit. The man's family was working
in town and seemed to be involved and supportive of the senior
citizen, he said.

"I saw a lot of traffic, but I thought they were mostly his family,"
Kristian said. "They didn't get the drug dealer to apply, they had the
old man with the decent background apply. I thought he seemed good.
I'm not trained to spot these people."

Over time Kristian said he became suspicious, particularly when he
noticed there was a younger woman frequently at the home.

"She was introduced as his granddaughter, and that she was just there
to clean. But she was there too often, she was staying there."

The man's health deteriorated and he was hospitalized before Kristian
could complete the legal process to evict them.

The legal process to evict tenants, as described by the Residential
Tenancy Act, is complicated, slow and allows lengthy appeals, he said.

"As long as the tenant stays in possession (of the property)... it can
take many months," he said. "All the onus is on me. I call the police,
but they tell me their hands are tied."

When he sees suspicious activity happening at one of his rental units,
he informs police, Kristian said. However, the police need sufficient
evidence to get a warrant to search a property and he can't always
provide it or must take personal risks to provide it.

"I've got one unit, it's got cars coming and going like Grand Central
Station. I'm out there taking licence plates and descriptions. I'm
doing the work of the police and I don't have a badge or a gun. I
can't call for backup, it's just me," he said. "I give the information
to the police, nothing happens. And they say I'm allowing it."

Kristian said he doesn't blame the RCMP - they can only enforce the
law with the tools they're given. However, if they need more
legislative tools to get the job done, they should be proactive and
ask for them.

"Get the mayors and police chiefs together and call for changes to
legislation," he said. "They need to stand up and say, 'untie our
hands, give us legislation that will allow us to do our job.'

"I'd give up a lot of my rights to privacy if it would help untie the
hands of the police so they can be more effective. The police don't
have the resources to spy on the criminals, why would they spy on me?"

What the bylaw may do is force landlords to sell their properties and
stop providing rental accommodation, or simply not report criminal
activity because they don't want to be held accountable for tenants
they can't get rid of.

Prince George RCMP spokeswoman Const. Lesley Smith said the proposed
bylaw is based on successful models used in the Lower Mainland and
other jurisdictions.

"It's just another avenue we can pursue to hold people accountable for
grow operations," Smith said. "Those held accountable should be
landlords. They should know what is happening in their
properties."

The Residential Tenancy Act does allow landlords to evict tenants if
there is illegal activity, disruptions or damage to the property happening.

"There are some landlords who are afraid to give information, and
that's where the RCMP can help," Smith said.

"But there are some landlords who make money on the side allowing this
to happen."

RCMP will investigate tips which come in about potential illegal
activity at a home, but they need to have details to launch an
investigation.

"There are protocols in place to get a tenant removed. If they need
assistance getting a tenant out, and they have all the legal paperwork
in order, we can help keep the peace."