Residential Rental Housing Licensing By-Law

Do you rent or lease out a house, a low-rise apartment (three-storeys or less) or even rent out a room in your home? Starting later this year, landlords of these types of accommodations may need a licence.

Attend our Open House

Tuesday, May 16, 2017, 6:30–8 p.m.
Bronte/Palermo Room
Town Hall, 1225 Trafalgar Road

We want to hear from you!

Send us your comments or input directly at enforcementservices@oakville.ca.

Proposed Residential Rental Housing Licensing By-law

The Town of Oakville is developing a new residential rental housing licensing by-law. Our goal is to ensure low-rise residential rental housing is safe, suitable and well maintained. We want to consider both the needs of property owners and residents looking for rental housing. Under this by-law, landlords will have to apply for a licence and renew it each year.

Background

Since 2006 “lodging houses” in the Town of Oakville have required a licence. At that time, the Municipal Act 2001 limited municipalities to licensing and regulating lodging houses only. A “lodging house” is usually a house or building in which individual rooms are rented to people who do not function as a single housekeeping unit. It is just one of several types of residential rental accommodation.

A recent review indicates that residential rental housing is impacting some Oakville neighbourhoods. Existing lodging house regulations do not apply to all rental types resulting in inconsistencies in the enforcement of regulations. In response, Town Council asked staff to develop options that enhance tenant health and safety and protect and maintain stability of residential areas.

On November 7, 2016, council directed staff to draft a residential rental housing licensing by-law. The proposed by-law would create categories of licenses for residential rental housing. These categories could include single housekeeping units as well as lodging houses. The expanded licensing program can improve the town’s ability to ensure residential rental housing is safe, suitable and well maintained.

Possible classes of licences include

Whole Home (Class A) – The entire home is rented out under a single lease.

Non-Owner Occupied (Class B) – Rental units in a house not occupied by the owner.

Owner Occupied (Class C) – Owner rents out one or more units in a house they are living in.

Lodging House (Class D) – A building, or part of a building, in which people rent rooms, with or without meals included.

Licence Application Requirements for All Classes

On Initial Application

Licensing requirements for all classes of residential housing:

  • Municipal address
  • Applicants name and contact info (home Address, telephone, fax, email)
  • Owner name and contact info (home address, telephone, fax, email if different)
  • If corporation, a certificate of status of the Corporation
  • If owner does not reside in municipality, a local contact with contact information
  • Copy of transfer/deed for proof of ownership
  • Names of tenants
  • Police Check
    • If owner occupied: for the owner
    • If partnership: for each partner
    • If corporation: for each director, officer, shareholder with more than 30% share
  • A parking plan that complies with zoning by-law
  • A floor plan including
    • All rooms, spaces or common areas
    • How each room or area shall be used
    • The dimension (in square meters) of all rooms, spaces and common areas
  • A property maintenance plan:
    • Specify measure to be taken to ensure compliance with by-laws
    • Who is responsible for ensuring that all necessary property maintenance is undertaken
  • Signed statement
    • Applicant or owner will comply with maintenance plan
    • Applicant or owner will comply with parking plan
    • Rental unit is in compliance with Building Code Act, 1992 or any regulation under it
    • Rental unit is in compliance with Fire Protection And Prevention Act, 1997 or any regulation under it, including the Fire Code
    • Rental Unit is in compliance with the Electricity Act or any regulation under it, including Electrical Safety Code
    • You are aware of all relevant federal and provincial legislation including the Ontario Human Rights Code, as well as all relevant municipal by-laws
    • Confirms the accuracy, truthfulness and completeness of the information
  • Proof of Liability Insurance
    • No less than two million dollars per occurrence for property damage and bodily harm
    • Identifies the residential rental business is being operated on the property on which the rental unit is situated
  • An HVAC inspection certificate from a certified HVAC technical that confirms the HVAC system is in proper working order
  • A general inspection certificate from a certified Electrical Safety Authority technician confirming the electrical system is in proper working order-within 6 months of application

