Hamilton looks to crack down on apartment building neglect, renovictions with new bylaws

CBC Hamilton is investigating the living conditions that tenants face and what responsibility the city has to uphold property standards. This is the final part of a three-part series. Part 1 can be found here and Part 2 here.

As Hamilton's housing crisis deepens and some tenants living in dire conditions can't afford to move, the city is proposing sweeping measures to crack down on crumbling apartment buildings. 

Staff are recommending the creation of a safe apartment buildings bylaw, which could result in regular inspections and more stringent enforcement of the property standards for nearly 900 buildings — the number of rental apartment buildings in Hamilton with more than two storeys.

Councillors will consider this bylaw, as well as another intended to stop renovictions, at the emergency and community services committee meeting on Thursday. If it's passed there, council will have the final say on Friday. 

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Tenant advocacy group ACORN has been pushing for this type of program since 2017, said member Christine Neale, who rents a unit in downtown Hamilton. 

"The fact we now have a bylaw to work with is really heartening," she said. 

The city's goal is to preserve what's left of Hamilton's affordable rental housing by ensuring landlords maintain buildings rather than let them go into disrepair to justify renovictions — evicting tenants for extensive renovations, the report says.

Over the last decade, Hamilton has lost 16,000 affordable units as landlords increase rent between tenants and fewer purpose-built rentals are on the market, said general manager Angie Burden at a committee meeting earlier this week. Meanwhile, the number of people experiencing homelessness in Hamilton has increased nearly 70 per cent since 2020, according to the city.  

How it would work — and when

The safe apartment buildings bylaw would require landlords to register their building with the city and have plans in place for pest and waste management, cleaning, repairs, electrical maintenance and vital service disruption, including power outages and water shutoffs. 

They'd be subject to regular city inspections and be scored on how well the building is maintained.

Landlords would also need to keep track of all tenant maintenance requests and what actions were taken to address them, the staff report said. If a request involves a security issue or shutdown of vital service such as running water or power, the landlord must respond within 24 hours. 

Karl Andrus of the Hamilton Community Benefits Network said the bylaw, with some tweaks, is what tenants need to prevent a months-long water shut off or bed bug and cockroach infestations like those reported by CBC Hamilton earlier this month. 

"This is good work and it's going to make a major difference," said Andrus, the network's community benefits manager. 

However, building inspections wouldn't start until September 2025, according to the staff report.

That's not soon enough, Neale and Andrus both said. 

"People are living in unsafe apartments right now," Andrus said. "They really need to be supported as soon as possible, not in two years." 

Hamilton is asking council for $2 million to start the program, which would require hiring 25 employees and buying 13 new vehicles, the report says. Once it's running, the registration fees of between $420 and $4,200, depending on the number of units, would cover 65 per cent of the costs. 

Toronto says its 'RentSafe' program is a success

Hamilton's safe apartment buildings bylaw is mirrored after Toronto's RentSafe program, which began in 2017. 

Carleton Grant, the City of Toronto's municipal licensing and standards director, told CBC Hamilton it has compelled landlords to have proper plans for safety, maintenance, ongoing repairs and given tenants a way to effectively get things fixed.

"Each year we've seen the grades of our buildings rise, so people are paying attention," Grant said. 

"People are aware of the program and they're aware we can hold the landlord accountable." 

Toronto recovers 87 per cent of the cost of running the program, he said. It also posts all building scores online to ensure prospective tenants know what they're signing up for.

ACORN is requesting Hamilton follow suit, Neale said. However, the city is currently proposing landlords be required to provide the score to tenants and anyone who requests the document. 

Renoviction bylaw would be 1st in Canada

Councillors are also considering a new renovation licence and relocation listing repair bylaw that would be the first of its kind in Canada to try to prevent unnecessary renovictions.

That bylaw would require landlords to apply to the city for permission to evict tenants for repairs and renovations, according to the staff report. Landlords would also have to provide tenants with the opportunity to rent another unit close by and at no more than 15 per cent their current rate.

However, if landlords can't find a comparable unit, they could notify the city — and it is unclear what happens next.

Andrus said the draft bylaw doesn't appear to be "fully baked" and needs to be strengthened to ensure landlords allow tenants to return to their units after renovations or provide them with another unit for the same price. 

Staff are also asking for $1.2 million a year to bolster the tenant defence fund, which provides legal support to tenants facing eviction and above guideline rent increases.