HomeMy WebLinkAboutDSD-2025-051 - Evictions due to Renovations - Report Back TimingStaff Report
Development Services Department www.kitchener.ca
REPORT TO: Committee of the Whole
DATE OF MEETING: February 10, 2025
SUBMITTED BY: Rosa Bustamante, Director Planning and Housing Policy/City
Planner, 519-783-8929
PREPARED BY: Natalie Goss, Manager Policy & Research, 519-783-8933
WARD(S) INVOLVED: ALL
DATE OF REPORT: February 6, 2025
REPORT NO.: DSD -2025-051
SUBJECT: Evictions due to renovations — report back timing
RECOMMENDATION:
For information.
REPORT HIGHLIGHTS:
• The purpose of this report is to outline options for the timing of a report to Council on
"renoviction" by-laws in other Ontario municipalities.
• Staff continue to recommend a report back to Council in June 2025 so that it is informed
by a review of the implementation of other approved "renoviction" by-laws in Ontario,
balancing both availability of information to inform the analysis and the opportunity costs
of resources that are already focused on corporate priority projects.
• Should Council advance Options 1, 2, or 3 as outlined in this report, there may be capital
budget implications should the City miss key milestones of the Canada Community -
Building Fund and Housing Accelerator Fund. Additionally, there may be potential cost
increases from consultants (e.g., Kitchener 2051) due to project delays on existing
consulting contracts.
• This report has been posted to the City's website with the agenda in advance of the
Council / Committee meeting.
• This report supports the delivery of core services.
BACKGROUND:
In 2024, Hamilton, London, and Toronto passed by-laws requiring that a license be obtained
by a qualified contractor who intends to conduct renovation work on a residential unit where
the tenant has been served an N13 (notice to vacate the unit), otherwise known as
"renoviction" by-laws. The Province of Ontario legislated similar requirements through the
passing of Bill 97 Helping Homebuyers, Protecting Tenants Act, 2023; however, most
schedules of this Act, including Schedule 7, related to "renovictions", have not yet been
proclaimed (i.e., implemented).
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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In June 2024, as part of Council's decision to approve Kitchener's Rental Replacement By-
law, Council directed that staff report back in June 2025 on the "renoviction" by-laws being
passed in Ontario. Staff have started to review these by-laws and have reached out to staff
in the other municipalities for initial conversations. Only one jurisdiction, Hamilton, has had
their by-law come into effect, on January 1, 2025.
On January 20, 2025, Council passed the following resolution:
"That staff be directed to provide additional information at the February 10, 2025 Special
Council meeting, on whether staff would be able to expedite a previously requested follow
up report, discussed at the June 24, 2024 Council meeting, which would include a review of
other "Reno viction"By-laws that have already been approved thus far, and whether the report
could be brought forward for consideration prior to June 2025. "
This report outlines timing options for reporting to Council on "renoviction" by-laws in other
Ontario municipalities.
REPORT:
As a part of Council's approval of Kitchener's Rental Replacement By-law in June 2024,
Council passed the following resolution related to "renoviction" By-laws:
"...That staff be directed to report back in June 2025 reviewing impacts of the (Rental
Replacement) By-law thus far and to provide further updates on any other "renovictions" By-
laws within Ontario."
The timing of this deliverable is coordinated with the 1 -year report back on the challenges,
opportunities, and areas for improvement that staff have experienced through the
implementation of Kitchener's Rental Replacement By-law. The report back to Council on
these topics is a collaborative effort with staff from Planning and Housing Policy, Building,
Legislated Services (Licensing), Legal Services, and By-law Enforcement.
At this time, staff anticipate that the scope of a June 2025 report back on "renoviction" by-
laws will include and be informed by:
• Additional conversations with staff from the cities of Hamilton, London, and Toronto
— the only jurisdictions that have passed such by-laws.
• Early learning from other jurisdictions as:
o Hamilton will be the only jurisdiction to implement their bylaw by June 2025.
o Toronto's implementation will only begin in July 2025.
o London's final approval of implementation is pending budgetary review and
may not occur in 2025.
• An understanding of the framework of the by-laws (i.e., licensing approach).
• More knowledge about how municipalities are implementing and enforcing their by-
laws, including any challenges.
• An understanding of how these by-laws work with the requirements of the Ontario
Residential Tenancies Act.
• Whether there have been any legal challenges to the by-laws.
