Item - 2020.PH15.10
Tracking Status
- City Council adopted this item on July 28, 2020 with amendments.
- This item was considered by Planning and Housing Committee on July 13, 2020 and was adopted with amendments. It will be considered by City Council on July 28, 2020.
PH15.10 - City of Toronto Submission on Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on July 28 and 29, 2020, adopted the following:
1. City Council request the Province of Ontario, through the Ministry of the Attorney General, the Ministry of Children, Community and Social Services and the Ministry of Municipal Affairs and Housing to:
a. provide open data on eviction applications heard before the Landlord and Tenant Board, including the type of notice provided by landlords to tenants, the type of application made by landlords to the Landlord and Tenant Board, the size of the household before the Landlord and Tenant Board and the outcome of the application, including the content of any orders (i.e., evicted, not evicted, ordered to repay arrears, etc.);
b. identify tenants in need of housing support services through the eviction process and provide these services for every household that is evicted through the Landlord and Tenant Board, with a goal of timely re-housing;
c. provide and fund emergency shelter spaces and related supports in municipalities for households evicted through the Landlord and Tenant Board at no cost to the municipality until proper housing can be provided for those households; and
d. invest in the development of affordable rental housing and housing benefits in municipalities, commensurate with population and core housing need, and prioritize access for renters who have been evicted and for those who are paying more than 30 percent of income on rent and may be at risk of being evicted.
2. City Council adopt the positions on Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020, as outlined in Appendix A to the report (June 26, 2020) from the Executive Director, Housing Secretariat, and direct the Executive Director, Housing Secretariat to formally submit Appendix A to the report (June 26, 2020) from the Executive Director, Housing Secretariat, as amended by Part 1 above, to the Ontario Ministry of Municipal Affairs and Housing.
3. City Council direct the City Solicitor to commence a challenge to those amendments of The Protecting Tenants and Strengthening Community Housing Act, 2020, outlined in the supplementary report (July 26, 2020) from the City Solicitor on the basis that they are contrary to rules of procedural fairness and natural justice, and on any other grounds the City Solicitor determines to be appropriate, and City Council direct the City Solicitor to take any necessary action to achieve a stay of those provisions until such time as a final decision has been rendered in respect of the challenge.
4. City Council direct that Confidential Attachment 1 to the supplementary report (July 26, 2020) from the City Solicitor remain confidential in its entirety, as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment 1 to the supplementary report (July 26, 2020) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148392.pdf
Appendix A - City of Toronto Submission on Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148397.pdf
Appendix B - Summary of City of Toronto Recommendations on Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148398.pdf
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-153814.pdf
Confidential Attachment 1
Communications (Committee)
https://www.toronto.ca/legdocs/mmis/2020/ph/comm/communicationfile-109888.pdf
(July 13, 2020) Letter from Aaron Caplan (PH.New.PH15.10.2)
Communications (City Council)
https://www.toronto.ca/legdocs/mmis/2020/cc/comm/communicationfile-114228.pdf
Motions (City Council)
That City Council request the Province to consider amendments to Bill 184 which balance both protecting tenants and landlords, and to ensure new landlords, in particular small landlords, remain attracted to providing property for rent.
Vote (Amend Item (Additional)) Jul-29-2020
Result: Lost | Majority Required - PH15.10 - Holyday - motion 1 |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Denzil Minnan-Wong, James Pasternak |
Total members that voted No: 17 | Members that voted No are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
Total members that were Absent: 2 | Members that were absent are Gary Crawford, Jaye Robinson |
That City Council direct the City Solicitor to commence a challenge to those amendments of The Protecting Tenants and Strengthening Community Housing Act, 2020, outlined in the supplementary report (July 26, 2020) from the City Solicitor on the basis that they are contrary to rules of procedural fairness and natural justice, and on any other grounds the City Solicitor determines to be appropriate, and City Council direct the City Solicitor to take any necessary action to achieve a stay of those provisions until such time as a final decision has been rendered in respect of the challenge.
Vote (Amend Item (Additional)) Jul-29-2020
Result: Carried | Majority Required - PH15.10 - Perks - motion 2a |
---|---|
Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
Total members that voted No: 2 | Members that voted No are Michael Ford, Stephen Holyday |
Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
That City Council adopt the following recommendation in the report (July 26, 2020) from the City Solicitor [PH15.10a]:
1. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it contains advice which is subject to solicitor-client privilege.