On Renewal

Please note the following requirements will apply for licence renewals

  • Municipal address
  • Applicants name and contact info (home Address, telephone, fax, email)
  • Owner name and contact info (home address, telephone, fax, email if different)
  • If owner does not reside in municipality, a local contact with contact information
  • Copy of transfer/deed for proof of ownership
  • Names of tenants
  • Police Check
    • If owner occupied: for the owner
    • If partnership: for each partner
    • If corporation: for each director, officer, shareholder with more than 30% share
  • Signed statement
    • Applicant or owner will comply with maintenance plan
    • Applicant or owner will comply with parking plan
    • Rental unit is in compliance with Building Code Act, 1992 or any regulation under it
    • Rental unit is in compliance with Fire Protection And Prevention Act, 1997 or any regulation under it, including the Fire Code
    • Rental Unit is in compliance with the Electricity Act or any regulation under it, including Electrical Safety Code
    • You are aware of all relevant federal and provincial legislation including the Ontario Human Rights Code, as well as all relevant municipal by-laws
    • Confirms the accuracy, truthfulness and completeness of the information
  • Proof of Liability Insurance
    • No less than two million dollars per occurrence for property damage and bodily harm
    • Identifies the residential rental business is being operated on the property on which the rental unit is situated
  • An HVAC inspection certificate from a certified HVAC technical that confirms the HVAC system is in proper working order
  • A general inspection certificate from a certified Electrical Safety Authority technician confirming the electrical system is in proper working order-within 6 months of application (every five years)

The following will be required only if there has been a change:

  • A copy of the tranfer or deed for proof of ownership
  • A parking plan that complies with zoning by-law
  • A property maintenance plan
    • specify measure to be taken to ensure compliance with by-laws
    • who is responsible for ensuring that all necessary property maintenance is undertaken
  • A floor plan including
    • all rooms, spaces or common areas
    • how each room or area shall be used
    • the dimention (in square meters) of all rooms, spaces and common areas

Licensing Requirements for Residential Rental Housing

Whole Home (Class A)

The following are possible licensing requirements for Class A – Whole Home:

  • Non-owner occupied (or, “Owner is not living in the home”)
  • Single lease for whole home
  • Maximum of one kitchen in home
  • Maximum of 5 bedrooms
  • Minimum floor area for a bedroom:
    • With three adult occupants must be a minimum of 14 square meters
    • With four or more adult occupants, must be a minimum of seven square meters per adult occupant

Non-Owner Occupied (Class B)

The following are possible licensing requirements for Class B – Non-Owner Occupied

  • Separate license required for each rental unit
  • Multiple leases in each rental unit; separate leases for each tenant
  • Must have 1 kitchen in each rental unit (maximum 1 kitchen in each unit)
  • Maximum 4 bedrooms per rental unit
  • No more than 40% floor of each rental unit comprised of bedrooms
  • Minimum floor area for a bedroom:
    • With three adult occupants, must be a minimum of 14 square meters
    • With four or more adult occupants, must be a minimum of seven square meters per adult occupant
  • Must comply with sections 9.5 and 9.8 of the Fire Code – where applicable

Owner Occupied (Class C)

The following are possible licensing requirements for Class C – Owner Occupied:

  • Separate license required for each rental unit
  • Multiple leases: must have separate leases for each tenant
  • Must have 1 kitchen in each rental unit (maximum 1 kitchen in each unit)
  • Maximum of 4 rental bedrooms per rental unit
  • No more than 50% floor area of each rental unit comprised of bedrooms
  • Minimum floor area for a bedroom:
    • With three adult occupants, must be  a minimum of 14 square meters
    • With four or more adult occupants, must be a minimum of seven square meters per adult occupant
  • Must comply with sections 9.5 and 9.8 of the Fire Code – where applicable

Lodging House (Class D)

The following are possible licensing requirements for Class D – Lodging House:

  • Operates as, and deemed to be, “boarding houses”, “lodging houses” or “rooming houses” for the purposes of Part 9 of the Fire Code
  • Must comply with requirements of Part 9 of the Fire Code
  • Operate and be deemed to be, “boarding, lodging or rooming houses”, as defined in the Building Code
  • Must comply with requirements of Building Code
  • Comply with applicable zoning requirements
  • Must not exceed 600 square meters or more than three storeys
  • No kitchen or bath exclusive of any tenant
  • No more than two bathrooms, no more than one kitchen
  • Each bedroom must have a door that is capable of being locked
  • Must have written leases, only one tenant per lease
  • No bedroom shall have a working water distribution system installed which would convey water to or from a bedroom

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