• Understanding any tenant experiences with the implementation of the by-laws
including any privacy concerns, positive impacts, and any reactions to the interface
between the by-law processes and the Landlord Tenant Board processes.
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• The number and expertise of staff dedicated to the development of, implementation,
and enforcement of the by-laws and the associated costs.
• How the municipalities are or expect to recover costs of implementation and
enforcement.
• Any updates to the provincial legislative environment including the progress of
ongoing advocacy to implement Bill 97, Schedule 7 provisions and expand Landlord
Tenant Board capacity. If this implementation occurs, it is expected that this will
address the issue through the provincial jurisdiction, where this currently resides by
virtue of the Residential Tenancies Act.
Reporting back earlier than the June 2025 presents challenges and limitations as follows:
Informed decision making — Although Hamilton, London, and Toronto have all passed
"renoviction" by-laws, only Hamilton's is in effect. Toronto's by-law will be in effect in July
2025 and London's effective date is dependent on budget. Staff will be limited in their ability
to provide information on the challenges, opportunities and areas for improvement learned
from these municipalities the earlier a report back to Council occurs. Like the approach taken
to develop Kitchener's Rental Replacement By-law, staff learned from other municipalities
on challenges and areas for improvement in the wording of, implementation and
enforcement of their by-laws. This enabled Kitchener to develop an improved Rental
Replacement By-law.
Timing of a "renoviction by-law" - Should Council ultimately direct staff to proceed with
preparing a "renoviction" by-law, there continues to be implementation and resourcing
implications (i.e., budget and staff). Even with an earlier reporting back on what staff learn
from Hamilton, London, and Toronto's experiences, the critical path of implementation would
not be fast tracked (i.e., earliest effective date of a by-law would be January 2026). This is
due, in part, to the additional staff resources that are anticipated to be necessary for
implementation and enforcement of a "renoviction" by-law which will need to be considered
through a future budget process (i.e., 2026 budget deliberations).
Corporate work plan priorities - Staff have included a report back on "renovictions" to
Council in June 2025 in their work plan. It is expected that this report back will require on
average 1 day of dedicated core project staff time per week until June 2025 totaling
approximately 150-200 hours. Reprioritizing this report back would require dedicating this
same amount of time in a condensed timeframe causing significant delays to several
corporate priority projects that are already being resourced including some in collaboration
with other area municipalities. Reprioritization will also further frustrate already constrained
staffing resources in certain divisions (i.e., legal services) and will frustrate the timely
issuance of complex building permits. Corporate work plan items that will see delays include:
• Kitchener 2051/New Official Plan (Strategic Plan priority project).
• Housing Needs Assessment (Strategic Plan priority and Housing Accelerator Fund
project).
• Climate Adaptation Plan (Strategic Plan priority and Housing Accelerator Fund project).
• Growing Together East (Housing Accelerator Fund project).
• Strategic land acquisition and existing city -owned lands for affordable housing (Housing
Accelerator Fund project).
• Lodging House By-law implementation and Short -Term Rental By-law.
• Amendments to the Business Licensing By-law to streamline business processes.
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Options for reporting back
Four report back timing options are outlined for Council's consideration.
Option 1 — March committee of Council. Reports are due for review no later than February
28th providing approximately 3 weeks to accomplish the scope of work outlined above. There
would be limited to no new information available. This option is not recommended.
Option 2 — April committee of Council. Reports are due for review no later than March
27th providing approximately 5 weeks to accomplish the scope of work outlined above.
Although this option provides 2 additional weeks to accomplish this review, there will still be
a significant delay in the work outlined above. This option is not recommended.
Option 3 — May committee of Council. Reports are due for review no later than April 24th
providing approximately 9 weeks to accomplish the scope of work outlined above. A report
to Council during this timeframe is only 3 weeks earlier than the currently planned June 2025
report back Council has already directed. Given the significant workload implications
outlined above, this option is not recommended.
Option 4 — Continue to report back during the June committee of Council. Staff have
already accommodated this report back timing into their work plans for 2025 and work
already commenced on this report back alongside the other ongoing work outlined above.
Hamilton's by-law will have been in effect for approximately 5 months increasing the
likelihood of being able to understand opportunities, challenges, and legal challenges. This
option will also allow for the work plan items outlined above to be maintained and
deliverables accomplished within anticipated timeframes. This option continues to be
recommended by staff.
