Excerpt from the Arbitration Decision

[mbarrick]

[bold mine]

I accept that the landlords are concerned about the safety and liability issues regarding the windows. However, the landlord did not refute the tenants' evidence in the hearing that building code requirements do no necessitate the sealing of the windows. The landlords are apparently concerned about the possibility of open windows being torn off their hinges by wind coming from the ocean, which would certainly be a safety issue. However, there was no evidence that the landlords have explored, with a qualified engineer, contractor or the like, alternatives to simply sealing up most of the windows in the rental unit. Given that the openings windows provide ventilation and are considered a desirable feature of the suite, I do not find the landlords' purpose for entry to be reasonable without evidence that the windows violate health, safety or building standards applicable to the building and that alternatives to sealing up the windows have been given reasonable consideration. I also believe that the tenants have a legitimate concern about the landlords' stated intention to seal up the lower bedroom windows and leave open only the two high windows, located immediately above the large lower windows.