4.             TENANTS’ CONFERENCE RECOMMENDATIONS

 

RECOMMENDATIONS ISSUES DE LA CONFÉRENCE DES LOCATAIRES

 

 

 

Committee RecommendationS as amended

 

That Council:

 

1.                  Receive this report for information.

 

2.         Approve the inclusion of $150,000 as a budget pressure for additional funding for Education and Advocacy, Housing Help, Action Lodgment and the Housing Loss Prevention Network to perform these activities in the Draft 2009 Operating and Capital Budget Estimates;

 

 

FOR THE INFORMATION OF COUNCIL

 

DIRECTION TO STAFF:

 

3.         To bring forward a report to the Community and Protective Services Committee on the best practice on municipal licensing of private landlords, no later than June 2009.

 

 

RecommandationS modifiÉeS du Comité

 

Que le Conseil :

 

1.                  prenne connaissance du présent rapport à titre d’information.

 

2.         approuve l'inclusion de 150 000 $ à titre de pression budgétaire pour la défense des intérêts et d'aide au logement, pour Action Logement et le Réseau de prévention de perte de logement afin d'accomplir ces activités dans les estimations des budgets préliminaires de fonctionnement et d'immobilisations de 2009.

 

 

POUR LA GOUVERNE DU CONSEIL

 

DIRECTIVE AU PERSONNEL:

 

3.         enjoigne le personnel de présenter un rapport au Comité des services communautaires et de protection sur les pratiques exemplaires en matière de délivrance de permis municipaux à des propriétaires privés, et ce, au plus tard en juin 2009.

 

 

Documentation

 

1.         Deputy City Manager's report Community and Protective Services, dated 3 September 2008 (ACS2008-CPS-HOU-0005).

 

2.         Extract of Draft Minutes, 2 October 2008.


Report to/Rapport au :

 

Community and Protective Services

Comité des services communautaires et de protection

 

3 September 2008/le 3 septembre 2008

 

Submitted by/Soumis par : Steve Kanellakos, Deputy City Manager/

Directeur municipal adjoint,

Community and Protective Services/Services communautaires et de protection

 

Contact Person/Personne ressource : Russell Mawby, Director

Housing/Logement

(613) 580-2424 x 44162,  russell.mawby@ottawa.ca

 

 

 

City Wide/À l'échelle de la Ville

Ref N°: ACS2008-CPS-HOU-0005

 

SUBJECT:

Tenants’ conference recommendations

 

 

OBJET :

recommendations ISSUES DE LA CONFÉRENCE DES LOCATAIRES

 

 

REPORT RECOMMENDATION

 

That the Community and Protective Services Committee receive this report for information.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité des services communautaires et de protection prenne connaissance du présent rapport à titre d’information.

 

 

EXECUTIVE SUMMARY

 

The Ottawa Tenants’ Conference took place on March 24th, 2007 at Ottawa City Hall.  More than 140 people were present.  The Tenants’ Conference produced a list of eight recommendations, which were submitted to Community and Protective Services Committee (CPSC) by Councillor Holmes in Fall 2007.  CPSC recommended that the City of Ottawa assist with a second tenants’ conference, and that staff review the recommendations produced at the first tenants’ conference and report back to Committee.


The recommendations from the tenants’ conference requested enhanced services for tenants. Some examples include, setting up a city wide tenants’ association, a tenants’ help line, enhanced property standards, creating a standardized maintenance form, collecting information from Toronto’s models of tenant assistance, and hosting a social housing forum.

 

Staff support enhancing the service system by providing better information and resources for tenants. The recommendations from the tenants’ conference point out gaps in the existing service system. Since reviewing the recommendations of the first tenants’ conference, the Housing Branch staff have worked with Housing Help and Action Logement to explore the feasibility of enhancing services to tenants, including support for tenants’ associations.  As a result of those discussions, staff recommend that rather than creating a new entity to provide these services, that any such services be provided via Housing Help and Action Logement, ideally through a centralized point of service.  These two agencies already receive their core funding from the City and work together to provide services for housing search and tenant support. The Housing Branch has increased funding for core services to Housing Help and Action Logement.

 

The second Ottawa Tenants’ Conference took place on April 19, 2008 and was organized by Housing Help with financial assistance from the City of Ottawa.  The Housing Branch has increased funding to Housing Help to hold a tenants’ conference annually.

