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Charlottetown apartment tenants angry over eviction notice and plan to fight it

Marlene Gallant, left, Dave Neatby and Dylan Menzie are three of the nine tenants who are being evicted from an apartment building at 24 Water St. in Charlottetown because the building owner says there are asbestos issues in the plastic walls and wants to construct a new building next door and complete renovations to the existing apartment building. Dave Stewart/The Guardian
Marlene Gallant, left, Dave Neatby and Dylan Menzie are three of the nine tenants who are being evicted from an apartment building at 24 Water St. in Charlottetown because the building owner says there are asbestos issues in the plastic walls and wants to construct a new building next door and complete renovations to the existing apartment building. Dave Stewart/The Guardian - Saltwire

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CHARLOTTETOWN, P.E.I. — Marlene Gallant choked back tears Thursday as she talked about being evicted from the Charlottetown apartment she has called home for the past 17 years.

Gallant and eight other tenants at 24 Water St. received eviction notices on Feb. 19, along with documents stating that the Dunne Group, which owns the building, intends on renovating and wants the residents out by April 30.

“I was definitely sad and overwhelmed,’’ Gallant said, struggling to describe what it felt like. “I have no place to go yet. I’ve been looking and there’s nothing out there, nothing in my price range, that I could afford. There’s nothing.’’

The building is located on the south side of the Water and Pownal streets intersection, next to the harbourside access road to the Charlottetown Yacht Club.

Marlene Gallant, left, Dave Neatby and Dylan Menzie are two of the nine tenants being evicted from the apartment building at 24 Water St. in Charlottetown because the owner says there are asbestos issues in the plaster walls and wants to do some renovations, including building a new fire escape and installing a sprinkler system. The tenants have to be out by April 30. Dave Stewart/The Guardian
Marlene Gallant, left, Dave Neatby and Dylan Menzie are two of the nine tenants being evicted from the apartment building at 24 Water St. in Charlottetown because the owner says there are asbestos issues in the plaster walls and wants to do some renovations, including building a new fire escape and installing a sprinkler system. The tenants have to be out by April 30. Dave Stewart/The Guardian

Dave Neatby, another tenant, said in addition to the notice of termination they were given a consultant’s report that indicated the presence of asbestos in the plaster walls. Renovations would include the installation of a new sprinkler system, replacing the fire escape and the construction of a new building next to the existing one, at 7 Pownal St.

Neatby said he called the property manager, Jon Locke, and asked him how long the renovations would take and didn’t get an answer. He also asked whether the tenants would be allowed back into the building once the renovations were done and again received a non-commital answer.

Dylan Menzie, also a tenant in the building, said he received a more definitive answer.

“They said you probably won’t be able to afford (the new rent) anyway,’’ Menzie said. “They’re going to jack the prices up a whole lot. They did (say that).’’

In a statement emailed to The Guardian, Locke said due to construction of the new building it is necessary to make certain improvements to 24 Water St. to ensure the building is in compliance with the National Fire Code.

“The sprinkler system will require most of the building’s interior walls to be cut open,’’ Locke said. “All the existing apartments will be impacted with the installation and walls needing to be cut for the new sprinkler system.’’

Locke added that the building is more than 100 years old and, like many older buildings in the downtown, it contains some asbestos in the plaster walls, which is safe in a solid state but must be handled carefully and by professionals when disturbed to ensure it isn’t ingested.

“In order to permit the renovations to proceed in an orderly manner that is safe for human health, the building must be vacant,’’ Locke said. “It is for this reason that eviction notices were issued.’’

The project is estimated to take three months with the cost budgeted in the range of $300,000.

This is an artist concept of the Dunne Group’s plans for the apartment building at 24 Water St. The group plans on constructing a new building next to it, pictured on the left. The property manager, Jon Locke, said as a result of the construction and necessary upgrades to the existing structure, the nine tenants living there will have to move out by April 30. Locke said they are working to find alternate accommodations for the tenants. Submitted
This is an artist concept of the Dunne Group’s plans for the apartment building at 24 Water St. The group plans on constructing a new building next to it, pictured on the left. The property manager, Jon Locke, said as a result of the construction and necessary upgrades to the existing structure, the nine tenants living there will have to move out by April 30. Locke said they are working to find alternate accommodations for the tenants. Submitted

Neatby said he understands that they need to move out while the work is being done. What he and the other tenants can’t fathom is why they’re not being welcomed back.

“The main crux of it is they are acting in bad faith,’’ Neatby said. “It’s not really about having to do this renovation. It’s another reason, whether that reason is because they want to raise the rent or they want to get us out now.’’

Neatby said he’s on a disability pension and his rent is $1,105 per month, not including heat or utility. He splits the cost with a roommate and said he can’t afford much of an increase.

Menzie and Gallant say their rent is a bit less than Neatby’s.

“I literally don’t know where I’m going to live,’’ Neatby said.

“We’re all worried about where we’re going to live,’’ Menzie added.

“This is so sad that somebody can come in and serve you a paper and say you have to get out of your home; that you have to leave,’’ Gallant said.

Locke said he has been in regular communication with the Island Regulatory and Appeals Commission (IRAC) to ensure the company’s actions are within the Residential Tenancies Act.

“We very much empathize with the tenants at 24 Water St.,’’ he said. “We have provided more than the mandatory notification period, called and/or explained in person the asbestos abatement work that needs to be done, shared the engineers reports, etc., and have been working to help find existing tenants other apartments or accommodation arrangements. We will continue to do so and assist in any way possible.’’

Neatby said he and the other residents are going to fight this and will be filing a rare group appeal with IRAC next week.

Twitter.com/DveStewart

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