Item - 2016.LS11.3

Tracking Status

  • City Council adopted this item on June 7, 2016 with amendments.
  • This item was considered by Licensing and Standards Committee on May 19, 2016 and was adopted with amendments. It will be considered by City Council on June 7, 2016.

LS11.3 - Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on June 7, 8 and 9, 2016, adopted the following:

 

1.  City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to waive witness fees for Landlord and Tenant Board proceedings when Municipal Standards Officers are summoned to attend by a tenant.

 

2.  City Council request the Executive Director, Municipal Licensing and Standards to:

 

a.  develop policies, procedures and service standards for initiating remedial action and prosecutions for non-compliant landlords; and

 

b.  develop a system that identifies, classifies, and weights property standard violations to facilitate the future development of a building quality rating system for multi-residential buildings.


3.  City Council direct the Executive Director, Municipal Licensing and Standards, to apply the normal enforcement process for violations of a municipal by-law, including the timely escalation of enforcement to include Notice of Violation or Orders to Comply if compliance is not achieved, for alleged contraventions of Chapter 629-19 (stairway railing safety) discovered as part of Multi-Residential Apartment Building (MRAB) audits.

 

4.  City Council direct the Executive Director, Municipal Licensing and Standards to report to the Licensing and Standards Committee on an enhanced full cost recovery model for Multi-Residential Apartment Building (MRAB) Audit and Enforcement Program with additional supports and other potential measures to support tenants.

Background Information (Committee)

(May 3, 2016) Report from the Executive Director, Municipal Licensing and Standards, on Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92837.pdf
Attachment 1 - Map of MRAB Audit Locations, 2008-2015 and Map of MRAB Pre-audit Assessment Locations, 2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92885.pdf
Attachment 2 - Annual Statistics and Analysis for MRAB Activities, 2008-2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92886.pdf
Attachment 3 - MRAB Case Studies, 2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92887.pdf
Attachment 4 - Risk-based Assessment Tool for Audit Selection
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92879.pdf
Presentation from the Director of Investigation Services, Municipal Licensing and Standards on MRAB - 2015 Annual Report - Improving the quality of rental housing in Toronto
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93208.pdf

Communications (Committee)

(January 14, 2016) Letter from Geoff MacBride, President, Toronto Paramedic Association (LS.New.LS11.3.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60794.pdf
(May 18, 2016) Letter from Frank Ramagnano, President, Toronto Professional Firefighter's Association, submitted by Damien Walsh (LS.New.LS11.3.2)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60840.pdf
(May 19, 2016) Letter from Kenn Hale, Director, Legal Services, Advocacy Centre for Tenants Ontario (ACTO) (LS.New.LS11.3.3)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60861.pdf
(May 19, 2016) Submission from Jonathan Krehm, Principal, O'Shanter Development Company Ltd. (LS.New.LS11.3.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60904.pdf

Communications (City Council)

(June 7, 2016) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (CC.New.LS11.3.5)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-61181.pdf

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That City Council direct the Executive Director, Municipal Licensing and Standards to report to Licensing and Standards Committee on an enhanced full cost recovery model for Multi-Residential Apartment Building (MRAB) Audit and Enforcement Program with additional supports and other potential measures to support tenants.

Vote (Amend Item (Additional)) Jun-08-2016 4:33 PM

Result: Carried Majority Required - LS11.3 - Matlow - motion 1
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Christin Carmichael Greb, Giorgio Mammoliti
Total members that were Absent: 8 Members that were absent are Vincent Crisanti, Justin J. Di Ciano, Paula Fletcher, Norman Kelly, Ron Moeser, Anthony Perruzza, David Shiner, Michael Thompson

Vote (Amend Item (Additional)) Jun-08-2016 4:36 PM

Result: Carried Majority Required - LS11.3 - Matlow - motion 1 - REVOTE
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Giorgio Mammoliti
Total members that were Absent: 9 Members that were absent are Ana Bailão, Shelley Carroll, Justin J. Di Ciano, Paula Fletcher, Mary Fragedakis, Norman Kelly, Ron Moeser, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Motion to Reconsider Item moved by Councillor Sarah Doucette (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item LS11.3.


Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Jun-08-2016 4:38 PM

Result: Carried Majority Required - LS11.3 - Adopt the item as amended - REVOTE
Total members that voted Yes: 35 Members that voted Yes are Paul Ainslie, Maria Augimeri, Jon Burnside, John Campbell, Christin Carmichael Greb, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Mark Grimes, Michelle Holland, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 9 Members that were absent are Ana Bailão, Shelley Carroll, Justin J. Di Ciano, Paula Fletcher, Mary Fragedakis, Norman Kelly, Ron Moeser, David Shiner, Michael Thompson

Point of Privilege by Councillor Janet Davis

Councillor Davis, rising on a Point of Privilege, stated that Councillor Pasternak's comment about negativity was unparliamentary.

 

Councillor Pasternak withdrew his remarks.

3a - Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report

Background Information (Committee)
(May 17, 2016) Letter from the Tenant Issues Committee on Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93144.pdf

LS11.3 - Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1.  City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to waive witness fees for Landlord and Tenant Board proceedings when Municipal Standards Officers are summoned to attend by a tenant.

