Item - 2022.PH35.22

That:

 

1. City Council enact zoning by-law amendments substantially in accordance with Attachments 1 and 2 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health, attached to this motion as Attachments 1 and 2.

 

2. City Council authorize the City Solicitor to make such stylistic and technical changes to each zoning by-law amendment as may be required.

 

New multi-tenant house licensing by-law

 

3. City Council direct that, effective November 1, 2022, a new by-law titled Toronto Municipal Code Chapter 575, Multi-tenant Houses, be established substantially in the form attached as Attachment 4 to the report (June 15, 2021) from the Chief Planner and Executive Director, City Planning, the Executive Director, Municipal Licensing and Standards, the Executive Director, Housing Secretariat, the Executive Director, Toronto Building, the Acting Fire Chief and General Manager, Toronto Fire Services and the Medical Officer of Health, attached to this motion as Attachment 3, and in accordance with City Council's decision to adopt the by-law.

 

4. City Council repeal former City of Toronto Chapter 285, Rooming Houses, and former City of Etobicoke Chapter 166, Lodging Houses effective November 1, 2022.

 

Definitions

 

5. City Council direct that the new by-law include the following definitions:

 

MULTI-TENANT HOUSE –

(1) A building with four or more multi-tenant house rooms, inhabited or intended to be inhabited by persons who do not live together as a single housekeeping unit.

 

For the purposes of this definition of a multi-tenant house, a “multi-tenant house room” is a room that:

 

(a) Is used or intended to be used for living accommodation and is used or intended to be used as a bedroom;

 

(b) Is available for rent; and

 

(c)  May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both.

 

(2) A building located within the area bounded on the north by Dundas Street West, on the east by Dufferin Street and the rail lines, on the South by Lake Shore Boulevard West and on the west by Roncesvalles Avenue, where:

 

(a) The building is a converted house as defined in former City of Toronto General Zoning By-law No. 438-86;

 

(b) The building contains more than three dwelling units;

 

(c)  The average floor area of the dwelling units is less than 65 square metres; and

 

(d) One or more dwelling units are intended to be used in return for remuneration.

 

For the purposes of this definition of a multi-tenant house, a "dwelling unit" is living accommodation for persons living together as a single housekeeping unit, in which both food preparation and sanitary facilities are provided for the exclusive use of the occupants of the unit.

 

(3) A student fraternity or sorority house with four or more bedrooms, inhabited or intended to be inhabited by students who are members of an active chapter of a bona fide national or international student fraternity or sorority.

 

For the purposes of this definition of a student fraternity or sorority house, a “bedroom” is a room that:

 

(a) Is used or intended to be used as a bedroom; and

 

(b) May include a bathroom or kitchen facilities for the exclusive use of the room's occupant but does not include both.

 

(4) A multi-tenant house does not include:

 

(a) Residential premises licensed or similarly approved of by the Government of Ontario or the Government of Canada;

 

(b) Shelters operated by or on behalf of the City or a City agency which provide short-term emergency accommodation and associated services;

 

(c)  Student housing operated by a college or university;

 

(d) Co-operative student residences owned or leased by a non-profit, non-share corporation and providing housing accommodation on a co-operative basis; or

 

(e) Hotels or motels.

 

OPERATOR — A person who owns or controls the business of operating a Multi-Tenant House.

 

PERSONAL-CARE MULTI-TENANT HOUSE – A multi-tenant house where personal-care services are provided.

 

PERSONAL-CARE SERVICES –

 

(1) Services provided to tenants including but not limited to furnished multi-tenant house rooms, 24-hour urgent care response, safe storage and access to prescribed drugs, meals and snacks, personal laundry and opportunity to participate in social and/or recreational activities.

 

(2) Personal-care services do not include services provided by a regulated health professional

 

URGENT SERVICE REQUEST - Any tenant service request related to the discontinuance of the following vital services:

 

(1) Fuel;

 

(2) Electricity;

 

(3) Gas;

 

(4) Heat; and

 

(5) Hot or cold water.

