HomeMy WebLinkAboutPD-119-98DN: PD-119-98
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting:
General Purpose and Administration Committee
File # L11.
Date:
Monday, October 5, 1998
Report #: PD-119-98 FILE #: PLN 11.2.3
Subject: BILL 96 -TENANT PROTECTION ACT
FILE: PLN 11.2.3
Recommendations:
Res.#C~PA -5 a5~`J`~
By-law # ~ ~~
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-119-98 be received ;
2. THAT the amendment to the By-law No. 96-032, as contained in Attachment No. 1
to this report, be APPROVED.
1. BACKGROUND
1.1 The Tenant Protection Act came into effect on June 19`h, 1998, repealing the
Rental Housing Protection Act. This new act predominantly deals with legislating
tenant and landlord rights. It provides regulations with respect to tenancy
agreements; responsibilities of a landlord; termination of tenancies; rights and duties
of landlords and tenants; for care homes, mobile home parks and land lease
communities; rules for adjusting rents, and the Ontario Rental Housing Tribunal.
1.2 Many of the regulations within this Act are not applicable to the Planning
Department. However, one significant change of relevance is the relaxation of
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REPORT NO.: PD-119-98
PAGE 2
regulations for converting existing rental units to condominium units. Under the
Rental Housing Protection Act, municipalities were responsible for ensuring that a
condominium conversion would not be approved unless the applicant agreed to
replace the rental housing with similar units in a similar rental range and/or the
proposal did not adversely affect the supply of affordable rental units. In addition,
the following procedure was required:
• the applicant was required to notify the tenants;
• a municipality was required to hold a public meeting; and
• a municipality's decision could be appealed to the OMB.
Under the new Act, all that is required is that the owner/applicant provide notice for
a period of 120 days of their intentions to convert the building from rental to
condominium tenure. The Municipalities do not have any approval authority under
this new legislation.
2. MUNICIPAL RESPONSIBILITIES
2.1 The passage of The Tenant Protection Act eliminates the municipal role that
previously existed under the Rental Housing Protection Act. However, the
municipal role under the Planning Act remains. Area municipalities review and
make recommendations to the Region for approval of plans of condominium. In
doing so, such applications must conform to the Durham and Clarington Official
Plans.
2.2 The Clarington Official Plan includes policies regarding condominium conversion
policies in Section 6. An applicant/owner who wishes to convert rental
accommodations to condominiums must satisfy the following requirements:
a) the rental vacancy rate for the whole of the Municipality is 3% or higher for
two successive surveys, as determined in the bi-annual rental vacancy survey
undertaken by CMHC.
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REPORT NO.: PD-119-98 PAGE 3
b) the rental vacancy rate for the specific bedroom types affected by such
conversion is 2% or higher;
c) the approval of such conversions to condominium tenure does not result in
the reduction of the vacancy rate below 3% and 2% respectively, in
accordance with (a) and (b) above; and
d) there is an agreement between the owner and the Municipality to satisfy
financial and other conditions.
2.3 The Ministry of Housing has advised us that the owner of a rental unit has the right
to convert the units to condominium units under the Tenant Protection Act.
However, should a municipality's Official Plan possess policies regulating the
conversion of rental units to condominiums, the requirements of the Official Plan
remain enforceable.
3. CONCLUSION
3.1 As a result of the legislative change~a separate application for a condominium
conversion will not be required. Instead, a condominium conversion will be treated
similar to a new condominium application which will be processed under the
Planning Act and the Condominium Ad. This will eliminate the need for a separate
public meeting for condominium conversion.
3.2 It is recommended that the Municipality's Fee Schedule By-law 96-032 be revised
in accordance with the attached by-law (Attachment No. 1). The proposed by-law
amendment would delete the requirement for an application under the Rental
Housing Protection Act and clarifies that the subdivision fee is applicable to a plan
of condominium.
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REPORT NO.: PD-119-98
PAGE 4
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning & Development
HB*DC*FW*km
18 March 1998
Reviewed by,
tockwell,
Chief Administrative Officer.
Attachment No. 1 -Proposed Amendment to By-law (96-032)
656
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NUMBER 98-
being a By-law to amend By-law 96-032, the by-law for the payment
of the fees for information and services.
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 96-032, as amended, of the Corporation of the Municipality of
Clarington.
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. The Schedule "B" to By-law 96-32 being the "Fees Prescribed by the Director of
Planning and Development" be amended as follows:
a) that the fifth item be changed from "Draft Plan of Subdivision" to "Draft Plan
of Subdivision/Condominium"
b) that the 21" item "Application Required by the Rental Housing Protection
Act" and the related fees be deleted.
2. This By-law shall come into effect on the date of the passing hereof.
BY-LAW read a first time this day of 1998
BY-LAW read a second time this day of 1998
BY-LAW read a third time and finally passed this day of lggg
MAYOR
CLERK
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