In 2010, concerns about a rezoning request to allow a lodging home in a near-campus neighbourhood resulted in the preparation of Report 16015, Planning Department’s Response to Council’s Directive Regarding Lodging Houses (CR152/2010). This report contains input from many City departments, local government agencies, regional stakeholders and Windsor residents as well as substantial review of existing reports, research and other municipalities’ approaches to regulating lodging houses. Report 16015 discusses the legislative considerations surrounding housing variety, neighbourhood diversity, health and safety compliance and affordability required under the Planning Act, the Municipal Act, the Ontario Building Code and Fire Code, the City’s Official Plan and Zoning By-law 8600. Importantly, Report 16015 comments on considerations in relation to the Ontario Human Rights Code and related case law necessary when attempting to regulate residential rental housing.
Report 16015 recommended Council direct the City Planner to prepare a report for the Planning Standing Committee addressing the land use issues related to lodging houses and provide appropriate options for consideration. In response to this directive, Administration returned Report 16750, Lodging Home OPA & ZBA in Response to Council’s Motions M420-2012 & M421–2012 to the Planning and Economic Development Committee on October 15, 2013. In this report, Administration recommends modifications to the Official Plan and Zoning By-Law to update definitions of lodging homes to capture more properties and some of the address land use concerns raised in Report 16015. It also comments on concerns outside of the scope of zoning or the Official Plan and discusses Planning Act limits in distinguishing lodging homes from households comprised of unrelated individuals.
On October 2, 2017, Council received Report C 169/2016, Residential Rental Licensing for information. This report and attachments reflect considerable previous time and effort devoted to the issue of licensing residential rental housing and includes Report 16750 in its appendices. Several municipalities were surveyed regarding their approaches and considerations in implementing residential licensing regimes. Based on these results, Administration presented three options for Council’s consideration but recommended against pursuing a residential licensing program in favour of using existing property standards and maintenance by-laws to address neighbourhood concerns.
Report C 28/2017, Residential Rental Enforcement and Future Zoning was also brought to Council on October 2, 2017. This report discusses the issues facing residential rental housing related to housing stock, tenant population and the broader community, as well as legislative and regulatory challenges through legal non-conforming use and Ontario Human Rights Code compliance. It recommended the creation of a by-law amendment to establish a ratio limiting the number of bedrooms to a dwelling’s floor area to control neighbourhood densities.
Both C 169/2016 and C 28/2017 were deferred by Council until February 2018, when Council supported the establishment of a future city wide zoning by-law amendment to establish a ratio limiting the number of bedrooms in a dwelling in order to manage residential density recommended in Report 16750 through CR61/2018. Council also approved the hiring of two temporary Building By-law Officers and one Temporary Fire Prevention Officer for a two year pilot to increase enforcement of existing property