 

Multi-tenant house licensing

 

6. City Council direct that no person operate without the appropriate licence and that all operators operate in compliance with the chapter, their licence, and any conditions added to their licence.

 

7. City Council direct that when a completed application to renew a licence has been provided to the Executive Director, Municipal Licensing and Standards, the existing licence does not expire until a final decision on the licence renewal has been made and the operator shall maintain their existing licence in good standing including remaining responsible for the operation of the multi-tenant house in compliance with the chapter at all times.

 

8. City Council direct that the following two licence categories be established for multi-tenant houses:

 

(1) Type A: Multi-tenant house (which is not a personal-care multi-tenant house); and

 

(2) Type B: Personal-care multi-tenant house.

 

9. City Council direct that the term of a multi-tenant house licence be 12 months unless otherwise provided for in the chapter, and that each operator must renew their licence each year by submitting a renewal application.

 

10. City Council require that an applicant for an initial licence provide the following information to the Executive Director, Municipal Licensing and Standards (MLS), as part of their application, and that the Executive Director determine what an applicant must submit as part of a licence renewal application:

 

(1) The name and contact information of the operator;

 

(2) The address of the property where the multi-tenant house is located;

 

(3) The name and contact information of the property owner;

 

(4) For multi-tenant houses that contain 10 or more multi-tenant rooms or dwelling units on first applying for a licence under this chapter, or for any multi-tenant house where required by the Executive Director, proof of an electrical evaluation by a licensed electrical contractor or qualified person; logs of service; and/or a certificate of inspection from the Electrical Safety Authority that confirms the multi-tenant house complies with the Ontario Electrical Safety Code;

 

(5) Proof of compliance with zoning when applying for an initial licence and a statement confirming no change to such compliance on renewal where appropriate;

 

(6) Plans showing: compliance with the Ontario Fire Code; the exterior and interior layout of the premises; the maximum number of tenants to be provided with living accommodation; and the processes for waste management, property management, tenant service requests and pest management;

 

(7) For Personal-care multi-tenant houses, the name and contact information for the person-in-charge and proof of the qualifications of the operator and their staff to ensure the proper care of tenants, including educational requirements and background checks.

 

(8) For Personal-care multi-tenant houses, a safety plan that describes the measures and procedures that are in place to protect the health and safety of the tenants in a form satisfactory to the Medical Officer of Health;

 

(9) For Personal-care multi-tenant houses, a personal care plan that describes how the operator will manage tenant admissions and tenant care in a form satisfactory to the Medical Officer of Health;

 

(10) The application or renewal fee for the licence set out in Chapter 441, Fees and Charges; and

 

(11) Any other information as required by the Executive Director, MLS, or the Medical Officer of Health.

 

11. City Council direct that on receipt of a complete application, the operator, Municipal Licensing and Standards, provide notice to the tenants of the multi-tenant house by posting the notice of application on the notice board in the multi-tenant house.

 

12. City Council direct that upon submission of a complete application, the Executive Director, Municipal Licensing and Standards, may cause an inspection to be made of the multi-tenant house by any authority having jurisdiction to determine whether the multi-tenant house complies with all applicable law, including the Ontario Fire Code and Ontario Building Code.

 

13. City Council direct that the Executive Director, Municipal Licensing and Standards, may issue a licence for a multi-tenant house where:

 

(1) The licence application is complete and in compliance with the chapter, including the payment of any required fee; and

 

(2) The required inspections have been completed and the results provided to the Executive Director, MLS, indicate that the premises complies with the applicable by-laws and laws, including the Ontario Fire Code and the Ontario Building Code.