None of the options outlined above enable the implementation of a "renoviction" by-law in
2025 should council ultimately direct one to be prepared. More commentary on this is
provided in the "timing of a "renoviction" by-law" section of this report.
Given the council resolution from June 24, 2024 (see above), should Council support Option
1, 2 or 3, in accordance with section 7.15 of the City's Procedure By-law (Chapter 25 of the
Municipal Code), this would require a Motion to Reconsider the previous direction to report
back by June 2025. The Motion to Reconsider must be passed by a two-thirds vote, prior to
the consideration of a motion to support Option 1, 2 or 3.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — Should Council advance Options 1, 2, or 3 outlined in this report, there
may be capital budget implications should the City miss key milestones of the Canada
Community -Building Fund and Housing Accelerator Fund. Additionally, there may be
potential cost increases from consultants (e.g., Kitchener 2051) due to project delays on
existing consulting contracts.
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Operating Budget — The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM — This report has been posted to the City's website with the agenda in advance of
the council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
REVIEWED BY: Kristin VanDerGeld, Manager, Licensing
Katherine Hughes, Assistant City Solicitor
Lesley MacDonald, Director, Legal Services/City Solicitor
Gloria MacNeil, Director, Bylaw Enforcement
Amanda Fusco, Director, Legislated Services/City Clerk
Mike Seiling, Director Building/Chief Building Official
Shannon Weber, Chief of Staff
Sloane Sweazey, Senior Policy Advisor
APPROVED BY: Justin Readman, General Manager, Development Services
Victoria Raab, General Manager, Corporate Services
Michael May, General Manager, Community Services/Deputy CAO
Dan Chapman, CAO
Page 19 of 55
February 10th, 2025
Special Council Meeting
0 t t a W a Re: Evictions due to Renovations - By-law Request
ACORN
Dear City Councillors,
Please see below Waterloo Region ACORN's submission regarding the urgent need for the
City to develop a renoviction bylaw similar to Hamilton and Toronto, despite staff's opposing
recommendations.
What is ACORN?
ACORN is a grassroots tenant and community organization with a membership of low and
moderate income tenants in both Waterloo Region and across Canada. We started the
Waterloo Region chapter in 2023, we have hundreds of members in Kitchener and over
180,000 members across Canada.
Background
Since before we even officially launched the chapter, Waterloo Region ACORN has been
advocating for strong municipal policies to protect tenants from mass displacement and to
save affordable housing. Over the past three years, our members in the region have led
organizing in their buildings to defend their homes from predatory corporate landlords who
are looking to evict tenants in rent controlled units so that they can raise rents.
ACORN members have organized tirelessly through building and neighbourhood tenant
meetings, actions, town halls, and more to ensure its members and tenants region -wide
know their rights and how to work with their neighbours to defend their homes.
In January 2023, ACORN was pleased to see council pass a directive to city staff to report
back with a review of rental replacement bylaws for when developers demolish affordable
rental housing. We were also pleased to see councillors discuss the potential for applying
similar regulations to stop bad -faith evictions where landlords evict tenants from affordable
units under the guise of renovations. City staff have since paused this latter work because of
potential interference from the Province.
The cities of Toronto, Hamilton, Mississauoa and Bram ton have already passed (or are
about to pass) municipal protections for tenants that prevent displacement and the loss of
affordable housing through renovictions. If councillors follow staff's recommendation to take
no action locally, Kitchener will be left behind even small towns like Kowartha lakes, who are
in the process of developing a renoviction bylaw as well.
Meanwhile, hundreds of tenants in Kitchener are experiencing renoviction right now. Inaction
puts all of their housing at risk. ACORN members in Kitchener do not want to see our city
continue to lag behind others as our housing crisis only worsens.
Page 20 of 55
What are Renovictions?
Renoviction is the practice and tactic used by landlords to evict or force out tenants under
the guise of major renovation. The goal of renoviction is not to repair or upgrade the unit.
The goal is to displace the existing tenant and increase the rent for the next tenant.
Displaced tenants will never find their affordable rents again.
Renoviction shatters the lives of families, breaks long -held community bonds, drives
up rents in the neighborhood, increases homelessness and strain on social services,
incentivizes landlords to allow their buildings to fall into disrepair and destroys the existing
stock of affordable housing.
