Should pet bans be banned? Renters and landlords square off

With Metro Vancouver vacancy rates below one per cent, there's a new subset of renters crying foul: pet owners.

JessNelson is one of them.

The North Vancouver woman and her boyfriend wantto move out of their cramped one-bedroom apartmentbut are finding virtually no places in theirprice range willing accept her 20 kilogrammixed-breed dog Red.

• British Columbia residential tenancy rules on pets
• Dog owner calls for pet-friendly change to B.C. tenancy laws

"I'm in my early 30s without a child so Red for me islike my baby," said Nelson

Nelson says giving up Red is not an option and has approached two North VancouverMLAsabout changingB.C.'s residential tenancy actto givepet owners a broader supply ofrental housing.

Currently in B.C., it's perfectly legal forlandlords to ban pets. If they do allow them, it's their right torestrict the size, number and kind of animal by writing itinto the tenancy agreement.

Horror stories

Horror stories of nuisance pets andirresponsible petowners abound in the world of rental property, andlandlords believe having the ability to say "yes" or "no" to pets is a basic right of property ownership.

"These are assets and businesses that we own,"saysDavidHutniak, CEO ofLandlordB.C. "We should have the right to determine whether we want to allow pets into our buildings."

Butpro-petpeople like animal rights lawyer Rebeka Bredersays lawmakers need to think differently aboutpets because they are"akin to human family members."

"Now, more than ever, the time is right to make changes in the law because of the fact that housing is so tight," Breder told CBC. "There has to be flexibility in rules to accommodate different people."

'There has to be a compromise'

"People have the right to choose where they live and some people want to live in a pet-free buildingthey just don't like petsfor whatever reasonthey may haveallergy concerns and those arelegitimate. But an outright ban isn't," Bredersaid."Therehas to be acompromise."

Ontario's compromise was to ban no-pet clauses outright.If a landlord wantsto get rid of a problem pet, they have to prove the animal is either dangerous, damaging the property, or problematic to an allergic tenant.

Even if an Ontario landlord puts a no-pet clause in atenancy agreement it is considered void, meaningthere's nothing to stop a renter from movingin with two giantDobermans.

As a result, many Ontario landlords have found themselves out of pocket, having to pay for costly repairs and cleaningnot covered by thepet damage deposit up to half a month's rent when a renter moves out.

Risk part of the business

But Breder says risk is part of the business when you're a landlord.

"Any landlord takes risks on when they have any renter orany tenant, regardlessof whether it's a pet or a human being," she says.

Hutniak counters that it's not canines or cats that laws are meant to protect, it's humans.

"[Landlords] have a responsibility to provide a safe, secure and healthy environment for all tenants," he said.