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HomeMy WebLinkAboutFIN-2025-323 - Property Tax Exemption for Affordable Housing - Union Co-Operative Financial Services Department www.kitchener.ca REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: August 11, 2025 SUBMITTED BY: Saleh Saleh, Director, Revenue Division, 519-904-6308 PREPARED BY: Saleh Saleh, Director, Revenue Division, 519-904-6308 WARD(S) INVOLVED: 1 DATE OF REPORT: July 16, 2025 REPORT NO.: FIN-2025-323 SUBJECT: Property Tax Exemption for Affordable Housing- Union Co-operative RECOMMENDATION: That the draft by-law attached to report FIN-2025-323 as Appendix ÐAÑ, allowing units qualifying as a Municipal Housing Project Facility (as defined in By-law 2024-152) located at 475-477 Lancaster Street West to participate in the Regional Municipality of WaterlooÓs Municipal Housing Facility Property Tax Exemption program and therefore exempting them from the CityÓs portion of the property tax levy, be approved. REPORT HIGHLIGHTS: The CityÓs affordable housing property tax exemption by-law number 2024-152 made pursuant to section 110(9) of the Municipal Act, 2001 exempts Municipal Housing Project Facilities (as defined in Region of Waterloo By-law 24-007) that are owned and operated by non-profit and co-operative affordable housing service providers to be exempt from the CityÓs portion of the property tax levy for a period of 20 years starting in 2025. This report is seeking council endorsement to allow the Municipal Housing Project Facilities (qualifying units) located at 475-477 Lancaster St. W (owned by USDC at Lancaster Inc. and operated by Union: Sustainable Development Co-operative Inc. (ÐUnion Co-operativeÑ)) to participate in the RegionÓs property tax exemption program as it relates to exempting the CityÓs portion of the property tax levy. The property tax exemption outlined in this report will result in a tax shift of approximately $30,700 in taxes which would be redistributed to other property classes BACKGROUND: On August 12, 2024, Council support ed the CityÓs participation in the Region Ós Municipal Housing Facilities property tax exemption program as outlined in staff report FIN-2024-299 by providing a property tax exemption for the City's portion of the levy to qualifying Municipal Housing Project Facilities owned and operated by non-profit and co-operative affordable housing service providers for a period of 20 years starting in 2025. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 6 of 55 Council also expressed support for the inclusion of those qualifying Municipal Housing Project Facilities located at 475-477 Lancaster Street West in this program. The corporate structure and operations at 475-477 Lancaster Street West are unique, and while the Municipal Housing Project Facility at this property meets the intent of City of Kitchener By- law 2024-152, there is a technical need to create a site-specific by-law pursuant to section 110(9) of the Municipal Act to permit its participation in the program. The purpose of this report is to approve a by-law exempting the Municipal Housing Project Facility located at 475-477 Lancaster Street West from CityÓs portion of the property taxes. REPORT: Previously, Council approved the CityÓs participation in the RegionÓs property tax exemption program by providing a property tax exemption for the CityÓs portion of the levy for Municipal Housing Project Facilities owned and operated by non-profit and cooperative housing services providers for a period of 20 years starting in 2025. This allows the City to provide property tax relief to non-profit and co-operatives who own and operate qualifying affordable housing units. USDC at Lancaster Inc. is listed as the registered owner of the property located at 475-477 Lancaster St W. This property has 58 rental units of which 60% are at the affordable housing rent threshold and meet the definition of a Municipal Housing Project Facility as defined in Regional Municipality of Waterloo By-law 24-007. All voting shares of USDC at Lancaster Inc. are owned by Union Cooperative. The CityÓs Municipal Housing Facility Property Tax Exemption By-law 2024-152 permits Municipal Housing Project Facilities (qualifying rental units) owned and operated by non-profit housing co-operatives incorporated under the Co-operative Corporations Act to participate in the RegionÓs program, exempting the CityÓs portion of the property tax levy for the qualifying units. The unique ownership structure of Union Cooperative and USDC at Lancaster Inc., requires an additional by-law to be enacted to enable its participation in the program. Staff are recommending approval of the attached by-law in Appendix ÐAÑ to allow the Municipal Housing Project Facility located at 475-477 Lancaster Street West to participate in the RegionÓs Municipal Housing Facility