Councillor D. Chapman has given notice to introduce the following motion for consideration this date:
“WHEREAS safe and adequate housing is recognized as a fundamental human right by the Federal Government, whose effect as a major social determinant of health and wellbeing goes well beyond a basic requirement for shelter; and,
WHEREAS Kitchener’s housing situation has dramatically shifted since 2016, a Housing Needs Assessment demonstrating the average price for a house increased by 104% between 2009 to 2019, with the greatest increase since 2016, and rents increased by an average of 41%; and,
WHEREAS the City is experiencing a gap in the provision of housing, in particular the need for 450 units of supportive housing, over 5,000 units of community housing and 9,300 units of affordable rental housing to address the gaps in the existing supply; and,
WHEREAS the City of Kitchener has adopted “Housing for All – The City of Kitchener’s Housing Strategy” demonstrating a commitment to realizing the right to housing locally and addressing the housing crisis within the municipality; and,
WHEREAS landlords and investors are adding to the strain on the housing supply through the unscrupulous act of “Renovictions” by claiming they are completing major renovations and evicting and displacing existing tenants, and subsequently raising rents which affects those generally identified as lower income earners and their ability to find safe, adequate and affordable housing; and,
WHEREAS citizens and communities are hurt by these practices which can and does directly impact the housing and homelessness crisis, as well as inflict damage and trauma (both financially and mentally) particularly on our most vulnerable citizens;
WHEREAS the City of Kitchener adopted a resolution on October 18, 2021 lobbying the Province of Ontario to take additional and meaningful steps to address the ever-increasing problem of “Renovictions”;
WHEREAS the City of Kitchener is trying to take meaningful steps to help address the issue with the legislated tools available to municipalities including adopting Inclusionary Zoning By-law and a Rental Replacement By-law;
THEREFORE IT BE RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to urge the Province of Ontario to proclaim and bring into force Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023, and/or related regulations to:
a. require that when landlords provide a notice to terminate a tenancy for repairs or renovations, that it be accompanied by a report from a qualified person confirming that the renovations/repairs are so extensive that they require vacant possession of the rental unit. A qualified person should include someone with professional qualifications who is licensed and required to meet professional and ethical obligations under provincial legislation (e.g. architects and professional engineers);
b. require landlords to provide tenants who have provided notice that they wish to have a right of first refusal to return to the unit with written notice of the estimated completion date, any changes to this date, and final notification once the renovations/repairs are completed;
c. require landlords to provide tenants with a grace period of at least 60 days after the rental unit is ready for occupancy, to allow tenants to move back in and provide the required 60-day notice to end their tenancy in their temporary accommodation; and
d. allow tenants whose landlords fail to provide the required written notices, the grace period and/or the right of first refusal to apply to the Landlord and Tenant Board (LTB) for a remedy until the later of two years after the tenant moved out or six months after renovations/repairs are completed;
THEREFORE IT FURTHER BE RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to request to the Province of Ontario to amend the Residential Tenancies Act, 2006, and/or related regulations to:
a. reintroduce vacancy control legislation which ties rents to residential units rather than tenancies;
b. introduce rent control to cover units first occupied after November 15, 2018;
c. require landlords of residential units to be responsible for finding temporary accommodation or provide sufficient relocation assistance for their tenants for the duration of the renovations if tenants intend to return post-repair/renovation;
d. require landlords to obtain a building permit before issuing an N13 notice of termination, provide a copy of the applicable permit to tenants together with any N13 notice of termination, require evidence that the permit was delivered with the N13 notice of termination as part of any L2 application to end a tenancy filed on that basis, and require the approved permit be provided to the LTB as part of any L2 application to end a tenancy filed on the basis of an N13 notice of termination;
e. provide the same rights and compensation afforded to tenants in buildings with five (5) or more units to those in buildings with less than five (5) units;
f. increase the required compensation for tenants in no-fault evictions;
g. remove ex parte eviction orders for breached repayment agreements;
h. require landlords to attach a plain-language tenants’ rights information package to N13 eviction notices (similar to the City of Toronto's Eviction Prevention Handbook);
i. regulate N11s and buy-out agreements; and
j. amend Above Guideline Increase (AGI) rules to eliminate the eligibility of capital expenditures that constitute general repair and maintenance of the property; add a new subsection requiring landlords to save 10 percent of rental income to be accessed for capital expenditures; and require landlords to notify tenants of the decrease in advance of the date when rent is required to be reduced as specified in an order permitting an AGI related to eligible capital expenses;
THEREFORE BE IT FURTHER RESOLVED that the City of Kitchener supports the resolution adopted by the City of Toronto to urge to the Province of Ontario to make the following operational changes to the Landlord Tenant Tribunal (LTB):
a. allow tenants the right to in-person LTB hearings to eliminate technological barriers for individuals who do not have access to digital devices or reliable internet connection;
b. simplify LTB notices with plain language so they are easily understood and ensure all forms include a tracking number that is linked to a public registry; and
c. establish a provincial rental registry that tracks building ownership, rental rates, AGIs and their expiry dates, and LTB eviction filings and their outcomes; and monitor data on N12 and N13 evictions.
THEREFORE BE IT FINALLY BE RESOLVED that a copy of this motion be sent to the Association of Municipalities of Ontario, the Premier of Ontario, the Ministry of Municipal Affairs and housing, all other municipalities within Ontario, the Region of Waterloo and other Municipalities for their consideration and possible endorsement.”