 

 

RÉSUMÉ

 

La conférence des locataires d’Ottawa s’est tenue le 24 mars 2007 à l’hôtel de ville d’Ottawa et a attiré plus de 140 personnes. La conférence a donné lieu à huit recommandations qui ont été soumises au Comité des services communautaires et de protection (CSCP) par la conseillère Holmes à l’automne de 2007. Le Comité a recommandé que la Ville d’Ottawa aide à organiser une deuxième conférence des locataires et que le personnel municipal étudie les propositions faites à la première conférence et présente un rapport à ce sujet au Comité.

 

Les recommandations formulées à la première conférence portaient principalement sur de meilleurs services aux locataires. Les participants demandaient entre autres la mise sur pied d’une association de locataires à l’échelle de la ville, l’établissement d’une ligne d’assistance téléphonique, l’adoption de normes de biens-fonds plus strictes, la création d’un formulaire de demande d’entretien standard, la collecte de données provenant de modèles torontois d’aide aux locataires et la tenue d’un forum sur le logement social.

 

Le personnel municipal est prêt à accroître les renseignements et les ressources fournis aux locataires. Dans leurs recommandations, les participants à la conférence attirent l’attention sur les lacunes qui existent dans les services.

 

Après avoir examiné les recommandations découlant de la première conférence des locataires, le personnel de la Direction du logement a collaboré avec Aide-Logement et Action Logement pour explorer la possibilité de renforcer les services offerts aux locataires, y compris en appuyant les associations de locataires.

À la suite de ces discussions, le personnel recommande que, plutôt que de créer une nouvelle entité, les services en question soient fournis par l’entremise d’Aide-Logement et d’Action Logement et idéalement, centralisés.

 

Ces deux organismes reçoivent déjà leur financement de base de la Ville et travaillent ensemble à offrir des services de recherche de logement et d’aide aux locataires. La Direction du logement a augmenté le financement de services essentiels qu’elle accorde à Aide-Logement et Action Logement.

 

La deuxième conférence des locataires d’Ottawa a eu lieu le 19 avril 2008 et a été organisée par Aide-Logement avec l’aide financière de la Ville d’Ottawa. La Direction du logement a augmenté le montant qu’elle verse à l’organisme afin que celui-ci puisse tenir une conférence des locataires chaque année.

 

 

BACKGROUND

 

The Ottawa Tenants’ Conference took place on March 24th, 2007 at Ottawa City Hall.  The conference was sponsored by the following agencies:  Family Services of Ottawa, Ottawa’s Community Legal Clinics, Ottawa Tenant Duty Council, Housing Loss Prevention Network, Coalition of Community Developers, Housing Help, and the City of Ottawa through Community Capacity Building funds from the National Homelessness Initiative.  The Tenants’ Conference produced a list of eight recommendations, which were submitted to Community and Protective Services Committee (CPSC) by Councillor Holmes in Fall 2007.  CPSC recommended that staff review the recommendations produced at the first tenants’ conference and report back to Committee.

 

DISCUSSION

 

The City of Ottawa’s Housing Branch partners with community-based agencies to provide a range of services, from social housing, emergency shelters, outreach, housing search and stabilization, and housing loss prevention.  Most of these services are accessed by low-income tenants. 

 

About 34% of Ottawa households are renters and 37% of renter households currently pay in excess of thirty percent on their income on housing.  The majority of renter households earn annual incomes at the low to moderate end of Ottawa’s income spectrum, which means that after paying rent, many have little left over to pay for food, clothing, and other essentials.  Ottawa is losing affordable rental housing at a significant rate – over 2,000 units since 1995.

 

Rents have generally kept pace with inflation since 1995.  However, incomes at the lower end of the continuum have stagnated or fallen in real terms since that time.    Minimum wage earners have lost real purchasing power to inflation since 1995. 


The City Housing Strategy provides further information and can be found on the City of Ottawa website:

 

http://ottawa.ca/calendar/ottawa/citycouncil/occ/2007/11-14/pec/ACS2007-CPS-HOU-0012-E.htm

 

The recommendations from the tenants’ conference request enhanced services for tenants.  The recommendations include setting up a city-wide tenants’ association, a tenants’ help line, enhanced property standards, creating a standardized maintenance form, collecting information from Toronto’s models of tenant assistance, and developing a social housing forum.

