The Committee considered Corporate Services Department report COR-2024-233, dated May 8, 2024, recommending approval of the new Shared Accommodation By-law; approval of the fees set out in Report COR-2024-233; approval of the request to hire (3) Three Full Time Equivalents (FTEs); and, approval of the purchase of Granicus host compliance software.
K. VanderGeld, Manager, Licensing, and N. Goss, Manager, Policy and Research provided a joint presentation related to item 5.1. Shared Accommodation By-law and item 5.2, City-Wide Lodging House Review. A. Fusco, Director, Legislated Services, M. Seiling, Director, Building, and G. MacNeil, Director, Enforcement were also in attendance to respond to questions from the Committee.
A. Oestreicher, Conestoga Students Inc., was in attendance in support of item 5.1. Shared Accommodation By-law, noting concerns regarding the definition of lodging houses meaning dwellings of 5 people or more, excluding the landlord. A. Oestreicher noted if the current definition is upheld, excluding landlord occupied rental properties, only 35.5% of student renters from Conestoga College living in lodging houses would be protected.
M. Aisling, Waterloo Region Yes in My Backyard, provided comments in support of the proposed By-law, noting lodging houses are a vital instrument in increasing affordable housing and preventing homelessness.
J. Noel was in attendance in opposition to the proposed By-law, noting the licensing of lodging houses has not received the monitoring and enforcement required to date. J. Noel noted only 20 lodging homes in the City of Kitchener have been legally licensed. J. Noel requested the 20 licensed lodging houses remain subject to the previously existing By-law due to the onerous requirements of the proposed shared accommodation by-law. In response to questions from the Committee, J. Noel noted yearly criminal background checks should not be required to apply or renew the lodging house license, rather owners of the lodging house can sign an attestation that if their criminal record status changes, they will inform licensing staff. Further, J. Noel noted a criminal background check requirement every 3-5 years would be reasonable. J. Noel noted support for the status of lodging that are currently legally licensed to become subject to the proposed shared accommodation by-law, if the property is sold.
L. Intini provided comments in support of the shared accommodation by-law. L. Intini suggested if there are any violations to a licensing regulation, renters also be notified of the infraction.
C. Michaud left the meeting at this time and re-entered.
A. Lavender provided comments in opposition to the proposed by-law, noting AirBnB homes do not fall under the definition of a lodging house. It was noted AirBnB properties are already heavily regulated and with the proposed licensing fees, profits from AirBnB would be reduced significantly. In response to questions from the Committee, A. Lavender noted licensing AirBnBs is not the way to regulate landlords who house a significant number of individuals.
In response to questions from the Committee, G. MacNeil noted the property standards by-law has been amended to address appropriate garbage collection for lodging houses or violations to property standards.
In response to questions from the Committee, N. Goss noted the definition of the lodging house is in alignment with the Building Code.
Mayor B. Vrbanovic left the meeting at this time.
In response to questions from the Committee, K. VanDerGeld noted revocation of a license would be a last resort, likely due to significant health and safety matters.
Mayor B. Vrbanovic left the meeting at this time.
P. Singh left the meeting at this time. D. Chapman assumed Chair.
In response to questions from the Committee, K. VanDerGeld noted Staff will report back the number of unlicensed lodging houses to the Committee.
It was noted Staff will begin the implementation of the proposed shared by-law likely by targeting areas where there are known property standards issues with existing lodging houses.
M. Johnston left the meeting at this time.
Councillor P. Singh re-entered to the meeting at this time and resumed Chair.
In response to questions concerning the ability to grant exceptions to the proposed by-law, for lodging houses previously licensed, K. VanDerGeld noted Staff would report back to the Committee with further information on this matter. K. VanDerGeld noted the template of the proposed renters code would be developed by Staff and provided to licensed property owners to post at their properties. It was noted licensed property owners would be permitted to add additional details to the posted renters code that were specific to their property.
D. Schnider left the meeting at this time and returned.
In response to questions from the Committee, N. Goss noted Staff did not wish for lodging house license approval to be restricted by the number of parking spaces provided. However it was noted duplexes are required to have at least one parking space and property owners at their discretion may create additional parking spaces.
In response to questions from the Committee, M. Seiling noted the Building Code does not regulate the number of bathrooms required in a lodging house.
In response questions from the Committee, it was noted Staff will require additional legal consultation regarding the potential collection of renter information, for those residing in a lodging house.
Mayor B. Vrbanovic brought forward a motion to refer the recommendation outlined in Corporate Services Department report, COR-2024-233 to the June 24, 2024 Council meeting to allow Staff the opportunity to provide further information related to matters raised this date including but not limited to: common living areas for lodging houses, the potential for there to be 'legal non-confirming' lodging houses for lodging houses that are currently licensed, maximum bedrooms for short term rentals, criminal record checks of lodging house licensees, occupancy in comparison to leasing agreements, the requirement for licensees to submit floor plans, parking requirements for lodging houses, number of kitchens required in lodging houses, number of bathrooms required in lodging houses and joint tenancy lease agreements.
The Committee requested Staff provide a yearly update on the licensing of lodging houses,