Agent Blogs

City starts active enforcement of bylaw

By James Jackson
Chronicle Staff

With the deadline for landlords to license their rental properties for 2014 now passed, the City of Waterloo says it will be very active in pursuing landlords who remain unlicensed.

As of the April 1 deadline, roughly half of the estimated 6,000 rental properties in the city have been licensed. When the city passed the bylaw two years ago it was assumed it would take about five years for full compliance.

“If we determine there’s renting going on without a license, officers will gather evidence and issue charges,” said Jim Barry, director of enforcement services with the city. “We’ve had some in court to this point with convictions, so we’re actively out there.”

Barry said there have been about five convictions related to the bylaw, with some fines reaching as high as $2,500.

“We’re seeking a real penalty for it. If you don’t comply, we will take you through the process and seek a penalty,” Barry said.

While the city still has approximately 3,000 rental properties operating without a license, Barry said he believes staff have a good grasp on most of them. The main reason why it will take up to five years to implement the bylaw is because of a lack of city staff.

Barry said the city is working with its partners in the community, including the universities and the police, to spread the word about the bylaw and the licenses.

“I’ve had people tell me they just hadn’t heard about it. I’m sure there are some trying to avoid licensing, but whether that’s a large number or a small number, I don’t know,” Barry said.

The bylaw has been contentious since it was passed two years ago. Many landlords have criticized the mandatory five-year Electrical Safety Authority tests and the fact apartments are exempt from the bylaw.

“The original bylaw was all about safety, now it’s all about control,” said Paul Jackson, who used to own 10 rental properties in the city but is now down to just two. He said he’s always licensed his rental properties before, and was one of the first to under the new bylaw as well.

He’s in favour of licensing if it makes living standards safer, but he doubts the city will ever reach its target of licensing all 6,000 properties in the next three years.

Jackson also questions why the largest student housing market in the city — apartments — are exempt.

“It’s a double standard,” he said. “All buildings should be included.”

Barry said apartments are exempt because they are built to a higher standard through the site plan review process at the city.

About a year ago the city faced a challenge by the Ontario Human Rights Commission, alleging the bylaw was discriminatory, but the challenge was dismissed after the city amended the language in the bylaw related to floor space.

There is also one other challenge to the bylaw pending, but Barry said it was filed after the one-year period granted under the municipal act so he believes it will also be dismissed. “From the city’s point of view we see that pending challenge as without merit,” he said.