On January 18, 2024, Deputy Mayor and By-Law Officer, during a media interview on Red FM 88.9, asserted that the Residential Rental Licensing (RRL) entails property owners granting written permission to the city to enter the premises without notice. This provision is articulated in the rental application, wherein applicants express their agreement to permit inspections by City staff (Fire, Building Division, Enforcement) as a condition of the application. Furthermore, applicants agree to random inspections during the license validation period, with or without prior notice.
Our response: it is contended that such acceptance does not constitute a legal declaration and is deemed to be in violation of the Municipal Act, 2001, S.O. 2001, c. 25 Section 386, Residential Tenancies Act, 2006, S.O. 2006, c. 17 Section 26 and 27, as well as The Landlord's Right of Entry into a Rental Unit Interpretation Guideline 19.
Reference to article published in https://bramptonist.com/minister-says-no-for-warrantless-entry-into-private-homes/
August 17, 2021 (3 Minute Read) With files from Kuwarjeet Singh Arora, Contributing Editor at Bramptonist
AS QUOTED IN ABOVE ARTICLE:
Legal scholars state it is likely unconstitutional to enter a person’s home without permission by the homeowner or the courts.
Last week, Councillor Jeff Bowman and other city representatives met with Ontario’s Minister of Municipal Affairs and Housing, Steve Clark, to discuss city issues. The meeting was not open to the public. At the meeting Bowman broke ranks with the majority of his colleagues when he requested, again, that the government permit entry into people’s homes without permission.
In same program, It is emphasized that the city currently employs only six by-law officers for second dwellings.
Our response: As we are saying from day one, issue is not by-law, issue is man power at city to enforce by law. Even with RRL, the contention remains that the fundamental issue lies not in the by-law itself, but rather in the insufficient manpower at the city's disposal to enforce these regulations. The recommendation is for the city to consider the recruitment of additional by-law officers. The assertion is reiterated that the Residential Rental Licensing exacerbates existing challenges, fostering complexity in the relationships between the city, landlords, and tenants. Rather than addressing primary concerns, the RRL introduces further complications, resulting in increased workload for the city and financial burdens for property owners, especially in the context of an already struggling economy.
#STOPRRL #NoRentalLicencingInBrampton #RRLDebate #LegalInsights #TenantLandlordRelations