Woman with developmental disabilities denied unit in affordable housing project

Adults with developmental disabilities in the Vancouver Island town of Ladysmith are feeling disappointed — again — after a 36-unit affordable apartment building opened without most of them in it. 

Supporters say only two of the seven people they represent were even interviewed as potential tenants of the building, which in its early stages promised to prioritize people with developmental disabilities. 

Only one of the two people interviewed was accepted to the building. 

Amy McMillan, 44, was interviewed but did not get an apartment. 

"When I found out I got the interview, I was so excited," she said. "I got to see what it looked like to live in Heart on the Hill, but my heart was broken when I realized the truth."

Her mother, Sheila McMillan, who was at the interview, said Amy was essentially quizzed on how to use the apartment's blinds, air conditioner, and stove. 

She said she was told two days later that Amy wasn't getting a unit because it wasn't safe for her to live alone. 

Amy has been living independently for 16 years. She has two part-time jobs, and gets support from Community Living B.C. — a Crown corporation that helps adults with developmental disabilities, autism spectrum disorder, and fetal alcohol spectrum disorder. 

She pointed out in the interview that she wouldn't use the stove unless her care worker was with her. 

Sheila was frustrated by the interview process, but said it's equally unfair that others didn't even get interviewed. 

"I think that it was just exclusion, and I think that was totally unfair," she told CBC News.

The McMillans are part of the Ladysmith Supported Housing Committee, which had already filed a complaint with the B.C. Human Rights Tribunal over how the apartments were being allotted. 

They say the Heart on the Hill building was originally intended to prioritize adults with developmental disabilities, seniors, and low-income families in an equitable manner.

Stan Skelton, who said the whole idea for the project started in his living room, was hoping his son Mark would be able to move into the building. 

Mark had lived in a similar building in Kimberley, B.C., before he and his parents moved to Ladysmith. 

"[It] was a great building," said Stan Skelton.

"They had a fantastic community. They'd all sit out there on their balconies and chat after supper and all that kind of thing."

So the Skeltons got a group of people together to see if they could create a similar situation in Ladysmith.

The project was spearheaded by the non-profit Ladysmith Resources Centre Association (LRCA), and funded by B.C. Housing. 

An open letter written this summer by the LRCA's current board of directors claims the previous board did not honour the original intent of the project —  to prioritize one-third of the units each to seniors, families, and people with developmental disabilities — when it signed an operation agreement with B.C. Housing in May 2021. 

The letter said the new board was elected last year, after families found out the division of units would not be equal. 

The letter says the board tried to have the agreement amended, but B.C. Housing would not allow it. 

"As a result of all of this, the LRCA board has not been able to fulfil its mandate to restore the original intent of the Heart on the Hill project requested by the membership in 2022," the letter continues.

"This is very disappointing to many people. Despite our best efforts, the current LRCA board cannot correct past mistakes. For this, we sincerely apologize."

The current president of the board, Sandra Marquis, is part of the group that filed the human rights complaint. 

Her daughter, Camille Marquis, is one of the adults hoping to live in the building. 

Marquis would not comment to CBC News, citing the filed human rights complaint.

In a statement sent to CBC News, B.C. Housing says the project was funded under its Community Housing Fund program, which has provincewide standards to allocate apartments based on income levels. 

It says 70 per cent of units must be subsidized, with rental rates attached to an individual's income. The rest are set at or below market rent.

B.C. Housing did not respond to a question about matching the original intent of the building. 

The group's complaint has not yet been heard by the B.C. Human Rights Tribunal and no date has been set for a hearing. 

Skelton says settlement talks, which are required before the hearing stage, have not been successful.