Key Statistics
• Kitchener is losing 39 affordable housing units for every 1 that is built
• Accordine� to CMI IC, the share of units with rents costing no more than 30% of low
income households' income in Waterloo Region is zero.
• Average rent in Kitchener for a 1 bedroom apartment is $1,866. A 2 bedroom is
$2,222.
• Based on Landlord Tenant Board data obtained by ACORN, Kitchener is ranked #6 in
the province for the most N13 evictions (eviction notices for renovations, conversions
and demolitions) issued to tenants.
It is important to note that most N13s are never filed at the LTB as tenants are often misled
about their rights, harassed or pressured into taking buy-outs. Therefore. N13 data is a gross
underestimate of the scale of the actual problem.
Typical Renoviction Timeline/Tactics:
• Change in building ownership (not always but often a sign of changes coming).
• Notice to tenants of coming renovations and major inconveniences.
• N13 eviction form issued to tenants (sometimes in "batches", which makes it more
difficult for tenants to find community with their neighbors)
• Offer of low buyout offers (also known as `cash -for -keys') to pick on tenants that are
vulnerable, low income, or do not know their rights.
• Discontinuing repairs and building maintenance (make life more difficult and make
buyout offers more enticing.
• Increases in fees or implementation of new fees for amenities that were previously
included in rent or cost a small fee prior (ACORN members have experienced
sudden parking fees as high as $250 per month - with the threat of towing if unpaid;
increases in laundry fees by as high as 200%, and sudden fees for owning everyday
appliances like air purifiers, air conditioners, and mini refrigerators).
• Shutting down of amenities such as storage lockers, underground parking, access to
common spaces, etc.
• Repeated vital services (water, power, heat, etc) shut downs with little to no notice.
• Filing at the Landlord and Tenant Board.
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Landlords will use a combination of these tactics to ensure that tenants move out before the
application reaches the LTB. Since the goal is to not have the tenant return to the unit,
having a tenant accept a buyout offer to move out and waive their right to return is the
quickest and easiest path to turning over the unit.
For tenants that want to keep their affordable homes, no amount of money is worth
accepting. Low income tenants cannot afford to re-enter the rental market. Tenants on social
assistance (ODSP or OW) especially cannot afford buyouts as large lump sum payouts may
make them ineligible for benefits, or see a dollar -for -dollar reduction in benefit payments,
thereby costing them more money.
Problems with Existing Rules
Here is an overview of the existing rules regarding evictions for major renovations:
• In Ontario, landlords have the ability to secure vacancy of a unit for renovations by
issuing a N13 to the tenants.
• If filed at the LTB, the landlord must demonstrate that the eviction is in good faith.
• Landlords are required to compensate tenants the equivalent of 3 months rent.
• Tenants have the right of first refusal after renovations which means that they have
the right to return to the same unit at the same rent.
• Tenants can also pursue fines if the landlord rents out the unit to another tenant once
the renovations are complete.
Despite these provincial regulations, it is very difficult for low income tenants to exercise their
right of first refusal and maintain their affordable housing because of the following reasons:
• The N13 process effectively allows landlords to evict tenants when vacant
possession is not actually necessary to do repairs, creating a semi -legal method for
landlords to evict tenants to raise rents.
• Difficulty to find short term lease at the same rent while renovations take place (the
reality is tenants will not be able to find similar rents when they re-enter the market).
ACORN most commonly sees renovation timelines of 6-12 months - current
compensation requirements will not come close to covering this period.
• Landlords are under no obligation to finish the renovations in a certain amount of
time.
• Tenants aren't given adequate notice of units being ready for reoccupation that would
allow them enough time to legally vacate their temporary accommodation so they can
move back into their units following renovation.
• Tenant support organizations and cities in Ontario (except those that have recently
passed bylaws) have no way of finding out which tenants are being renovicted unless
tenants reach out to them; if tenants do reach out, it is often done too late to provide
effective support and prevent predatory eviction.
• LTB adjudicators that receive N13s that claim landlords have gotten all necessary
approvals generally do not question whether they have actually received these
approvals and award eviction orders even when the eviction is unjustified.
• Renovations to a unit can function to make housing unlivable for other tenants, and
can be used as a tool to encourage other tenants to move out voluntarily.
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• The Residential Tenancies Act doesn't establish a clear process that enables tenants
to re -occupy their rental units at the same terms as their original rental agreement
once renovations are complete.
