Item - 2016.LS11.4

Tracking Status

  • City Council adopted this item on June 7, 2016 without 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.

LS11.4 - Proposed Framework for Multi-Residential Rental Property Licence

Decision Type:
ACTION
Status:
Adopted
Wards:
All

City Council Decision

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

 

1.  City Council direct the Executive Director, Municipal Licensing and Standards to conduct public consultation on the proposed framework for a multi-residential rental property licence, such consultation to seek input on a variety of staffing and service levels; and report back in the fall of 2016 on:

 

                  a.  the consultation findings;

                  b.  a draft by-law;

                  c.  associated fee;

                  d.  budget and staffing model;

                  e.  proposed administrative monetary penalties;

                  f.  final proposed licensing fees;

                  g.  public education, communication and tenant engagement plan;

                  h.  technology requirements;

                  i.  implementation schedule; and

                  j.  fee reductions for demonstrated compliance with property standards by-laws.

Background Information (Committee)

(May 3, 2016) Report from the Executive Director, Municipal Licensing and Standards, on Proposed Framework for Multi-Residential Rental Property Licence
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92900.pdf
Attachment 1 - Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92891.pdf

Communications (Committee)

(May 19, 2016) Letter from Kenn Hale, Director, Legal Services, Advocacy Centre for Tenants Ontario (ACTO) (LS.New.LS11.4.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60862.pdf
(May 19, 2016) Submission from Ted Whitehead (on file in the City Clerk's Office) (LS.New.LS11.4.2)

Communications (City Council)

(June 7, 2016) Letter from Daryl Chong, President and Chief Executive Officer, Greater Toronto Apartment Association (CC.New.LS11.4.3)
https://www.toronto.ca/legdocs/mmis/2016/cc/comm/communicationfile-61162.pdf
(June 5, 2016) E-mail from Kate MacKinnon (CC.New.LS11.4.4)

Motions (City Council)

Motion to Adopt Item (Carried)

Vote (Adopt Item) Jun-08-2016 6:34 PM

Result: Carried Majority Required - LS11.4 - Adopt the item
Total members that voted Yes: 33 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Michelle Holland, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are John Campbell, Christin Carmichael Greb, Stephen Holyday, Giorgio Mammoliti, Denzil Minnan-Wong, James Pasternak
Total members that were Absent: 5 Members that were absent are Justin J. Di Ciano, Frank Di Giorgio, Jim Karygiannis, Norman Kelly, Ron Moeser

Motion to End Debate moved by Councillor Mary Fragedakis (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Item LS11.4 and take the vote immediately.

Vote (End Debate) Jun-08-2016 6:33 PM

Result: Carried Two-Thirds Required - LS11.4 - Fragedakis - End debate
Total members that voted Yes: 32 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Jon Burnside, John Campbell, Shelley Carroll, Raymond Cho, Josh Colle, Joe Cressy, Vincent Crisanti, Janet Davis, Sarah Doucette, John Filion, Mary Fragedakis, Mark Grimes, Michelle Holland, Stephen Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Christin Carmichael Greb, Glenn De Baeremaeker, Paula Fletcher, Denzil Minnan-Wong, Anthony Perruzza, David Shiner
Total members that were Absent: 6 Members that were absent are Gary Crawford, Justin J. Di Ciano, Frank Di Giorgio, Jim Karygiannis, Norman Kelly, Ron Moeser

4a - Proposed Framework for Multi-Residential Rental Property Licence

Background Information (Committee)
(May 17, 2016) Letter from the Tenant Issues Committee on Proposed Framework for Multi-Residential Rental Property Licence
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93145.pdf

LS11.4 - Proposed Framework for Multi-Residential Rental Property Licence

Decision Type:
ACTION
Status:
Amended
Wards:
All

Committee Recommendations

The Licensing and Standards Committee recommends that:

 

1. City Council direct the Executive Director, Municipal Licensing and Standards to conduct public consultation on the proposed framework for a multi-residential rental property licence, such consultation to seek input on a variety of staffing and service levels; and report back in the fall of 2016 on:

 

                  a.  the consultation findings,

                  b.  a draft by-law,

                  c.  associated fee,

                  d.  budget and staffing model,

                  e.  proposed administrative monetary penalties,

                  f.  final proposed licensing fees,

                  g.  public education, communication and tenant engagement plan,

                  h.  technology requirements,

                  i.  implementation schedule, and

                  j.  fee reductions for demonstrated compliance with property standards by-laws.

Origin

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

Summary

This report outlines a proposed framework for licensing multi-residential rental properties as a regulatory tool for contributing to safe and adequate rental housing in Toronto. The framework was drafted in response to direction from Licensing and Standards Committee. The report summarizes the results of a jurisdictional scan, as well as preliminary stakeholder consultations with tenant organizations, landlord groups, Toronto Community Housing and staff from relevant City divisions.

 

The licensing framework proposed in this report will be the subject of further public consultations to assess its impact on tenants, landlords and other stakeholders. The framework incorporates existing enforcement activities related to multi-residential properties such as building audits as well as in-suite inspections. It also creates additional requirements to improve the sustainability of minimum property standards in rental properties such as annual inspections and maintenance plans. The estimated costs of administering and enforcing the proposed licence are outlined in this report, including an estimated licensing fee of $12 to $15 per unit based on cost recovery. However, further analysis is required.