 

14. City Council direct that the Executive Director, Municipal Licensing and Standards, may refuse an application for a licence where:

 

(1) The operator has not met one or more of the requirements under the chapter or one of more of conditions on their current licence;

 

(2) The operator has not complied with the chapter or applicable law, including the Ontario Fire Code and the Ontario Building Code;

 

(3) The licence applicant or the operator has provided information in an application or by other means that is false or misleading;

 

(4) The operator has not paid any fee to be paid under the chapter;

 

(5) The operator has not paid any fine or court awarded costs resulting from a legal proceeding related to the chapter;

 

(6) The operator has not complied with any prohibition or other court order resulting from any legal proceeding related to the chapter;

 

(7) The operation of the multi-tenant house:

 

(a) Would put the public safety at risk; or

 

(b) Is not or will not be carried on in compliance with the law.

 

(8) The conduct of the operator (including, in the case of partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity.

 

15. City Council direct that where the Executive Director, Municipal Licensing and Standards, refuses an application for a licence, notice shall be provided to the applicant together with the reasons for the refusal.

 

16. City Council direct that an applicant may appeal a refusal of an application to the Multi-Tenant House Licensing Tribunal by filing an appeal in a form satisfactory to the Multi-Tenant House Licensing Tribunal to the tribunal by no later than 30 days from the date of the refusal.

 

17. City Council direct that where an applicant appeals a refusal of an application to the Multi-Tenant House Licensing Tribunal, the Tribunal will schedule a hearing, notifying applicant and the Executive Director, Municipal Licensing and Standards who will provide the Tribunal with the refusal on receiving the notice.

 

18. City Council direct that the Executive Director, Municipal Licensing and Standards may, at any time, refer a licence application or a licence to the Multi-Tenant House Licensing Tribunal with a recommendation that the licence be refused, revoked, suspended or continued with conditions, and that the referral include the reasons for that recommendation.

 

19. City Council direct that where an applicant appeals a refusal or a recommendation from the Executive Director, Municipal Licensing and Standards, is referred, the Multi-Tenant House Licensing Tribunal will preside over a hearing, after giving notice to the applicant or licence holder and the Executive Director, MLS, where the Multi-Tenant House Licensing Tribunal, and render decisions based on the evidence presented in accordance with the Tribunal's Procedure By-law and the Statutory Powers Procedure Act and may:

 

(1) Uphold the recommendation of the Executive Director, Municipal Licensing and Standards;

 

(2) Issue (with or without conditions), refuse, suspend or revoke the licence; or

 

(3) Add conditions to the licence.

 

20. City Council direct that the Tribunal be authorized to attach conditions to a licence including, but not limited to requiring the operator to:

 

(1) Comply with by-laws or other laws or legal requirements and provide proof of such compliance;

 

(2) Pay a fine or other court awarded costs resulting from a legal proceeding related to this chapter and to provide proof of such payment;

 

(3) Comply with a prohibition or other court order resulting from a legal proceeding related to the chapter and to provide proof of such compliance;

 

(4) Supply additional information on convictions under federal or provincial legislation or periodic updates of such convictions or both to the Executive Director, Municipal Licensing and Standards;

 

(5) Supply information to verify evidence given at their hearing; or

 

(6) Ensure that the persons operating a multi-tenant house do so in compliance with the law and with honesty and integrity.

 

21. City Council direct that the Multi-Tenant House Licensing Tribunal shall have regard to the following matters when relevant, as may be raised at a hearing:

 

(1) The chapter and other applicable law;

 

(2) Circumstances and facts raised by the evidence of the parties;

 

(3) If the operation of the multi-tenant house puts or could put public safety at risk;

 

(4) If the operation of the multi-tenant house is or will be carried on in compliance with the law; and

 

(5) If the conduct of the operator (including, in the case of a partnership, the conduct of its partners, employees or agents or in the case of a corporation, the conduct of its officers, directors, employees or agents) affords reasonable grounds for belief that the operator will not operate the multi-tenant house in compliance with the law or with honesty or integrity.

 

22. City Council direct that the Executive Director, Municipal Licensing and Standards, may revoke a licence with no refund where:

 

(1) The licence has been issued in error; or

 

(2) The licence has been issued as a result of inaccurate, misleading or otherwise incorrect information provided by the applicant.

 

And the Executive Director, Municipal Licensing and Standards, shall give notice to the Operator of the revocation.

