91 residents of N.S. mobile home park file for return of ‘unlawful’ water charges
A group of legal workers and tenants made a powerful statement in Halifax by bringing a cardboard banker’s box full of filings from 91 people to a Service Nova Scotia office. These individuals are all seeking the same outcome – the return of unlawfully collected water fees from their landlord.
The residents of Woodbine Mobile Home Park in Beaver Bank, N.S., have been embroiled in a dispute with their landlord over water payments for years. Some tenants have been required to maintain water meters on their homes and pay water bills to Halifax Water, while others have not faced the same demand.
Eloise Graves, a resident of Woodbine Park, expressed her frustration at the unequal treatment, stating that there should not be different classes of people within the community when it comes to water payments. After a year-long battle, Graves received a favorable ruling in September, inspiring other tenants to seek justice.
Mark Culligan, a community legal worker with Dalhousie Legal Aid Service, highlighted that Graves’ case has opened the floodgates for other tenants facing similar issues. Out of over 600 residents at Woodbine Park, approximately 300 are now paying for water, a practice that began in 2015 when water meters were mandated for mobile homes being sold.
The landlord, Westphal Court Ltd., has been dividing water charges among tenants using the meters on their homes, effectively duplicating rental fees. This practice goes against the province’s rent cap regulations, which include water costs in lot rental fees.
Westphal Court Ltd. owns several land lease communities, totaling almost 1,600 homes. Despite declining interview requests, the company is currently appealing the small claims court decision that ruled in favor of Graves and another tenant.
In 2023, Graves and Nicole Herd filed for the return of their water payments, citing a policy that deemed it unreasonable to force tenants to install water meters. After a successful appeal to the small claims court, both tenants were awarded reimbursement for their water fees and the removal of water meters from their homes.
Graves emphasized that the fight for fairness extends beyond financial compensation, as they aim to ensure equality for all tenants in the park and similar communities across the province. The tenants’ collective action serves as a testament to their commitment to upholding principles of justice and equality.