 

The recommendations from the 2007 Tenants’ Conference are included below along with a staff response to each.

 

Summary of Tenant Recommendations from the March 2007 Tenants’ Conference with comments from City staff

 

Recommendation 1:  Funding for City Wide Tenants’ Associations

 

Funding for Tenants' Associations so that tenants are not at a disadvantage when facing Above Guideline Rent Increases, loss of services and coercion to move from their homes. 

 

Implement a model that supports outreach and organizing to tenants in buildings facing common and significant problems. Tenants can create a sense of solidarity and community with events such as barbecues, holiday parties and in the process bring up pressing issues for the community to work for change. Funding would also be available for legal services where buildings of tenants are at risk of losing housing.

 

Staff Comment:

 

Key components of tenant’s assistance:

 

·        Provide resources to develop City-side tenants’ association.  Such as association can assist tenant response/action for systemic issues (for example, tenant Above Guideline Rent Increases) and in advocating for change.  There is no community consensus on the need to set up new infrastructure given the mandate of and services provided by Housing Help and Action Logement.  Staff continue to work with Housing Help and Action Logement to ensure supports for tenants are in place, and will report back to Council as needs for additional resources are identified by these agencies.

 

(http://www.ottawa.ca/residents/housing/homelessness/loss_prevention_en.html)

 

 

Recommendation 2:  Enhancement of Property Standards

 

City must provide additional funding to the property standards office to ensure that tenants are better served when making repair complaints and as well as guarantee that landlords who are at fault be served promptly with a work orders and fined if necessary.

 

Staff Comment:

 

The City of Ottawa’s By-law and Regulatory Services is responsible for the enforcement of the property standards by-law. In recognition of the need to be more responsive on these matters, Council has approved funding that has increased the size of the property standards enforcement until from 12 officers to 21 in the past two years. The enforcement protocol has also been enhanced by reducing the timelines for a property owner to comply with an order and the requirement for an officer to issue a mandatory charge for those who do not. Council has also provided additional funding to enhance the mobile technology needs of the property standards officer allowing them to spend more time in the field conducting investigations and reducing service response times.

 

Recommendation 3:  Ombudsman for Social Housing Tenants

 

Create a position at City Hall, such as an Ombudsman for tenants in Social Housing that will act as an advocate for tenants’ issues so that things like safety, upkeep, and community activities are given proper attention.

 

Staff Comment:

 

City Council has the ultimate responsibility for the financial viability of social housing and compliance with the Social Housing Reform Act.  The Service Manager for social housing (Housing Branch) receives and monitors tenant concerns and ensures that housing providers are made aware of complaints, but does not act as an advocate for either tenants or providers.  Given the legislative and financial constraints inherent in social housing, it is not clear what role an Ombudsman could play beyond identifying concerns. 

Staff are proceeding to establish a new external review process for issues related to access to social housing, and will include tenant representatives.  This will be a first within the Province.

 

Recommendation 4:  Standardized Maintenance Form

 

City to provide and make mandatory specific complaint forms for tenants when requesting a repair. These forms, such as forms for Notices of Early Termination, will outline a landlord’s obligation regarding repairs and a tenant’s options if the repairs are not done within a reasonable amount of time. The form can also indicate where tenants can go for help; provide the telephone number for property standards. Landlords will need to provide these “request for repair forms” to all respective tenants or would be available on the City of Ottawa’s website.


Staff Comment:

 

It is not under City of Ottawa jurisdiction to compel private landlords to adopt a standard maintenance form. The City of Ottawa's website has information available at www.ottawa.ca /housing about property standards and tenant resources.

Local community-based agencies, including Housing Help, Action Logement and the Housing Loss Prevention Network, provide tenants with maintenance request forms from the City of Toronto's apartment standards website.  http://www.toronto.ca/apartmentstandards/maintenancerequest.htm

 

Recommendation 5: Tenant Help Line

 

The City should fund a tenant hotline, which would in turn be administered by the property standards office. Tenants could leave confidential repair or maintenance complaints. These complaints would be recorded and when an inspector inspects a building (during a yearly review for example), can refer to the complaint from the tenant hotline.  This would ensure confidentiality form tenants who fear retaliation from their landlords.

 

Staff Comment:

 

The City already has a hotline and encourages all tenants to call 311. While complainant information is kept confidential, it is impossible for a landlord not to know who filed the complaint when it refers to the tenant’s specific unit where repairs are required.