Vote (Amend Item (Additional)) Jul-29-2020
Result: Carried | Majority Required - PH15.10 - Perks - motion 2b |
---|---|
Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
Total members that voted No: 2 | Members that voted No are Michael Ford, Stephen Holyday |
Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
Vote (Adopt Item as Amended) Jul-29-2020
Result: Carried | Majority Required - PH15.10 - Adopt the Item as amended |
---|---|
Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, John Tory, Kristyn Wong-Tam |
Total members that voted No: 2 | Members that voted No are Michael Ford, Stephen Holyday |
Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
PH15.10 - City of Toronto Submission on Bill 184 - Protecting Tenants and Strengthening Community Housing Act, 2020
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Planning and Housing Committee recommends that:
1. City Council request the Province of Ontario, through the Ministry of the Attorney General, the Ministry of Children, Community and Social Services and the Ministry of Municipal Affairs and Housing to:
a. provide open data on eviction applications heard before the Landlord and Tenant Board, including the type of notice provided by landlords to tenants, the type of application made by landlords to the Landlord and Tenant Board, the size of the household before the Landlord and Tenant Board and the outcome of the application, including the content of any orders (i.e., evicted, not evicted, ordered to repay arrears, etc.);
b. identify tenants in need of housing support services through the eviction process and provide these services for every household that is evicted through the Landlord and Tenant Board, with a goal of timely re-housing;
c. provide and fund emergency shelter spaces and related supports in municipalities for households evicted through the Landlord and Tenant Board at no cost to the municipality until proper housing can be provided for those households; and
d. invest in the development of affordable rental housing and housing benefits in municipalities, commensurate with population and core housing need, and prioritize access for renters who have been evicted and for those who are paying more than 30 percent of income on rent and may be at risk of being evicted.
2. City Council adopt the positions on Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020, as outlined in Appendix A, and direct the Executive Director, Housing Secretariat, to formally submit Appendix A, to the report (June 26, 2020) from the Executive Director, Housing Secretariat, as amended by Recommendation 1 above, to the Ontario Ministry of Municipal Affairs and Housing.
Decision Advice and Other Information
The Planning and Housing Committee:
1. Directed the City Solicitor to report directly to City Council at its meeting on July 28 and 29, 2020 with advice on the possibility of legally challenging those provisions of Bill 184 which undermine the rights of tenants to a fair hearing.
Origin
Summary
On March 12, 2020 the provincial government introduced Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020. This Bill amends the Residential Tenancies Act, 2006, Building Code Act, 1992, Housing Services Act, 2011 and enacts the Ontario Mortgage and Housing Corporation Repeal Act, 2020. The Bill passed Second Reading on May 27, 2020 and was referred to the Standing Committee on Social Policy. On June 16, 2020 the notice of hearings was posted with a deadline for submissions June 26, 2020.
This reports seeks approval for the attached submission provided to the Standing Committee on Social Policy on June 26, 2020. The submission was informed by previous Council positions.
Background Information
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148392.pdf
Appendix A - City of Toronto Submission on Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148397.pdf
Appendix B - Summary of City of Toronto Recommendations on Bill 184 Protecting Tenants and Strengthening Community Housing Act, 2020
https://www.toronto.ca/legdocs/mmis/2020/ph/bgrd/backgroundfile-148398.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2020/ph/comm/communicationfile-109888.pdf
(July 13, 2020) Letter from Aaron Caplan (PH.New.PH15.10.2)
Speakers
Marcia Stone, Weston ACORN
Motions
That:
1. The Planning and Housing Committee direct the City Solicitor to report directly to City Council at its meeting on July 28 and 29, 2020 with advice on the possibility of legally challenging those provisions of Bill 184 which undermine the rights of tenants to a fair hearing.
Vote (Amend Item (Additional)) Jul-13-2020
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Ana Bailão (Chair), Brad Bradford, Paula Fletcher, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 0 | Members that were absent are |
That:
1. City Council request the Province of Ontario, through the Ministry of the Attorney General, the Ministry of Children, Community and Social Services and the Ministry of Municipal Affairs and Housing to:
a. provide open data on eviction applications heard before the Landlord and Tenant Board, including the type of notice provided by landlords to tenants, the type of application made by landlords to the Landlord and Tenant Board, the size of the household before the Landlord and Tenant Board and the outcome of the application, including the content of any orders (i.e., evicted, not evicted, ordered to repay arrears, etc.);
b. identify tenants in need of housing support services through the eviction process and provide these services for every household that is evicted through the Landlord and Tenant Board, with a goal of timely re-housing;
c. provide and fund emergency shelter spaces and related supports in municipalities for households evicted through the Landlord and Tenant Board at no cost to the municipality until proper housing can be provided for those households; and
d. invest in the development of affordable rental housing and housing benefits in municipalities, commensurate with population and core housing need, and prioritize access for renters who have been evicted and for those who are paying more than 30 percent of income on rent and may be at risk of being evicted.
Vote (Amend Item (Additional)) Jul-13-2020
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Ana Bailão (Chair), Brad Bradford, Paula Fletcher, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 0 | Members that were absent are |
Vote (Adopt Item as Amended) Jul-13-2020
Result: Carried | Majority Required |
---|---|
Total members that voted Yes: 6 | Members that voted Yes are Ana Bailão (Chair), Brad Bradford, Paula Fletcher, Jennifer McKelvie, Gord Perks, Kristyn Wong-Tam |
Total members that voted No: 0 | Members that voted No are |
Total members that were Absent: 0 | Members that were absent are |