Note: A Notice of Motion was brought forward by Councillor D. Chapman at the June 24, 2024 Council meeting, which was deferred to the Special Council meeting on August 12, 2024 and rescheduled for the meeting this date; to allow additional time to confirm the preferred direction. The Notice of Motion from Councillor D. Chapman related to Renoviction Legislation has since been revised and is included on the agenda for Council consideration this date.
Councillor D. Chapman has given notice to introduce the following motion for consideration this date:
"WHEREAS the City of Kitchener adopted the resolution, “‘Renovictions’ - Safe and Adequate Housing” on October 18, 2021, advocating to the Province of Ontario to take additional and meaningful steps to address the ever-increasing problem of Renovictions;
WHEREAS the City of Kitchener is taking 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 all regulations pertaining to Bill 97, Helping Homebuyers, Protecting Tenants Act, 2023,
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;
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.”