 

23. City Council require that an operator must notify the Executive Director, Municipal Licensing and Standards, at least 90 days in advance of a change in operator with the new operator applying for a new licence while the existing operator maintains the multi-tenant house in compliance with the chapter in the interim.

 

24. City Council direct that no licence under the chapter shall be transferred.

 

25. City Council direct that all operators of Multi-Tenant Houses:

 

(1) Only use, rent or permit the use or rent of a multi-tenant house or dwelling unit in compliance with the chapter and applicable law;

 

(2) Repair and maintain the multi-tenant house in compliance with the chapter;

 

(3) Ensure that the operator responds immediately on inquiries about the operations of the multi-tenant house;

 

(4) Maintain a notice board which posts conspicuously in the multi-tenant house documents as required by the Executive Director, including updated copies of the licence, contact information in the case of emergencies, and up-to-date plans submitted as part of their most recent application;

 

(5) Comply with the most recent plans approved as part of the operator's application; and

 

(6) Maintain records of all electrical work done at the multi-tenant house and all work demonstrating compliance with the most recent plans approved as part of the operator's application.

 

Ending operations

 

26. City Council direct that unless otherwise required by law (including decisions of the Multi-Tenant House Licensing Tribunal), if an operator is ending their operation of a multi-tenant house, an operator shall:

 

(1) Submit to the Executive Director, Housing Secretariat, for their approval, a transition plan at least 210 days in advance of ending operations;

 

(2) On receiving approval of a transition plan from Executive Director, Housing Secretariat, deliver to each tenant a written notice at least 180 days in advance Indicating the date on which operations will end; and

 

(3) If a tenant, so requests, take reasonable steps to find appropriate alternate accommodation for the tenant and meet all Residential Tenancy Act requirements.

 

27. City Council direct that a transition plan of an operator of a multi-tenant house shall include:

 

(1) A statement that the operator intends to end operations;

 

(2) The date on which the operator intends to end operations;

 

(3) The operator's reasons for ending operations;

 

(4) A description of how the operator intends to use the building after ending operations;

 

(5) The date by which the operator will give each tenant written notice of the date on which operations will end;

 

(6) A list of alternate accommodation that may be available to tenants; and

 

(7) A list of community organizations that may be affected by the end of operations.

 

Personal-Care Multi-Tenant Houses

 

Operators, person-in-charge, and staff

 

28. City Council direct that an operator of a personal-care multi-tenant house, or, when the operator is a corporation, each director of the corporation, meet the following minimum qualifications, and on application and when requested by the Executive Director, provide documentation satisfactory to the Executive Director, MLS, that they:

 

(1) Are least 18 years of age;

 

(2) Hold an Ontario Secondary School Diploma (OSSD), or evidence of equivalent standing as determined by the Minister of Education;

 

(3) Have three years employment experience in work comparable to the administration of personal-care multi-tenant houses; and

 

(4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria.

 

29. City Council direct that a person-in-charge of a personal-care multi-tenant house meet the following minimum qualifications, and on application, renewal, or any time the person-in-charge changes, provide documentation satisfactory to the Executive Director, Municipal Licensing and Standards, that they:

 

(1) Are at least 18 years of age;

 

(2) Have current CPR and first aid training, as set out by the Medical Officer of Health;

 

(3) Have completed Grade 10 in an Ontario Secondary School Certificate, equivalent standing or evidence of one year employment experience working in a personal-care setting, or other standard satisfactory to the Medical Officer of Health; and

 

(4) Have undergone a Vulnerable Sector Screening that meets the Screening Criteria.

 

30. City Council direct that the operator of a personal-care multi-tenant house have a person-in-charge on-site 24 hours a day. The person-in-charge shall be responsible for, but not be limited to, ensuring the following:

 

(1) No tenant is denied access to supports, including access to alternative housing options which maintain or enhance the health and welfare of the tenant;

 

(2) The tenants are safe and secure;

 

(3) Inquiries from the neighbourhood and others such as tenant families or friends, are responded to immediately;

 

(4) Emergencies are handled in compliance with by-laws or other laws or legal requirements that apply and otherwise effectively and efficiently including emergency services being contacted immediately by the operator or staff if a tenant experiences a medical emergency; and

 

(5) There are sufficient staff on duty at all times.