 

2.  City Council request the Executive Director, Municipal Licensing and Standards to:

 

a.  Develop policies, procedures and service standards for initiating remedial action and prosecutions for non-compliant landlords; and

 

b.  Develop a system that identifies, classifies, and weights property standard violations to facilitate the future development of a building quality rating system for multi-residential buildings.


3. City Council direct the Executive Director, Municipal Licensing and Standards, to apply the normal enforcement process for violations of a municipal by-law, including the timely escalation of enforcement to include Notice of Violation or Orders to Comply if compliance is not achieved, for alleged contraventions of Chapter 629-19 (stairway railing safety) discovered as part of Multi-Residential Apartment Building (MRAB) audits.

Decision Advice and Other Information

The Director of Investigation Services, Municipal Licensing and Standards made a presentation to the Committee.

Origin

(May 3, 2016) Report from the Executive Director, Municipal Licensing and Standards

Summary

This report provides the annual update on the Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program. The goal of the program is to ensure that minimum property and maintenance standards within multi-residential rental properties are maintained in accordance with the City's property standards by-laws and other applicable regulations. The goal contributes to ML&S's overarching vision that every person deserves a safe, secure and decent place to live. Since 2008, the program has audited 1,046 rental apartment buildings in Toronto.

 

This report describes operational enhancements undertaken in 2015 to improve efficiency and increase the impact of the MRAB program on the quality of rental housing in Toronto. The enhancements focussed on resolution and escalated enforcement, increased landlord engagement, new collaborations with stakeholders and a city-wide tenant education campaign. In response to requests from tenant organizations, this report proposes that City Council delegate to the Executive Director, Municipal Licensing and Standards the authority to waive witness fees for Landlord and Tenant Board proceedings when Municipal Standards Officers are summoned to attend by a tenant.

 

This report also provides 2015 year-end data related to program activities. In 2015, MRAB staff conducted 193 pre-audit assessments and 84 audits of multi-residential apartment buildings. Staff also conducted 1,917 re-inspections, closing 575 orders and rectifying 6,607 deficiencies. In response to wilfully non-compliant building owners, staff conducted six remedial actions that resulted in $111, 331.94 being added to the owners' property taxes. As a result of these activities, the rate of compliance with orders in private and TCH-owned buildings has increased from 82% to 89% since the last annual report.

Background Information

(May 3, 2016) Report from the Executive Director, Municipal Licensing and Standards, on Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92837.pdf
Attachment 1 - Map of MRAB Audit Locations, 2008-2015 and Map of MRAB Pre-audit Assessment Locations, 2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92885.pdf
Attachment 2 - Annual Statistics and Analysis for MRAB Activities, 2008-2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92886.pdf
Attachment 3 - MRAB Case Studies, 2015
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92887.pdf
Attachment 4 - Risk-based Assessment Tool for Audit Selection
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92879.pdf
Presentation from the Director of Investigation Services, Municipal Licensing and Standards on MRAB - 2015 Annual Report - Improving the quality of rental housing in Toronto
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93208.pdf

Communications

(January 14, 2016) Letter from Geoff MacBride, President, Toronto Paramedic Association (LS.New.LS11.3.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60794.pdf
(May 18, 2016) Letter from Frank Ramagnano, President, Toronto Professional Firefighter's Association, submitted by Damien Walsh (LS.New.LS11.3.2)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60840.pdf
(May 19, 2016) Letter from Kenn Hale, Director, Legal Services, Advocacy Centre for Tenants Ontario (ACTO) (LS.New.LS11.3.3)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60861.pdf
(May 19, 2016) Submission from Jonathan Krehm, Principal, O'Shanter Development Company Ltd. (LS.New.LS11.3.4)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60904.pdf

Speakers

Kenn Hale, Director, Legal Services, Advocacy Centre for Tenants Ontario (ACTO)
Daryl Chong, President and CEO, Greater Toronto Apartment Association
Randall and Christine Chaiet
Harold Myshrall
Helen Chilas, President and Chair, 1501 Woodbine Tenants Association

Motions

1 - Motion to Amend Item (Additional) moved by Councillor Josh Matlow (Carried)

That City Council request the Executive Director, Municipal Licensing and Standards to:

 

1.  Develop policies, procedures and service standards for initiating remedial action and prosecutions for non-compliant landlords.

 

2.  Develop a system that identifies, classifies, and weights property standard violations to facilitate the future development of a building quality rating system for multi-residential buildings.


2 - Motion to Amend Item (Additional) moved by Councillor Cesar Palacio (Carried)

That City Council direct the Executive Director, Municipal Licensing and Standards, to apply the normal enforcement process for violations of a municipal by-law, including the timely escalation of enforcement to include Notice of Violation or Orders to Comply if compliance is not achieved, for alleged contraventions of Chapter 629-19 (stairway railing safety) discovered as part of MRAB audits.


3 - Motion to Adopt Item as Amended moved by Councillor Cesar Palacio (Carried)

3a - Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report

Origin
(May 17, 2016) Letter from the Tenant Issues Committee
Summary

The Tenant Issues Committee, on May 17, 2016, considered Item TD3.2 regarding the Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report.

Background Information
(May 17, 2016) Letter from the Tenant Issues Committee on Multi-Residential Apartment Buildings (MRAB) Audit and Enforcement Program - 2015 Annual Report
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93144.pdf
Source: Toronto City Clerk at www.toronto.ca/council