Landlords will be required to have all building permits already in place and will have to provide an engineer’s report showing that vacant possession is necessary in order for work to be completed. Pictured: Mayor Andrea Horwath. Photo Credit: City of Hamilton.
Hamilton City Council has officially passed a new bylaw meant to protect tenants in the city from renovictions. Enforcement begins on Jan. 1, 2025.
The bylaw is expected to be the first of its kind in Ontario, with a similar law only in place in some areas of British Columbia.
City of Hamilton Housing Services defines renovictions as “when a landlord in bad faith undertakes legal renovations or uses the proposal of renovations to evict a tenant from their unit in order to rent the unit at a higher price with or without improvements.”
Under the Ontario Residential Tenancies Act (RTA), landlords have the right to evict tenants if there are plans for major repairs or renovations that require a building permit and vacant possession.
However, the landlord must give the tenant the opportunity to return to their unit at the current rental rate upon completion. That sometimes does not happen.
Under the new by-law, landlords who issue an eviction notice (N-13) to a tenant to demolish, repair, or renovate a unit must apply to the city within seven days for a renovation licence before starting any work.
The renovation licence will cost $715 per unit, with an annual renewal fee of $125.
Additionally, landlords will be required to have all building permits already in place and will have to provide an engineer’s report showing that vacant possession is necessary in order for work to be completed.
Also under the bylaw, if a tenant is required to leave their unit during a renovation and has plans to return to the unit then landlords must secure temporary arrangements for the tenant that are comparable to the tenant’s current unit or provide the tenant compensation.
With the passing of the bylaw, Hamilton City Manager Marnie Cluckie said, “We are proud to lead the way in Ontario with our groundbreaking Renovation Licence and Relocation Bylaw, a significant effort to safeguard tenants’ rights and preserve the city’s affordable housing.”
“As we confront the serious challenge of affordable housing erosion – where an estimated 23 affordable units are lost for every new one built – this bylaw is a vital step in protecting our community and ensuring that our renters are valued and protected,” she added.
The city says that requiring landlords to register their renovation plans will also help city staff inform tenants of their rights and offer support.
The city also wants to set fines for non-compliance with the bylaw, which they hope will range from $500 to $10,000 for an individual landlord and $500 to $50,000 for a corporation.
The fines are subject to approval from the Ontario Ministry of the Attorney General.
The new bylaw, along with the Safe Apartment Buildings Bylaw, will see a team of 28 new full-time employees added to the city’s Licensing and Bylaw Services Division.
City staff only expect licencing fees to cover about 10 per cent of the program’s costs, meaning that taxpayers will cover the rest – about $800,000 per year.
Based in Hamilton, he reaches hundreds of thousands of people monthly on Facebook, Instagram, TikTok, and Twitter. He has been published in The Hamilton Spectator, Stoney Creek News, and Bay Observer. He has also been a segment host with Cable 14 Hamilton. In 2017, he received the Chancellor Full Tuition Scholarship from the University of Ottawa (BA, 2022). He has also received the Governor General’s Academic Medal. He formerly worked in a non-partisan role on Parliament Hill in Ottawa.
