Calls to strengthen new 'renovictions' by-law fail to sway councillors who argue it's better than nothing

Urgency to get some municipal protections in place for tenants at risk of “renoviction” outweighed concerns that a draft licensing by-law requires strengthening to be effective.

On Monday, members of tenants’ advocacy group London ACORN held a protest in front of city hall before bringing their message directly to a meeting of the Community and Protective Services (CAPS) Committee.

“This city is bleeding affordable units! We're losing them at a massive rate!” warned Jordan Smith, chair of the Carling-Stoneybrook chapter during his delegation to the committee.

Renoviction is a term to describe the unethical use of N-13 notices to evict low-income tenants on the pretense of renovating their unit, but in fact the landlord takes advantage of the vacancy to hike the rent.

A draft licensing by-law recommended by city staff would require landlords who issue an N-13 Notice to:

• obtain a $600 Rental Unit Repair License from city hall for each unit
• include a professional engineer or architect’s opinion that the tenant must vacate the unit during the renovation provide impacted tenants with an information package explaining their rights

Penalties would range between $250 and $2,500 for non-compliance:

• Fail to give Tenant Information Package with N13 Notice $1,000
• Fail to apply for Licence $2,000
• Fail to Renew Licence $250
• Renovations without a Licence – Landlord $2,500
• Fail to Comply with Licence Conditions $500
• Advertise or Occupy Unit to be Re-Occupied $2,500
• Fail to comply – Federal or Provincial Laws/ Municipal By-laws $1,000

Multiple fines could be issued to the same landlord, and amounts doubled for repeat offenders.

London ACORN is demanding higher penalties to act as a deterrent, and that the city require landlords to offer alternate accommodations or a rent top-up to tenants while they are displaced.

“The accommodation assistance that is required in Hamilton's by-law should be required in our by-law,” urged Claire Wittnebel of London ACORN.

However, the committee was reminded that unless the estimated $330,000 cost (for three staff, one vehicle) to enforce the new by-law is included in 2025 budget deliberations this fall - the protections for tenants would be delayed.

“We could miss that budget update and not have this licensing regime until next year (2026),” worried Councillor David Ferreira. “[That] means we wouldn’t have a tool to give to tenants so they can be protected for another year.”

Mayor Josh Morgan, who will be drafting his 2025 Budget Update next month said, “The best thing to do here is to move forward with something that improves the situation, continue with whatever discussions we want to have about advocating with the province or other pieces we want to do.”

However, Councillor Hadleigh McAlister pushed back on the argument that changes could be considered at a later date.

“I think now is the time,” McAlister asserted. “Whenever we talk about [coming] back to it, I rarely see that happen. Personally, I think that's a way of just pushing things forward without, unfortunately, creating a stronger bylaw when we have the opportunity.”

Separate motions to boost the financial penalties and add a requirement for alternate accommodations both failed to gain enough support from committee members.

Instead, the CAPS Committee recommended the draft by-law brought forward by civic administration.

“It may not be perfect, but we need to have something,” admitted Councillor Peter Cuddy. “We need to have something in place in the next few weeks.”

Expect another lengthy debate when the issue is considered by Council on September 24.