property tax exemption program as it relates to exempting the CityÓs portion of the property tax levy. STRATEGIC PLAN ALIGNMENT: This report supports Building a Connected City Together: Focuses on neighbourhoods; housing and ensuring secure, affordable homes; getting around easily, sustainably and safely to the places and spaces that matter. FINANCIAL IMPLICATIONS: Page 7 of 55 Implementing a property tax exemption for Municipal Housing Project Facilities will have no impact to the CityÓs tax base revenues. However, th e recommended tax exemption will result in a shift of tax burden on other taxed property classes such as residential, muti-residential, commercial for example. In 2025, the CityÓs portion of property taxes for 475Î 477 Lancaster St W amounted to $51,168.35. If a tax exemption is applied to the affordable housing portion of this property, approximately $30,700 in taxes would be redistributed to other property classes. COMMUNITY ENGAGEMENT: INFORM Î This report has been posted to the CityÓs website with the agenda in advance of the council / committee meeting. PREVIOUS REPORTS/AUTHORITIES: Municipal Act, 2001 Assessment Act DSD-2023-160 Enabling Missing Middle and Affordable Housing FIN-2024-299 Property Tax Exemption for Affordable Housing APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services ATTACHMENTS: Attachment A Î Draft By-law Page 8 of 55 APPENDIX ÐAÑ TO FIN-2024-299 BY-LAW OF THE CORPORATION OF THE CITY OF KITCHENER BY-LAW NO. 2025-XXX (Being a by-law to provide a property tax exemption for certain qualifying Municipal Housing Project Facilities located at 475-477 Lancaster Street West pursuant to section 110(9) of the Municipal Act, 2001) WHEREAS section 110 of the Municipal Act, 2001, S.O. 2001, c.25, as amended (the ÐActÑ), allows municipalities to enter into agreements for the provision of municipal capital facilities; AND WHEREAS Ontario Regulation 603/06 (the ÐRegulationÑ) sets out the classes of municipal capital facilities for which a municipality may enter into such agreements, one of which is municipal housing project facilities; AND WHEREAS The Regional Municipality of Waterloo enacted By-law 24-007, being a by-law to provide for municipal housing project facilities (the ÐMunicipal Housing Facilities By-lawÑ); AND WHEREAS the Municipal Housing Facilities By-law contains the elements of a municipal housing facility by-law required by the Regulation; AND WHEREAS the City wishes to provide financial or other assistance as prescribed by the Act and the Regulation; AND WHEREAS subsection 110(9) of the Act allows another municipality that has not entered into an agreement to provide a tax exemption provided that an agreement has been entered into with the service manager under the Housing Services Act; 2011, S.O. 2011, c.6, Sched. 1 (the ÐHousing Services ActÑ). AND WHEREAS The Regional Municipality of Waterloo is a Consolidated Municipal Service Manager and is authorized to operate and manage housing as well as establish, fund and administer programs for the provision of residential accommodation in its service area under the Housing Services Act; NOW THEREFORE, the Council of The Corporation of the City of Kitchener enacts as follows: 1. Subject to the following, the City of Kitchener shall approve exemption from taxation in relation to the portion of municipal property taxes levied by the City of Page 9 of 55 Kitchener, for an approved Municipal Housing Project Facility located at 475-477 Lancaster Street West, Kitchener: a. The Municipal Housing Project Facility must meet the definition of a Municipal Housing Project Facility as set out in Municipal Housing Facilities By-law; b. The exemption shall be limited to the lands, or portion thereof, containing the Municipal Housing Project Facility; c. The Municipal Housing Project Facility must be owned by USDC at Lancaster Inc. and USDC at Lancaster Inc. must be controlled by Union: Sustainable Development Co-operative Inc.; d. The owner of the Municipal Housing Project Facility must have entered into a municipal capital facilities agreement with the Regional Municipality of Waterloo as a service manager under the Housing Services Act, in accordance with the provisions of the Municipal Housing Facilities By-law and section 110 of the Municipal Act to the satisfaction of the Regional Municipality of Waterloo. 2. Any exemptions provided pursuant to this by-law shall be limited to a period of twenty (20) years commencing on the effective date of the any agreement to which said exemption relates, as set out in section 1(c) above. 3. This by-law shall come into force and effect on the date of its final passing. PASSED at the Council Chambers of the City of Kitchener this ____ day of August, 2025. _____________________________________ Mayor _____________________________________ Clerk Page 10 of 55