Sarnia considers ‘renoviction’ rules, watching London and Hamilton approaches

City hall is keeping a close eye on London and Hamilton as Sarnia considers how to address Residential Tenancies Act gaps leading to “renovictions” in the city.

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“There is definitely concern that tenants may not be aware of their rights when a landlord attempts to complete renovations,” said acting city solicitor Randi Kalar.

Sarnia council earlier this month was briefed on licensing bylaw changes in Hamilton and London, similarly aimed at safeguarding tenants without placing unnecessary burdens on landlords.

One aspect in both plans is requiring landlords to obtain city licenses to evict tenants for renovations, using N13 notices, a Sarnia report says.

That process triggers an opportunity for city halls to tell tenants about their rights, it says, including the right to stay in the unit until a Landlord and Tenant Board hearing, and to first refusal of the rented unit.

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Hamilton’s new bylaw is scheduled to take effect in 2025, while London’s could start as early as this month, depending on council deliberations in the city, Kalar said.

“The goal of both bylaws … is addressing that eviction piece and encouraging a higher level of communication,” she said, noting she also expects to see other municipalities addressing the issue soon.

A report with options for Sarnia, in terms of following London or Hamilton’s lead, could come a few weeks or months after the cities’ new rules are in effect, Kalar said, noting Sarnia city staff are in regular contact with their London and Hamilton counterparts .

“One of the things we have spoken to them about are the potential hiccups in the processes once they’re implemented, and really we don’t know what (those) may entail until they start,” she said about why it’s wise to wait .

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“We would just want to know what hurdles they face along the way before we seek to implement something similar,” she said.

Hopes are to postpone back by spring 2025, and hopefully sooner, she said.

Sarnia city council last Decemberconcerned about preserving affordable housing stock and decreasing homelessness, unanimously approved looking into what other cities are doing so Sarnia can perhaps follow suit.

“This is just one more piece in the puzzle for why people are homeless, or why so many people are struggling right now,” said Sarnia Coun. Anne Marie Gillis about renovictions.

She said she’s pleased, after calling for action last year, to see Sarnia is keeping on the issue and agrees with following the lead of larger municipalities.

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“As a good friend of mine keeps saying to me, ‘There’s no reason why we should reinvent the wheel,’” she said.

Community Legal Assistance Sarnia’s Melissa Bradley said she’s also grateful and pleased to see the city still on the issue.

The clinic has been dealing with a “growing number” of N13 cases, she said, noting two multi-unit buildings in Sarnia have been undergoing repair and renovation work for more than a year, as tenants stay elsewhere.

“It’s scary to see tenant rights kind of gone or lost due to unnecessary delay,” she said.

Going through a process to check if building permits are required for work before issuing an N13 could be helpful, she said.

If city workers say a building permit isn’t required, landlords can do repairs without tenants having to leave, she said.

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“There’s interruption for the tenant, but they’re not going to be catastrophic to the point where they lose their home,” she said, adding she expects N13 use under that system would drop dramatically.

“Then, if you do require a permit under the Building Code Act, under the bylaws we currently have, there is a mandatory review of a permit issued after one year,” she said, noting the bylaw also allows the city to step in and complete repairs that drag.

Both the Hamilton and London approaches involve hiring more staff.

What taking either of those paths in Sarnia would mean financially could be part of a future report, Kalar said.

[email protected]
@tylerkula

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