The risk related to intensification of residential rental housing was discussed extensively as part of the licensing debate in 2017 which concluded with Council decision CR61/218 which:

Reaffirmed the continued use of existing by-laws to address property standards, noise, and parking issues with respect to residential rental housing;

Supported increasing capacity of enforcement staff for fire and building inspections;

Requested Administration make recommendations regarding education and information available to landlords, students, and other tenants; and

Supported the future establishment of relationship between the number of bedrooms and a dwelling’s gross floor area as well as Official Plan policies that direct density to neighbourhoods that can accommodate residential intensification.

Zoning By-law 8600 defines a Lodging House as a “dwelling in which a minimum of four persons, not including staff, are provided with lodging for hire, with or without meals .” OPA 122 introduced a policy to prevent the establishment of ‘de facto’ lodging houses by limiting the total number of lodgers (i.e. persons provided with lodging for hire) within the entire residential dwelling (i.e. both primary and additional units) to three, which is currently the maximum set out in the Zoning By-law. For example, the policies aim to prevent a scenario where the primary unit contains three bedrooms leased to renters and a second unit creates two additional bedrooms leased to renters.

Sections 17(24.1) and 34(19.1) of the Planning Act, do not permit appeals to the Local Planning Appeal Tribunal regarding policies policy or zoning provisions that permit second units in accordance with section 16(3) of the Act.

Exempting additional dwelling units from the requirement to provide a parking space within core area neighbourhoods may result in increased demand for on-street parking and residential parking permits, which are currently in high demand within this area. The alternative (i.e. requiring an additional parking space within core area neighbourhoods) may exclude many properties from adding an ADU, which may be viewed as exclusionary and inconsistent with provincial policy and legislation requiring municipalities to permit ADUs.

The creation of additional dwelling units within accessory buildings that are accessed via an alley may increase pressure for capital improvements (e.g. lighting) and ongoing maintenance (e.g. winter maintenance) within alleys.