 

This report also responds to other opportunities and challenges raised during the stakeholder consultations and Committee meetings related to the licensing framework and strengthening the City's response to non-compliant landlords.

 

Legal Services and Shelter, Support and Housing Administration were consulted in the preparation of this report.

Background Information

(May 3, 2016) Report from the Executive Director, Municipal Licensing and Standards, on Proposed Framework for Multi-Residential Rental Property Licence
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92900.pdf
Attachment 1 - Jurisdictional Scan
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-92891.pdf

Communications

(May 19, 2016) Letter from Kenn Hale, Director, Legal Services, Advocacy Centre for Tenants Ontario (ACTO) (LS.New.LS11.4.1)
https://www.toronto.ca/legdocs/mmis/2016/ls/comm/communicationfile-60862.pdf
(May 19, 2016) Submission from Ted Whitehead (on file in the City Clerk's Office) (LS.New.LS11.4.2)

Speakers

Yale Fox
Kenn Hale, Director of Legal Services, Advocacy Centre for Tenants Services (ACTO)
Geordie Dent, Executive Director and John Plumadore, Chair, Federation of Metro Tenants Association (FMTA)
Daryl Chong, President and CEO, Greater Toronto Apartment Association
Ted Whitehead, Director of Certification, Federation of Rental-Housing Providers of Ontario (FRPO)
Jonathan Krehm, Principal, O’Shanter Development Company Ltd
Peter Duff, Director, Technical Services, Centurion Property Associates
Gloria Salomon, CEO, Preston Group
Laura Holland, Chief Operating Officer, Timbercreek Communities
Steve Weinrieb, Director of Special Projects, Park Property Management
Justin Taylor, Chief Operating Officer, GREENROCK Real Estate Advisors
Trish MacPherson, Executive Vice President, Operations, CAPREIT
Scott Andison, President and CEO, Federation of Rental-Housing Providers of Ontario (FRPO)
Natalie Hundt, Toronto ACORN
Harold Myshrall
Helen Chilas, President and Chair, 1501 Woodbine Tenants Association

Motions

1 - Motion to Refer Item moved by Councillor Glenn De Baeremaeker (Lost)

That the item be referred to the Executive Director, Municipal Licensing and Standards, with the request that she conduct public consultation on the proposed framework for a multi-residential rental property licence, such consultation to seek input on a variety of staffing and service levels; and report back in the fall of 2016 on:

 

a.  the consultation findings,

b.  a draft by-law,

c.  associated fee,

d.  budget and staffing model,

e.  proposed administrative monetary penalties,

f.  final proposed licensing fees,

g.  public education, communication and tenant engagement plan,

h.  technology requirements,

i.  implementation schedule, and

j. fee reductions for demonstrated compliance with property standards by-laws.

Vote (Refer Item) May-19-2016

Result: Lost Majority Required
Total members that voted Yes: 2 Members that voted Yes are Glenn De Baeremaeker, Cesar Palacio (Chair)
Total members that voted No: 3 Members that voted No are Frank Di Giorgio, Jim Karygiannis, Josh Matlow
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

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

That Recommendation 1 in the report (May 3, 2016) from the Executive Director, Municipal Licensing and Standards be amended to read:

 

"1. City Council direct the Executive Director, Municipal Licensing and Standards, to conduct public consultation on the proposed framework for a multi-residential rental property licence, such consultation to seek input on a variety of staffing and service levels; and report back in the fall of 2016 on:

 

a.  the consultation findings,

b.  a draft by-law,

c.  associated fee,

d.  budget and staffing model,

e.  proposed administrative monetary penalties,

f.  final proposed licensing fees,

g.  public education, communication and tenant engagement plan,

h.  technology requirements,

i.  implementation schedule, and

j.  fee reductions for demonstrated compliance with property standards by-laws."

Vote (Amend Item (Additional)) May-19-2016

Result: Carried Majority Required
Total members that voted Yes: 5 Members that voted Yes are Glenn De Baeremaeker, Frank Di Giorgio, Jim Karygiannis, Josh Matlow, Cesar Palacio (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 1 Members that were absent are Giorgio Mammoliti

3 - Motion to Amend Item (Additional) moved by Councillor Cesar Palacio (Withdrawn)

That the Executive Director, Municipal Licensing and Standards include in her report, options to develop a full costs recovery model of fees for the Multi-Residential Apartment Audit and Enforcement Program as well as for re-inspection.

 


4 - Motion to Withdraw a Motion moved by Councillor Cesar Palacio (Carried)

That Motion 3 by Councillor Palacio be withdrawn.

Rulings

Ruling by Councillor Cesar Palacio
Rising on a Point of Privilege, Councillor De Baeremaeker stated that Councillor Matlow, in his comments, had questioned Councillor De Baeremaeker's motive in moving the motion to refer. The Chair ruled that it was not a point of privilege as Councillor Matlow's comments were not directed at Councillor De Baeremaeker personally.

4a - Proposed Framework for Multi-Residential Rental Property Licence

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

The Tenant Issues Committee, on May 17, 2016, considered Item TD3.3 regarding the Proposed Framework for Multi-Residential Rental Property Licence.

Background Information
(May 17, 2016) Letter from the Tenant Issues Committee on Proposed Framework for Multi-Residential Rental Property Licence
https://www.toronto.ca/legdocs/mmis/2016/ls/bgrd/backgroundfile-93145.pdf
Source: Toronto City Clerk at www.toronto.ca/council