  

Tenant admittance

 

31. City Council direct that operators of a personal-care multi-tenant house obtain from tenants an up-to-date assessment by a regulated health professional (physician, nurse, occupational therapist, physiotherapist), which includes the level of personal-care that the individual requires, as part of the tenancy application.

 

32. City Council direct that operators of a personal-care multi-tenant house provide each tenant the personal-care services that are set out in their assessment form.

 

33. City Council direct that if a tenant's needs exceed the level of care available in the personal-care multi-tenant house, the operator of a personal-care multi-tenant house assist in arranging transfer to a long-term care facility or other appropriate living arrangement, with agreement from the tenant.

 

34. City Council direct that the operator of a personal-care multi-tenant house to enter into a written tenancy agreement with each tenant, specifying all ongoing care services that will be provided.

 

35. City Council direct that operators of personal care multi-tenant houses collect and maintain the following in accordance with applicable law, with each being available to the City for inspection upon request:

 

(1) A file for each tenant containing:

 

(a) The tenant's name, date of birth and gender;

 

(b) The date the tenancy started;

 

(c)  The tenant's assessment;

 

(d) The tenancy agreement;

 

(e) The name, address and telephone number of the attending personal physician, if any;

 

(f) The name, address and telephone number of the next of kin or other person to notify in case of an emergency;

 

(g) A list of medication and/or other care prescribed by a regulated health professional;

 

(h) A list of any other agencies or organizations providing support to the tenant;

 

(i)   The name, address and telephone number of the tenant's attorney for personal care and/or attorney for property; and

 

(j)   A list of dates and particulars of any significant incidents involving the tenant while in the personal-care multi-tenant house.

 

(2) Records of the following incidents:

 

(a) An emergency, including a fire or unplanned evacuation of tenants;

 

(b) A sudden death, including a death resulting from accident or suicide;

 

(c)  A tenant absence of 24 hours or more;

 

(d) An attendance by a law enforcement agency or emergency services provider that results in a criminal charge against the operator, staff or a tenant or their transportation to a hospital or other emergency care facility; or

 

(e) An allegation of abuse, threat of violence or danger to the life of the operator, staff or a tenant.

 

(3) The safety plan and personal care plan provided as part of the application, which have been updated annually to address changes in operations.

           

36. City Council direct that the operator of a personal care multi-tenant house provides each tenant with:

 

(1) Physician care;

 

(2) Personal-care services;

 

(3) Food and nutritional services;

 

(4) Prescription drug services;

 

(5) Bathroom, bedroom, linen and laundry services.

 

Transition

 

37. City Council direct that licences held under former City of Toronto Chapter 285, Rooming Houses or former City of Etobicoke Chapter 166, Lodging Houses continue subject to those by-laws until they expire, at which time the operator much submit a new application under the new chapter.

 

Chapter 441, Fees and Charges

 

38. City Council direct a licensing fee for all multi-tenant house operators of $25 per multi-tenant house room or dwelling unit or bedroom for a new application and for licence renewals.

 

39. City Council direct an inspection fee of $150.

 

40. City Council direct that the schedule of multi-tenant house licensing fees be included in Chapter 441 as set out in Table 1.

 

Table 1:

Ref. No.	Service	Fee Description	Category	Fee Basis	Fee	Annual Adjustment
New	Private Properties	Application fee: multi-tenant house operator	City Policy	Per room and per application	$25	Yes
New	Private Properties	Renewal fee: multi-tenant house operator	City Policy	Per room and per application	$25	Yes
New	Private Properties	Inspection fee: multi-tenant house operator	City Policy	Per inspection	$150	Yes

 

41. City Council direct that all fees in Table 1 above, be waived for:

 

(1) Toronto Community Housing Corporation; and

 

(2) A non-profit provider of multi-tenant housing, including non-profit housing providers under a program administered by the City of Toronto. 

