From: "steve hartwell" <steve.hartwell@canrem.com>
Newsgroups: ont.general
Subject: house apts q & a 2
Date: 23 Jul 92 22:22:34 EST
Reply-To: "steve hartwell" <steve.hartwell@canrem.com>
Distribution: ont
Organization: Canada Remote Systems


7.   Will the situation be changed by the new Rent Control Act?

     Somewhat.  This new law, which will replace the Residential
     Rent Regulation  Act, also applies to apartments in houses,
     but has a number of new provisions.
     As is the case with the current law, the Rent Control Act
     would allow landlords to apply for above-guideline rent
     increases.  However, these would be limited to high
     increases in utilities and municipal taxes and certain
     capital expenditures.  The total rent increase cannot be
     more than 3 percentage points above the annual guideline in
     any one year.

     The Rent Control Act, also provides a five-year exemption
     from rent control for units created in new homes, although
     this exemption does not extend to apartments added to
     existing homes (i.e. those occupied prior to November,
     1991).  As is the case with the present law, landlords in
     both cases would be able to set the initial rent at whatever
     the market would support, except in cases where an apartment
     was created out of existing space already rented out.

8.   Will all existing apartments in houses be considered "legal"
     as a result of "as-of-right" legislation?

     No.  All existing apartments must meet municipal zoning and
     property standards, and must conform to the Ontario Fire
     Code and orders issued by the Ontario Fire Marshal.  The
     legislation would not provide an amnesty for currently
     occupied units which are substandard.  The legislation would
     help ensure that municipal standards are reasonable, and do
     not have the effect of prohibiting units which meet
     reasonable health and safety standards.

9.   Does this mean that some apartments will be closed down?

     Possibly.  Improved powers of entry likely would result in
     the identification of more substandard apartments.  On the
     other hand, the provincial regulations would ensure that no
     artificially high standards are applied.  The owners of
     substandard units could be required to either bring them up
     to standard, or close them down.  It is expected that most
     homeowners will make the required upgrades, presuming that
     they would not want to lose future rental revenue.

10.  Would the apartments in houses provisions of the legislation
     apply to  rooming, boarding and lodging houses?

     No.  The legislation will apply to self-contained units, not
     to accommodation where individuals rent rooms and share a
     bathroom and/or kitchen.  However, the requirement in the
     1989 Housing Policy Statement that rooming, boarding, and
     lodging houses be permitted in appropriate areas will still
     apply to municipal planning decisions.

11.  Why is the government proposing amendments related to garden
     suites?

     The legislative authority presently available to
     municipalities to regulate this supportive housing form is
     currently somewhat limited.  These amendments will provide
     municipalities with the appropriate tools to effectively
     regulate this housing form as well as to increase the degree
     of certainty of tenure for people who wish to have garden
     suites.

12.  Would the legislation mean that garden suites would be
     permitted everywhere?

     No. Garden suites would be permitted in suitable locations
     as determined by the municipality.  The municipality may
     permit garden suites on a case-by-case basis or throughout
     the municipality.

13.  Why were other legislative approaches to garden suites such
     as licensing not selected?

     The proposed legislative amendments related to garden suites
     simply improve upon the approach which proved effective
     within the province's Portable Living Units for Seniors
     Demonstration Project.

     Licensing has traditionally been used to regulate businesses
     from a health and safety perspective, not to control or
     regulate the occupancy of dwellings.

     Not all municipalities have the expertise or staff to
     implement a licensing program.
=================
 I ask, and strongly encourage all of you to discuss, debate this
 subject. It is an important one. Please - ask me a specific question,
 and I will endeavour to post the specific text from the Draft.

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