HomeMy WebLinkAboutFIN-2025-434 - Property Tax Exemption for Affordable Housing - UpdateStaff Report
Financial Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: December 1, 2025
SUBMITTED BY: Saleh Saleh, Director, Revenue Division, 519-904-6308
PREPARED BY: Saleh Saleh, Director, Revenue Division, 519-904-6308
WARD(S) INVOLVED: ALL
DATE OF REPORT: October 10, 2025
REPORT NO.: FIN -2025-434
SUBJECT: Property Tax Exemption for Affordable Housing- Update
RECOMMENDATION:
For Information
REPORT HIGHLIGHTS:
• The purpose of this report is to update Council on the status of the property tax exemption
program for affordable housing.
• The Region of Waterloo has received 13 applications in the first year of the program
implementation of which 6 applications are for properties located in the City of Kitchener.
• Applications are currently being reviewed by the Municipal Property Assessment
Corporation (MPAC).
• A recent ruling by the Court of Appeal has clarified legislative provisions, enabling non-profit
organizations to qualify for property tax exemptions.
• It is anticipated that many non -profits offering affordable housing will now apply directly to
MPAC for permanent exemptions.
• Staff will continue to monitor both the progress of applications under the Region's program
and any appeals submitted to MPAC.
• 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.
BACKGROUND:
In 2024, Council supported the City's participation in the Region's property tax program for
affordable housing. Further, Council approved a recommendation that staff report back to
Council after the first full year of implementation of the program to assess:
• The outcomes of the exemption in the first year of the program.
• The potential tax shifts/increases an exemption may create for other tax -paying
properties.
*** 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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• The level of interest from for-profit developers for this affordable housing incentive and
potential to include them in the program.
• The appropriate duration of a property tax exemption program and potential sunset
provisions.
The purpose of this report is to provide Council with an update on the program's progress.
REPORT:
The Region of Waterloo staff have advised that they received a total of 13 applications for
property tax exemption in the first year of the property tax exemption for affordable housing
program including 6 applications related to properties located in the City of Kitchener which may
qualify for a property tax exemption.
There are two main reasons for the relatively low number of applications:
1. Long -Term Affordability Commitment: The Regional program requires qualified
providers of affordable housing units to commit to maintaining affordable units for a period
of up to 60 years (minimum 20 years depending on the useful life of the building) to
receive the property tax exemption. The City's participation in the program is limited to
providing a property tax exemption for the City's portion of the levy to non-profit and co-
operative affordable housing service providers for a period of 20 years.
City staff have received feedback from for-profit developers who have indicated that the
Region's program requiring a commitment of 60 years is not appealing to them and is a
significant deterrent to their participation.
2. Recent Court of Appeal Decision: The Ontario Court of Appeal's ruling in Stamford
Kiwanis Non -Profit Homes Inc. v. Municipal Property Assessment Corporation (MPAC)
and the Corporation of the City of Niagara Falls. In this case, the Court of Appeal ruled
that Stamford Kiwanis Non -Profit Homes Inc. qualifies for a property tax exemption as
they meet all the criteria under the Assessment Act, namely, that they are charitable,
nonprofit philanthropic corporation supported in part by public funds and are organized
for the relief of the poor. Historically, the most challenging criterion was proving that a
non-profit organization was organized for the relief of the poor. The Court of Appeal ruled
that the relief of the poor could be interpreted as some element of economic deprivation
or need on the part of the non -profit's intended beneficiaries.
As a result of this ruling, MPAC is actively reviewing properties that meet these criteria
and will designate qualifying properties as property tax exempt.
Currently, no properties have been approved for a property tax exemption under either the
Region's affordable housing program or through MPAC. It is expected that MPAC will require
additional time to complete its review of applications submitted under the Region's program and
to determine which properties meet the criteria for exemption following the Ontario Court of
Appeal decision.
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City staff will continue to monitor both the progress of applications under the Region's program
and any appeals submitted to MPAC. Any exemptions granted through either pathway will result
in property tax shifts, however, the extent of these impacts remains unknown at this time.
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:
Capital Budget — The recommendation has no impact on the Capital Budget.
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:
• Municipal Act, 2001
• Assessment Act
• FIN -2024-299 Property Tax Exemption for Affordable Housing
• FIN -2025-323 Property Tax Exemption for Affordable Housing- Union Co-operative
APPROVED BY: Jonathan Lautenbach, Chief Financial Officer, Financial Services
ATTACHMENTS: None
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