 

Housing Help and Action Logement already provide this service, and the Housing Branch is working with them to strengthen it.

 

Recommendation 6:  Collect Information from Toronto’s Models of Tenant Assistance

 

Gather information from Toronto's experience in pushing forward tenants' issues that created such resources as the Apartments Standards website, the Federation of Metro Tenants’ Associations, and the Tenant Defence Fund.

 

Staff Comment:

 

The former Federation of Ottawa-Carleton Tenants Associations ceased operating in 1997 as a result of the withdrawal of provincial and City funding.  Half of the federation budget ($112,000 in 1996) was provided by the provincial government, and City grants and tenant association dues made up the difference. 

 

Ottawa Community Housing (OCH) provides funding for tenant associations in OCH communities.  Funding is allocated based on the number of bedrooms in the building.  Buildings with 1-50 bedrooms receive $500 in annual funding; up to a high of 1750+ bedrooms receive $7,500 in annual funding.  As the OCH website explains: “OCH supports and encourages tenant associations by providing funding, general liability insurance coverage and staff assistance.

There are many active tenant associations in OCH communities.  Tenants organise associations as a way to get together for social events, to deal with a community-wide problems or to participate in the decisions and plans that affect their communities.”

 

The City continues to fund Action Logement and Housing Help, which currently provide services to assist with housing search, and housing loss prevention including tenant advocacy and eviction prevention.

 

The City of Toronto funds the following tenant services:

 

-         the Tenant Defence Fund to assist tenant groups disputing landlord applications for above-guideline rent increases, demolitions or conversions to condos.  The Fund provides financial support to tenant groups through a tenant support grant ($67,000 budget in 2008).

-         an outreach and organizing team at the Federation of Metro Tenants Associations (FMTA) ($200,000 budget in 2008). 

-         FMTA tenant hotline ($183,000 budget in 2008).

-         FMTA Residential Tenancies Act (RTA) educational project ($55,000 budget in 2008).

 

The Tenant Defence Subcommittee, made up of eight members of Toronto City Council, monitors the Tenant Defence Fund Program.  

 

Recommendation 7:  Social Housing Forum

 

There needs to be a separate venue to discuss issues about Social Housing.  Particular issues would include safety, repairs, Social Housing Registry system (including transfer system) and the Social Housing Reform Act.

 

Staff Comment:

 

Staff support the concept of a social housing forum and Housing Branch has made annualized funding available to Housing Help to hold an annual tenants’ forum. Most of the issues noted in this recommendation are controlled by provincial legislation, which was reviewed in 2006 and 2007 with input from provincial tenant advocacy groups.  The Ministry of Municipal Affairs and Housing has committed to undertaking consultations toward a provincial Affordable Housing Strategy, which is expected to include consideration of changes to housing legislation, including the Social Housing Reform Act.  The Housing Branch is striking a local stakeholders working group that includes representation from Housing Help and Action Logement to help identify what changes are needed in the Social Housing Reform Act in preparation for the consultation process.  A report on the outcomes of this discussion will be forwarded to Committee.


Recommendation 8: Landlord Regulation

 

Landlord licensing could ascribe green, yellow, or red identifiers to a landlord based on their adherence to certain criteria, particularly maintenance issues and management practices.  Annual inspections would be mandatory for health, safety, and property standards. The fees will cover these expenses.

 

Staff Comment:

 

New licensing powers to regulate residential rental properties has been recently introduced when the Province enacted Bill 130 to amend the Municipal Act. Council would need to consider the above recommendation and provide funding and staff resources to implement such a process, however, staff are not aware of examples where private landlord licensing has been implemented in other municipalities. Oshawa has recently introduced licensing for a specific problem area in their city, which is still in its early stages. Toronto is also examining the issue but has indicated that significant resources would be required. 

 

CONCLUSION

 

Staff support enhancing the service system by providing better information and resources for tenants. The recommendations from the tenants’ conference point out gaps in the existing service system. Since reviewing the recommendations of the first Tenants’ Conference, the Housing Branch staff continue to work with Housing Help and Action Logement on options for providing and enhancing services to tenants.  As a result of those discussions, staff recommend that rather than creating a new entity to provide these services, that any such services be provided via Housing Help and Action Logement, ideally through a centralized point of service.  These two agencies already receive their core funding from the City and work together to provide services for housing search and tenant support. The Housing Branch has increased funding for core services to Housing Help and Action Logement.