 

Enforcement

 

42. City Council direct that the new chapter include provisions to enable the City to conduct inspections, issue orders for compliance, take remedial action and take any other enforcement activities consistent with the authorities in the City of Toronto Act, 2006, including:

 

(1) Increasing the maximum fine to $100,000;

 

(2) Adding a special fine in an amount equal to any economic gain obtained from non-compliance;

 

(3) Including offences for obstruction and failure to provide information as required; and

 

(4) Designating each offence as a continuing offence.

 

43. City Council direct that for offences under the new chapter:

 

(1) The holding out, for example by advertising by any means, that a multi-tenant house is available for rent is, when entered as evidence, proof, in the absence of evidence to the contrary, that the building is a multi-tenant house; and

 

(2) When a building otherwise meets the definition of a multi-tenant house, the burden of proving that the persons using the building are living together as a single housekeeping unit is on the person charged.

 

Multi-Tenant House Licensing Tribunal

 

44. City Council direct that:

 

(1) A tribunal, composed of not fewer than six members, inclusive of a Chair and Vice-Chair, who are appointed by resolution of Council, is established under the name “Toronto Multi-Tenant House Licensing Tribunal” or "Multi-Tenant House Licensing Tribunal".

 

(2) The Multi-Tenant House Licensing Tribunal shall hear proceedings as a panel of three.

 

(3) The Multi-Tenant House Licensing Tribunal shall have the powers, duties and rights of a tribunal as applicable under the Statutory Powers Procedure Act.

 

(4) Court Services shall provide administrative support to the Multi-Tenant House Licensing Tribunal and shall attend all meetings of the Multi-Tenant House Licensing Tribunal and shall keep all necessary records and perform such other administrative duties as may be required.

 

(5) The Multi-Tenant House Licensing Tribunal does not have jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law.

 

Conflict with Other By-laws

 

45. If there is a conflict between a provision of this chapter and a provision of any other Chapter of the Toronto Municipal Code, the provision that establishes the highest standard to protect the health, safety and well-being of persons shall apply.

 

Implementation

 

46. City Council authorize the City Solicitor, in consultation with the Executive Director, Municipal Licensing and Standards, to make such clarifications, minor modifications, technical or stylistic amendments to the new multi-tenant house licensing by-law, former City of Toronto Chapter 285, Rooming Houses, and/or former City of Etobicoke Chapter 166, Lodging Houses as may be required to give effect to City Council's decision including any required transition provisions. 

 

Provincial Oversight of Personal Care Multi-tenant Houses

 

47. City Council request that the Province of Ontario establish a regulatory oversight framework for personal care multi-tenant houses, including oversight by regulated health professionals, and inspection and enforcement by provincial inspectors.

 

48. City Council request that, in the absence of a provincial framework regulating personal care multi-tenant houses, the Province of Ontario provide funding to cover the related costs of the City of Toronto's proposed interim licensing, enforcement and compliance program to ensure that protections are in place for these vulnerable tenants.

 

Supporting Tenants

 

49. City Council direct the Executive Director, Housing Secretariat, in consultation with Chief Building Official and Executive Director, Toronto Building, the Chief Planner and Executive Director, City Planning, the Fire Chief and General Manager, Fire Services, and the General Manager, Shelter Support and Housing Administration, to report back with a set of recommendations aimed at supporting tenants in the event of required emergency relocations and/or unit closures.

That:

 

1. The Planning and Housing Committee request that City staff report back no later than the first quarter, 2023 on the status of outstanding work items outlined in PH35.22 and the progress and implementation of the work program for a Multi-tenant Housing Regulatory Framework.

That the Planning and Housing Committee:

 

1. Request the Executive Director, Housing Secretariat be included as part of the leadership team for the Framework for Multi-Tenant Houses.

 

2. Request the Deputy City Manager, Infrastructure and Development Services to bring the public consultation plan to the first meeting of the Planning and Housing Committee of 2023.