• Challenge of staying on top of the landlord's renovations to ensure the Right of First
Refusal.
• Financial costs of moving twice (moving out, moving back, potential storage costs,
paying first & last month's rent somewhere else) which falls solely on the tenants to
pay.
• If the Right of First Refusal is revoked or lost by the landlord, tenants have no legal
ability to get their unit back. They're then stuck paying the new inflated rent
elsewhere.
• The landlord can be fined and the tenant could be awarded compensation, however,
this almost never happens. The LTB has only issued 13 fines for bad faith
evictions since 2020 and only 4 landlords have paid their finesa
Kitchener Needs Renoviction Protections
The primary value of a renoviction bylaw is that the burden of compliance (fees and
administrative requirements) is great enough that it will prevent some landlords from serving
tenants N13s in bad faith or if they do proceed with temporary eviction for renovations that
tenants are supported to exercise their first right of refusal.
Key elements of a renoviction bylaw:
• The landlord is required to file an application with the City for a renovation licence
within seven days of issuing an N13 notice to a tenant.
• The application for a renovation licence must include supporting documentation
including a building permit, a report from a qualified person (engineer) that states that
vacant possession is required and a copy of the N13 notice.
• The landlord must provide either a temporary alternative accommodation or
compensation to the tenant for the duration of the renovation.
• This includes support for moving costs when tenants move to their temporary
accommodations and when they return to their current unit after renovations.
• Any temporary alternative accommodation must be comparable to the
tenant's current unit during the period of repair.
• Compensation is determined to be in an amount equal to the difference
between the rent rate currently paid by the tenant for the unit being renovated
and the Average Asking Rent of a Rental Housing Unit with the same number
of bedrooms as the tenant's current unit.
• The landlord shall provide details to the City of the arrangement that has been made,
prior to receiving a renovation licence.
• A landlord may be subject to enforcement for failing to comply with the provisions of
the by-law including escalating fines.
Response to Council and Staff Concerns
The City of Kitchener has provided very little public information explicitly outlining the City's
stance on renoviction bylaws, other than a single city staff report from June 2024 where City
Page 23 of 55
Staff recommended against pursuing a renoviction bylaw. Below is ACORN's response to
the arguments laid out in the June 2024 staff report as well as arguments raised by
councillors in council meetings and public communications.
1. The Province's Bill 97 already addresses bad faith evictions
The Province announced Bill 97 almost 2 years ago but it still has not taken effect because it
still requires supporting regulations and proclamations from the Lieutenant Governor. In
addition, Bill 97 doesn't include requirements for temporary accommodations, rent gap
payments, moving cost assistance and most other elements that a municipal bylaw would
cover.
2. Claims iurisdictional issues and that the Hamilton and Toronto bvlaws are untested.
Multiple legal clinics and law firms (including ACTO and Raven Lawl have written memos
explaining how municipal renoviction bylaws would complement, not contradict, provincial
regulations. While Hamilton and Toronto bylaws are new, they are based on the successful
policy from New Westminster, BC which was enacted in 2019. Their b, law reduced
renovictions from 333 to zero.
3. Renoviction protections may lead to more landlords pursuing N12 evictions for
personal use.
Even if this were true (and there is little evidence currently to support this), the City's
response shouldn't be to do nothing. The result would be that both evictions continue to
increase dramatically.
In ACORN's experience, most renovictions take place in buildings. It is harder for a landlord
to evict a tenant of a multi -unit residential building using an N12 (ie. eviction because the
landlord or their immediate family wants to move in). However, landlords certainly still try.
The Province of BC recently banned personal use evictions in buildir7cxs with over 5 units
The City of Kitchener could advocate to the Province of Ontario that they follow a similar
approach and consider municipal options during the development of a renoviction bylaw.
4. Cost of renovation license would stifle necessary renovations and redevelopment
Landlords are still able to renovate their units in cities that have passed renoviction bylaws.
Most necessary repairs can happen while the tenant remains in their unit. This would not
require the landlord to obtain a renovations license. However, if renovations were shown to
require vacancy, the landlord can still do the renovations under the condition that tenants are
supported while they are temporarily displaced and that their right to return at the same rent
is protected.
The current system incentives landlords to neglect repairs and use it as justification for
renovations that are often cosmetic in nature so they can evict the tenant and raise rents.