 

CONSULTATION

 

Staff consulted with Housing Help and Action Logement.

 

Staff met with the Eastern Ontario Landlord Organization to review the recommendations from the March 2007 Tenants’ Conference.

 

Ottawa’s tenant advocates support funding to enable the development of tenants’ associations including a city-wide tenants’ federation.  EOLO does not. EOLO stated that tenants already have access to significant publicly funded services and supports, such as Housing Loss Prevention, Legal Aid.  However, these services are provided to all residents of Ottawa, and primarily focus on preventing or dealing with the crisis of losing housing. The services proposed from the Tenants’ Conference are equally focused on education and assistant to improve tenants ability to maintain their tenancies.  EOLO supports enhanced informational services to tenants, like a hotline, a renters’ handbook, a drop-in, and enhanced information about property standards, but does not support the City funding tenant advocacy or organizing.

 

FINANCIAL IMPLICATIONS

 

There are no financial implications associated with this report.

 

SUPPORTING DOCUMENTATION

 

N/A

 

DISPOSITION

 

The Community and Protective Services Department will action any direction received pursuant to consideration of this report.


TENANTS’ CONFERENCE RECOMMENDATIONS

RECOMMENDATIONS ISSUES DE LA CONFÉRENCE DES LOCATAIRES

ACS2008-CPS-HOU-0005                                CITY WIDE / À L'ÉCHELLE DE LA VILLE

 

Mr. Russell Mawby, Director of Housing, gave a verbal summary.  He stated that following the recommendations from the Tenants Conference their primary focus was clear identification of the need for improved services to tenants particularly those facing difficulty.  There is pride in what has been accomplished but it is clear that it is not enough.  The Housing Branch has been investing more resources on the preventative side.  The big gap seen in the recommendation from the forum is the creation of a citywide tenants’ association.  Mr. Mawby stated that having this type of organization may help in getting funding for other services but the main focus with assistance of the other community partners is at this stage of rebuilding the housing support services the priority is getting the core services at the level where they need to be. 

 

Delegations:

 

·                    Susan Angus, Association of Community Organizations for Reform Now (ACORN)

·                    Pacifique Siryuyumusi, ACORN

·                    Diane Wade, Tenant’s Duty Counsel with Legal Aid

·                    Rob MacDonald, Housing Help

 

Susan Angus, Association of Community Organizations for Reform Now (ACORN), has been working grass roots with the tenants dealing with the issues of losing homes, units being in bad state of disrepair such as mould, cockroaches, etc.  Their main focus is having the issues of homelessness and social housing addressed as quickly as possible.  They have a variety of wishes such as landlord licensing, inclusionary zoning, a better work order system, and a better inspection system. 

 

Pacifique Siryuyumusi, ACORN, chair of the Ottawa West-Nepean Chapter, stated that his group deals with tenants’ issues every day some being matters of safety.  Tenants come to them seeking help and in many instances they are able to provide the service but more and more they rely on outside agencies such as the City. He really urges landlord licensing in order to ensure proper guidelines for properties.  Another issue is property standards and the need for more inspections.  Many poor people move into sub-standard buildings because they are inexpensive but this should not have to occur. They are also looking for a mediator or committee to mediate at no charge between the tenant and landlord. Perhaps a special tenants telephone line would help for information and counselling.

 

Councillor Feltmate thanks the group for their presentation and the award they received.  She would like to know if ACORN is lobbying the candidates in the upcoming Federal election.

 

Mr. Siryuyumusi responded that they have urged their members to ask the questions of the candidates and to support those who are sympathetic and urging action on housing issues.  The Councillor urges that they continue pressing other levels of government on their needs.

 

Councillor Bédard thanked the group as well and asks if the group promotes their members and tenants to complain about their landlords or living standards.  As well, do they call property standards and the importance of calling 311 or to Councillors and members of this committee.

 

Mr. Siryuyumusi stated that they do urge people to call their landlords and if no action takes place to call ACORN to assist. 

 

Councillor Cullen thanks the group for their presentation and winning the United Way Community Builder Award.  He stated that he wishes to raise the recommendations from the Tenants Forum such as recommendation #1 dealing with the Tenants Association on page 45 which the City of Toronto has and works well.  The other deals with the Landlord Licensing, which some municipalities are beginning to work with.

