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Operating costs cited as reason for housing closure

Brodie Thomas
Northern News Services
Published Monday, October 13, 2008

AKLAVIK - Three Aklavik teachers received a warning their apartments will be closed down on Nov. 3 and they are now scrambling to find somewhere else to live.

The memo, which does not use the word "eviction," cites the high cost of fuel and other overhead expenses as the reason for the closure. It was signed by former Aklavik chief Charles Furlong, president of Black Mountain Realty.

Scott Nightingale has lived in the "six-plex" for a little more than a year. He first moved to Aklavik in September 2007 to teach at Moose Kerr school. Besides the three teachers, he said, a fourth person who works as an administrator at the Aklavik Indian Band office is also facing eviction.

The complex is owned by Black Mountain Reality, a company owned by the Aklavik Indian Band.

Nightingale and the other tenants sent a letter to Black Mountain Realty on Oct. 2 in an attempt to resolve the issue or negotiate new arrangements, and have not received a reply.

"We are not in the information loop about this," said Nightingale.

He has also personally notified Black Mountain Reality that he received the letter and has made plans to vacate on Oct. 31. Despite his best efforts, he has not been able to find other accommodations in Aklavik.

A receptionist at the Aklavik Indian Band said former chief Charlie Furlong is responsible for Black Mountain Reality and he will not be available for comment until Oct. 14.

Northwest Territories Teachers' Association president David Reid said he is monitoring the situation. "I spoke with staff at ECE and they're looking at the validity of the eviction notice and whether or not they can legally evict," he said.

Hal Logsdon, rental officer for the NWT, said the memo should not be treated as an eviction notice.

"What the landlord is attempting to do is terminate the tenancy agreement," said Logsdon.

He said there are specific circumstances under which a landlord may terminate a tenancy agreement. Examples include excessive noise or failure to pay rent.

A landlord wishing to terminate a tenancy agreement must also get permission from a rental officer. Logsdon said he is the only rental officer in the NWT and he has not received an application from Black Mountain Realty to terminate this particular lease.

He said the memo really means nothing.

"A notice from a landlord to a tenant is of no legal effect," said Logsdon.

Nightingale, one of nine teachers in Aklavik, said he loves Aklavik and is enjoying his job, but he may be forced to accept a job in another province if the housing issue is not resolved.

"I have been looking at other opportunities in the Northwest Territories and Alberta," he said.

In the days leading up to the eviction notice, Nightingale and some of the other tenants had raised concerns about heat and maintenance in the building. He said the hot water heater for one of the buildings had failed and that tenant was told it would take two weeks to repair the problem.

Aside from minor repairs and heating concerns, Nightingale said he has had very few complaints about the quality of the housing in the complex.

He said he would like to speak with Charlie Furlong or anyone else from the band to resolve the issue.

He said he still hopes he can stay in Aklavik.

"I'm having one of the best professional experiences I've had in my 20-year career and it is unfortunate that we are being hit without notice," said Nightingale.