Landlord’s Harassment Forces New Mother to Vacate Suite 12-days after C-Section

In a decision issued on February 19, 2020, Valdez v Bahcheli, the BC Human Rights Tribunal held that a landlord’s conduct amounted to discrimination on the basis of sex and family status, in violation of section 10 of the BC Human Rights Code.

A few days after Germaine Valdez gave birth, her landlord Meltem Bahcheli texted her saying that she would need to find a new place to live. The day Valdez returned from the hospital, Bahcheli came to the suite and began yelling at her. Bahcheli told Valdez that if her family did not cooperate and agree to vacating the suite, she would be evicted and refused a reference. Further, Bahcheli would not allow Valdez to stay present in the suite while it was shown to prospective tenants. This meant Valdez would have to walk around outside in the cold with her baby for two hours while recovering from her recent c-section. Her baby was 11 days old.

The Tribunal ordered that Bahcheli pay Valdez $1,923.56 for moving expenses and $9,000 as compensation for injury to her dignity, feelings, and self-respect.

In delivering reasons, the Tribunal held as follows:

[30] Ms. Bahcheli’s behaviour was having a serious impact on Mrs. Valdez. She was frequently crying. She was having to physically exert herself more than she should have been, immediately following a c‐section. As a result, she experienced some unusual bleeding that required medical attention. Mr. Valdez testified emotionally about this time. He explained that all he wanted to do was make sure his wife was safe, but they had very limited resources. He was working and going to school and so could not be at the apartment all day to intervene with Ms. Bahcheli. They could not afford to hire movers and he wanted to make sure Mrs. Valdez was doing as little physical activity as possible.

[40] There were no issues in the Valdezes’ tenancy until Mrs. Valdez told Ms. Bahcheli that she had given birth. A person’s family status includes the size and composition of their family: Fakhoury v. Las Brisas Ltd (1987), 8 CHRR D/4028 (Ont. Bd. Inq). It includes having a baby: Cha v. Hollyburn Estates Ltd., 2005 BCHRT 409. In the housing context, the protection from discrimination based on family status “exists precisely to protect families, and others who may be screened out of tight housing markets, from being unjustifiably excluded from safe and secure housing”: Abernathy v. Stevenson, 2017 BCHRT 239 at para. 15.

[43] The birth triggered Ms. Bahcheli to begin what would become a torrent of accusations that the Valdezes had lied to her and misrepresented themselves. Over the next few weeks, she refused to meet and deal with the Valdezes in a professional way, threatened to start legal action against them and charge them sums of money for wasting her time, and insisted on frequent, uninterrupted access to their apartment at her own convenience. I am satisfied that Ms. Bahcheli’s conduct over this period constituted harassment at a point when Mrs. Valdez was particularly vulnerable. The harassment was directly connected to the birth of Mrs. Valdez’s child.

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