 

Diane Wade, Tenant’s Duty Counsel with Legal Aid, she is one of the sponsors of the original tenants conference and supports the recommendations of the report fully.  She states that she is a frontline worker and has a grasp of the many statistics out there.  For example, from October 1, 2006 to September 30, 2007, 88.6% of applications that went to the Landlord Tenant Board were landlord and only 11.4% were tenant applications.  From October 1, 2007 to June 30, 2008 (a nine month period) 90.5% of the applications to the Board are registered by landlords.  People are at risk of losing their homes.  The high number shows that tenants do need these services and need more help and information.  Of the 3 legal aid clinics in Ottawa only one has the staff to deal with housing issues.  The tribunal is administrative and technically tenants should be able to represent themselves, however, this is not just or feasible since many of the landlords appear with some form of legal counsel. 

 

Councillor Cullen thanks the speaker for a powerful presentation and from what he has heard the majority of people using the Tenant Protection Act are the landlords.

 

Ms. Wade states that the majority are landlords and do show up with some form of legal help whether lawyer or paralegal.

Rob MacDonald, Housing Help, stated that he has been in the field of helping tenants for 22 years.  Feels that when you can be helping people there is no better work in the world.  He gave a summary of the many groups that helped tenants in the area of Somerset Street in the 1990’s.  In the late 1990’s many of the groups that existed have now disappeared due to lack of support and funding.  His group, Housing Help, has tried to fill the gap but have not been able to do that due to lack of resources.  In the current system not enough people are being reached.  There needs to be an enhanced information system such as a Tenants Association as had existed in the 1990’s.

 

They had received a small grant to offer services over a 7-month period and were very successful in reaching over 4,000 households on a $10,000 budget.  He strongly feels that more consultation is needed on this issue and on this report.  He fears that the report may get lost and dropped in the future.  This work has been his passion for 22 years and wants to be consulted along with the other groups such as ACORN and Legal Counsel, etc.  As well, new regulations have made it more difficult for tenants to have representation at Board hearings and cases are becoming more complex.

 

Councillor Cullen asked what the maximum income was in order to receive legal aid.

 

Ms. Wade stated that she believed it was $27,000 for a family with discretion to go to a maximum of $31,000 and $17,000 maximum income for an individual.

 

Councillor Cullen reads from the report the amounts, which the City of Toronto spends on various outreach services for tenants and the Tenants Association there, which amounts to about $400,000.  Should the City of Ottawa restart the Tenants Association here would $150,000 be enough.

 

Mr. MacDonald stated that he was not an economist and was not sure and wondered if it was necessary to start from scratch or to build on what is already available in the City of Ottawa.  In the current model, he said that people who need to be reached are not.

 

Councillor Cullen stated that he would bring forward 2 motions.

 

Councillor Leadman commented that listening to Mr. MacDonald and the role of the Tenants Association as listed in the recommendations are very similar but in an expanded way. 

 

Mr. MacDonald would recommend the expanded way for their organization.  Many services are presently overworked and resources stretched.  There needs to be more outreach. 

 

Councillor Leadman would prefer to see the funds allocated to existing organizations rather than reinventing the wheel as Mr. MacDonald had stated.  Mr. MacDonald states that their mandate is to help both landlords and tenants so philosophically speaking there is something to be said to having a Toronto model or old City of Ottawa model where there is a tenants association representing tenants alone.

 

Councillor Cullen stated that there were 8 recommendations from the Tenants Conference and would like to see all 8 endorsed but might be beyond the work of the Committee today. However there are 2, which he would like to concentrate on.

 

This would provide standards that many would adhere to.  That way if tenants had questions they could contact the City of Ottawa to see if the landlord is following the guidelines set out in the licensing agreement.  Having a licensing system means everyone would be aware of the guidelines and better information.

 

Chair Deans asked if there was a comment from staff especially in regards to staffing and cost.

 

Ms. S. Jones, Director, By-Law and Regulatory Services, stated that this is fairly new legislation under the authority of the new Municipal Act, which allows municipalities to enter the licensing regime for residential landlords.  The City of Oshawa is the only municipality that she is aware of that has such a system and it is contained for a certain area of their city only where problems existed. The City of Toronto is looking at it and is expecting a report back in the New Year and the City of Ottawa would take a look at what they have done.  She stated that she could back with a report looking at all options.  At this point she would have to cautious on costs and resources and determine if it would be the entire City or certain sections.