Instead of allowing this to continue, the City should strengthen its property standards bylaws
that are meant to require landlords keep their units in a good state of repair. This was the
approach that the City of Hamilton chose to undertake with their `Safe Apartments Bylaw'
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(passed at the same time as their renoviction bylaw) that is similar to Toronto's `RentSafeTO'
program that's been in place since 2017.
5. No money in the city budget or capacity in the bylaw department
Inaction will cost the City more in the long run.
Ensuring tenants are able to maintain their affordable housing saves the City money by
reducing costs resulting from increased homelessness, strains on our healthcare system,
and the impacts of deteriorating mental health and addiction in the community.
6. Recommends tenant education and provincial advocacy as a better alternative
If tenants' rights are weak (as they are now) then educating tenants on their rights alone
won't have a significant impact on reducing renovictions. Even if tenants are more informed
on their rights (which is something ACORN does all the time), tenants are still on the hook
for:
• Finding temporary housing at much higher rents
• Paying for moving costs
• Tracking their landlord's progress on the renovations
• Becoming a private investigator to look for signs that their landlord may be trying to
rent out their unit to someone else (ex. Driving by their old home, searching ads on
Kijiji, Facebook marketplace etc - this can become a full time job)
• Going through a lengthy and sometimes costly legal process that will not result in
tenants getting their unit back
Premier Doug Ford has had 7 years to stop renovictions and his government hasn't. There is
no desire from the Province to maintain affordability in rental housing and to stop no fault
evictions.This is why municipalities across Ontario have stepped up to the plate to protect
tenants. ACORN is urging the City of Kitchener to do the same.
Sincerely,
Waterloo Region ACORN
Contact:
(519)-670-1859
kw acorncanada.org
Page 25 of 55
ACTO Advocacy entre
r Tenants Ontario
Thursday February 6, 2025
Sent via Fax: 519-741-2800
Councilor Stephanie Stretch
Ward 10
C/O Office of the Mayor and Council
Kitchener City Hall
200 King St. W.
Kitchener, ON N2G 4G7
Dear Councilor Stretch,
RE: Support for an Anti -Renovictions By-law for the City of Kitchener
I am writing to express the Advocacy Centre for Tenants Ontario's (ACTO) strong support for a
by-law at the City of Kitchener that mirrors the anti-renoviction by-law approved by the cities of
Hamilton, London, and Toronto. An anti-renoviction by-law is essential for saving Kitchener's few
remaining affordable rental units. Such a bylaw would strongly discourage predatory landlords
who are taking advantage of Ontario's weak rent control regime by evicting long term law
abiding renters in order to seek maximum returns on their investment.
ACTO is a community legal clinic funded by Legal Aid Ontario to provide legal services to low-
income renters across Ontario on issues that affect their ability to provide and maintain decent
homes for themselves and their families. We have been supporting local residents across
Ontario in their attempts to address the rise of renovictions and thereby stemming the loss of
affordable rental housing in their communities.
Revovictions Backgrounder
In Ontario, renovictions occur when the landlord serves a notice of termination called an N13 to
the renter informing them that they need to vacate the unit in order for renovations or repairs to
be completed. The renter then has the right to return to the unit once the renovation is complete
and continue with their tenancy paying the same rent that they were charged prior to vacating
the unit. A renoviction that is performed in bad faith occurs when the landlord rerents the unit to
another renter, usually at a higher rent, instead of returning the original renter back to their
home.
There are two reasons why predatory landlords prefer to renovict law abiding renters. Generally
renters can only be evicted for just cause in Ontario which ensures security of tenure for
Ontarians. The N13 process is one of the very few ways a renter can be forced out of their
home despite not having done anything wrong. The other driver of renovictions is Ontario's loose
rent control system where units first occupied before November 15, 2018 have annual increases
T: 416.597.5855 www.acto.ca 1506-55 University Ave.
F: 416.597.5821 Toll Free: 1,866.245.4182 1 Toronto, ON M5J1 2H7 Page 26 of 55
prescribed by the province based on the Consumer Price Index up to a maximum of 2.5%.
However, if a renter leaves a home then there is no limit to how much a landlord can charge for
that unit. Waterloo Region saw rents for two bedroom units si'igriiitiicairTfly iincirease by 7.4% in
2023 and 4.2% in 2024 far exceeding the provincial rent increase amount.
