compliance – entry without permission is only permissible by warrant or where there is significant proof of an immediate danger to health or safety, whether a licensing regime is in place or not.
It should be understood that implementing a licensing regime does not guarantee safe living conditions for tenants. Rather, it only allows for inspections to take place in the homes in which a license has been issued or where access has been granted to determine if a license should be issued. It is likely that only landlords whose properties already meet standards will come forward to comply, leaving non-compliant property owners to continue offering substandard dwellings. Tenants under an agreement and/or lease with a negligent landlord may be ‘coached’ to provide limited information and access to inspection and enforcement personnel; the onus to ensure ongoing compliance and tenant safety is still left effectively in the hands of landlords. Educating tenants on their rights prior to entering into a lease agreement and making them aware of the City resources available to assist when issues arise empowers tenants and helps establish the trust necessary for inspectors and officers to gain the lawful entry necessary for successful pursuit of charges in the courts. Because of this, Administration maintains the position that the use of existing by-laws along with the continued development of a public outreach/education program such as the one currently in place is a more effective manner to deal with rental housing concerns than a licensing regime.
On incentives and partnerships with the University and College on developing more student housing on campus
Grants and loans are the primary tools available to provide direct financial incentives to increase affordable housing development. Grants usually help offset the upfront costs associated with developing affordable housing or reduce the increased tax burden that comes with the developed property’s increased value.
Because they are Provincial institutions and not private businesses, the most significant financial incentives usually employed to spur development do not appeal to post-secondary institutions. The City usually encourages desired development by forgoing revenues, either by freezing the property tax rate of a targeted development for a set number of years or by reducing development charges. These actions offer no incentive to post-secondary institutions as they are already exempt from both. Grants to offset development (permit) fees could be offered on qualifying projects, making the resulting projects less expensive; however, the fees associated with permits and approvals make up a relatively small portion of total construction costs for large-scale projects and are unlikely to provoke the desired response unless accompanied by more significant offerings.
The City is willing to work with institutions to negotiate land exchanges if appropriate. However, it should be noted that the University also possesses significant land expropriation powers through the University Expropriation Powers Act, 1990 and would likely not require municipal intervention to address issues with acquiring specific lands.