 

Councillor Leadman asks if all landlords would be looked at or only a certain few and variety.

 

Ms. Jones responded by saying that this would form part of the report.

 

Councillor Bédard wondered how the City of Ottawa’s present by-law on licensing rooming houses was working out before we look at landlords.

 

Ms. Jones stated that a brand new by-law was enacted on September 1st so it might be too early to say how well it’s working.  The old by-law did not work well at all.  Originally there were 10 inspectors under the old City of Ottawa but there are presently 21 property standards inspectors.

 

Councillor Bédard stated that this appears to be a very big job, something that the City ought to be doing but at the present time we are unable to perform the job of licensing rooming houses well.

 

Councillor Holmes stated that it had taken 10 years to license rooming houses so she is not afraid to start the work in licensing landlords and perhaps concentrate on problem areas.  She is very happy to support a report on this subject.  We should not be closing the door on this without examining it first.

 

Councillor Bédard agrees that is important and should be done but we should sort out the rooming house issue first.

 

Councillor Chiarelli agrees with Councillor Bédard and the task of licensing landlords would mean that we would have to examine ourselves as well since the City of Ottawa is probably the biggest landlord.

 

Ms. Jones stated that they have a good relationship with Ottawa Community Housing and get good compliance from them.

 

Councillor Cullen stated that dealing with landlords is not a new issue.  Approximately 40% of the City of Ottawa residents are tenants.  One must remember that the Tenants Conference has brought this recommendation forward and the City should respond.  There is an issue here and all that is being asked for is information on how and if the City can deal with this issue. He stated that we should see what is out there and what tools we have.

 

Chair Deans is concerned that this report might raise false expectations and that this is a daunting task and financially it may be more than the City can take on at this time.

 

Ms. Jones commented that in the City of Toronto it is being politically led and her counterparts are being cautious in moving forward because it may very well be overwhelming.  She has no objection in doing the work and looking at options that are out there.

 

Moved by Councillor Cullen

 

That staff bring forward a report to CPS Committee on the best practices on municipal licensing of private landlords, no later than June 2009.

 

                                                                                    CARRIED

 

YEAS (5):        A. Cullen, M. Bellemare, D. Holmes, P. Feltmate, D. Deans

NAYS (4)        R. Chiarelli, G. Bédard, C. Leadman, S. Qadri

 

Councillor Cullen stated that his second motion deals with recommendation #1 dealing with a citywide tenants association.

 

Moved by Councillor Cullen

 

That a 2009 budget pressure of $150,000 be identified to establish a citywide tenants association.

 

Councillor Cullen stated that the City of Ottawa did sponsor a citywide tenants’ association and the Harris government in the 1990’s killed the funding.  Concern might be duplication with services offered by other agencies presently in place but those agencies have stated that they are already overworked.  There is room for more representation and advocacy for tenants.  Hearing that 88% of the applications before the Tenant’s Protection Act and access to that act and hearings are by landlords with legal representation.   The11% remaining are tenants with no legal representation. He is asking for a more level playing field.  Therefore looking at seed money for a tenant’s association and Toronto puts in over $400,000 for their association and it works well and it does recognize good landlords.  City of Ottawa has an obligation to provide service to a group, which represents about 40% of the population, that being tenants.  The motion stipulates that this is a budget pressure and will be up for debate in front of Council.  Owe the tenants this since it was the #1 recommendation.

 

Chair Deans looking for staff comment.  This would only be seed money, which means more money might be needed in the future.  Is there a better way to use the resources?

 

Russell Mawby, tenants need better awareness and better information. There are stories where tenants who have no idea how to lodge a complaint. He totally supports the idea of putting more funding into the system for more awareness and outreach.  His concern is not to duplicate services and have the necessary funds to provide good and efficient services. If it adds value great.  Would expect that the new association work closely with the existing groups.  The value added is that the tenants would have a group that they can call their own.  However, existing agencies and groups are doing some of these services but are stretched.

 

Chair Deans, this would go into the budget as an enhancement?

 

Mr. Mawby, this would be a new budget pressure.

 

Chair Deans, would we have time to receive a business plan to see what we would be getting for the $150,000?

