New Renovation Licence and Relocation Bylaw Comes Into Effect Jan. 1 to Prevent Bad-Faith Evictions
As of January 1, 2025, the City of Hamilton has implemented a groundbreaking Renovation Licence and Relocation Bylaw aimed at protecting tenants from bad-faith evictions, a practice where landlords use renovations as a pretext to evict tenants and then rent the units at higher rates.
Key Provisions of the Bylaw
Licence Requirement: Landlords must apply for a renovation licence within seven days of serving an N13 notice to tenants to vacate their rental unit for extensive repairs or renovations. The licence costs $715 per unit, with an annual renewal fee of $125[4][1][3].
Documentation and Permits: Landlords must provide all necessary building permits and an engineer’s report to demonstrate that vacant possession of the unit is essential for the renovation work[4].
Tenant Notice and Agreement: Landlords must notify tenants within five days of submitting the renovation licence application and come to an agreement with impacted tenants regarding temporary alternative housing or compensation. A completed attestation form must be submitted once this agreement is reached[1].
Temporary Arrangements: If tenants are required to leave their units during renovations, landlords must secure temporary arrangements that are comparable to the tenants’ current units or provide rent gap payments to cover the difference between the current rent and average market rent[3].
Fines for Non-Compliance: The bylaw includes provisions for fines ranging from $500 to $10,000 for individual landlords and $500 to $50,000 for corporations for non-compliance, subject to approval from the Ontario Ministry of the Attorney General[4].
Impact and Support
This bylaw is part of a broader effort to combat the housing crisis in Ontario and is the first of its kind in the province, with other regions considering similar measures[2][4].
The City of Hamilton has also introduced a Tenant Support Program to assist vulnerable tenants, including funding for legal support at the Landlord and Tenant Board and initiatives for tenant organizing and capacity building[5].
Real-World Implications
The new bylaw is particularly relevant in cases like that of Beverly Hoadley and her neighbours, who are facing eviction from their long-term residence due to renovation plans by their new landlord. Although the bylaw does not apply to their current situation since the N13 notices were issued before January 1, it highlights the need for such protections to prevent similar cases in the future[3].
The City of Hamilton is committed to safeguarding tenants’ rights and preserving affordable housing, and this bylaw is a significant step in that direction.