Renovictions in Kitchener
For many years Ontario has been experiencing a housing affordability crisis. This crisis has been
exacerbated by the significant increase in renovictions which have removed thousands of
affordable homes from the rental marketplace. According to ACORN's QnL irlo Renoviicflo,n
iE pg 2024, Kitchener experienced a 55% increase in N13 evictions in 2022 compared to 2017.
Kitchener has the 6t" highest number of N13 evictions in the province with 136 between 2017 to
August 2023 behind London at 153. The top five cities that have experienced N13 evictions are
Toronto, Hamilton, Ottawa, Windsor and London. Four out of those five cities have either
passed anti-renoviction bylaws or have staff investigating their efficacy.
The m"e'dii have reported that renovictions are taking place at 250 Frederick Street and 141 and
149 Borden Avenue where N13s have been served to all of the renters in these buildings. These
buildings are owned by the same landlord, Michael Klein, whom ACORN has described as the
worst ire,novlic; oir in Ontario. They describe this landlord's business practice as purchasing
buildings with long time renters and then serving them with N13s and offers to buy out their
leases in order to rerent those units at higher rents.
Renters and community legal clinics across Ontario are organizing to prevent mass evictions this
practice, if left unchallenged, could create. Most recently in Toronto the renters were able to
stave off eviction with the help of their local councillor. The councillor discovered that no work
was performed after the city issued building permits for Klein's buildings. The councillor allowed
the permits to expire and this became a crucial factual fiindiing, at the Landlord and Tenant Board
hearing.
The buildings in Kitchener have building permits but they are currently suspended and not
allowed to lapse as the by law office suggested that it was waiting on the outcome of eviction
hearing at the Landlord and Tenant Board. We request that the suspension be lifted and the
permits are allowed to elapse.
Municipalities are Taking Action Against Renovictions
Although the Province has jurisdiction when it comes to property and residential tenancy matters
it has been slow to take action having finally taking action in Bill 97 which sets out increased
fines for bad faith evictions and mandatory notice requirements for landlords. This Bill received
royal assent in October 2023, however, the protections against renovictions have yet to be
proclaimed meaning that these protections cannot be enforced. Even if they were proclaimed
these protections place the onus on the renter to seek justice at the Landlord and Tenant Board
where wait times for hearings have been a well known problem since 2020. When renters have
won their case and the Board has ordered landlords to pay fines for bad faith evictions only 4 out
of 13 landlords from 2020 to 2023 actually paid those fines. Lastly, the higher fines in Bill 97 can
only be applied by a separate 3rd party government agency that initiates an investigation
resulting in a provincial offence conviction. In conclusion that is why renters need an effective
municipal anti-renoviction bylaw that addresses the shortcomings that exists in Bill 97.
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There is no question that municipalities have the authority to pass an anti-renoviction bylaw. The
bylaws in Hamilton, London, and Toronto that will come into effect in 2025 demonstrate this.
Toronto and Hamilton's by-laws, in our opinion, are the gold standard for an anti-renovictoin
bylaw because they call on landlords to provide rent gap payments to the renter paying the
difference between the rent they are charged while away from their home and their former rent.
This provision ensures that the renovation is performed promptly and minimizes the time that a
renter is displaced from their home.
In summary, an anti-renoviction bylaw is an essential model for ending the outsized role that
renovictions play in Kitchener's broader housing crisis. It is essential because it both eliminates
renovation scams from dishonest landlords that evict renters into Kitchener's housing crisis while
allowing honest landlords to carry out improvements on their property. By taking meaningful
action on renovictions that mirrors Hamilton and Toronto, Council can help prevent both the
further loss of Kitchener's affordable housing stock and having more families uprooted from their
homes and communities and into Kitchener's ever-increasing housing crisis. This by-law is
exceptionally urgent and Council cannot afford to miss this opportunity to protect the City's
housing supply and the overall well-being of its residents.
ACTO stands firmly in support of adopting an anti-renovictions by-law in Kitchener that mirror's
Toronto and Hamilton's as soon as possible, and we hope that you will consider its adoptions as
an important step towards ensuring affordable and accessible housing for your residents. In
addition we ask that the building permits are pulled from the above address or in the alternative
that they are permitted to elapse.
We look forward to a constructive discussion on this important renter protection.
Yours very truly,
Advocacy Centre for Tenants Ontario
per:
Douglas Kwan
Director of Advocacy and Legal Services
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