 

Mr. Mawby, if money is received by Council then it would come with the proviso that it be used to support tenant education and awareness activities and the creation of a stand-alone tenants’ association, but to ensure as well no duplication of services.

 

Chair Deans would like to see more meat on the bones as to what the money would be used for.  We did have this association in the old City. What happened to it? Headed by Dan MacIntyre.

 

Councillor Holmes, funding lost by 1 vote at the former RMOC.

 

Councillor Bédard, in the recommendation comment it states that some of the existing organizations provide these activities.  So would this be duplication?

 

Mr. Mawby, they try to perform to the best of their abilities and resources but majority of their time is focused on tenants that are in need.  From what he is hearing however is that the groups want something more proactive in getting information out to people before they get into trouble. A positive enhancement.

 

Councillor Bédard stated that perhaps if we offered this money to the existing groups they could provide these services of which we speak rather than starting a new organization, salaries, admin costs, etc…  He stated that $150,000 would not go very far.

 

Mr. Mawby’s understanding from the intent is that there is a value in having an agency that is works with tenants directly and works with tenants directly.

 

Councillor Bédard proposes that the $150,000 be spent on the existing groups to provide these services.  They already have the existing experience wants to propose that the money go to them.

 

Chair Deans, asked if the Councillor was proposing an amendment.

 

Councillor Bédard stated that it could be.

 

Councillor Cullen, point of order, the amounts are the same but the concepts are different. These are really 2 motions so should be treated separately.

 

Councillor Bédard believes that the monies and concept is the same in providing services so really is an amendment.

Chair Deans, looking at it, substantively they are the same motion the question is it a new organization or the funding being directed to the existing organizations.  She will accept it as amendment to the motion.

 

Councillor Cullen stated that the Chair had the right to make that ruling but the mover of the motion is putting him in an impossible situation.  He would like to support both; he wants to see funding for the agencies but wants the committee to vote on the principle of voting for a tenant’s association.  If he votes on the amendment there is no vote on the tenant association.  He wants both motions.

 

Chair Deans, she has ruled and the mover of the amendment is not willing to accept it as a different motion. 

 

Councillor Cullen will put it as a Notice of Motion for the next meeting to establish a tenant’s association.

 

Councillor Leadman commented that there is no framework for this new group and is reluctant to support $150,000 for a group with no structure.  She would prefer to see the groups work together.

 

Mr. Mawby stated they have consulted with all groups and there is a definite need for more resources and perhaps a tenants association will form that voice.  The amended motion would enhance the role of the existing groups.

 

Councillor Qadri asked if $150,000 would be enough and would it provide a good framework.  He agrees that more meat needs to be put on the bones before agreeing to spend $150,000 on a group that does not yet exist.  He supports Councillor Bédard’s amendment.

 

Councillor Holmes stated that both motions are really needed.  There is a need for strong need for a group to advocate.  The previous regional tenants association under Mr. MacIntyre was a great voice for the tenants. The City lost a great group. She supports both motions.

 

Councillor Cullen stated that he would support the amended motion and is sorry that his originally motion cannot go forward.  Ottawa Community Housing funds tenants groups and this is a City of Ottawa institution.  Four Councillors sitting on this Committee sit on that Board as well and support the funding of these groups.  He is only asking that the Committee had supported his motion on an all tenants’ group.  A tenant association would have provided that voice.

 

Councillor Bédard stated that he does not want to see a duplication of efforts and is pleased to have the opportunity to help existing groups.  He feels that City Council would not support $150,000 for group with no business plan.

 

Amendment to Councillor Cullen’s motion moved by Councillor Bédard

 

That a 2009 budget pressure of $150,000 be identified for additional funding for Education and Advocacy, Housing Help, Action Lodgment and the Housing Loss Prevention Network to perform these activities.

                                                                                    CARRIED

 

That the Community and Protective Services Committee:

 

1.                  Receive this report for information.

 

2.         Recommend Council approve the inclusion of $150,000 as a budget pressure for additional funding for Education and Advocacy, Housing Help, Action Lodgment and the Housing Loss Prevention Network to perform these activities in the Draft 2009 Operating and Capital Budget Estimates;

 

3.         Direct staff to bring forward a report to the Community and Protective Services Committee on the best practice on municipal licensing of private landlords, no later than June 2009.

 

                                                                                                            CARRIED as amended