Renoviction Policy Review

The City of Hamilton’s Housing Services Division has engaged a consultant (Enterprise Canada) to evaluate the feasibility of implementing a rental licensing bylaw in Hamilton (similar to New Westminster, British Columbia) to help deal with the issue of ‘renovictions’.

This important work is focused on how to end bad faith practice of renovictions and create supports to ensure good landlords can fulfill their obligations while improving units.

The consultant’s analysis will include a review of other jurisdictions and their levels of success dealing with renovictions through a municipal policy lens, as well as being informed by in-person interviews with key stakeholders, and a public survey.

Based on the consultant’s findings, Housing Services staff will take a recommendation report on this issue to the April 20, 2023 Emergency and Community Services Committee for discussion and direction.

Background Information

This in-depth review is specifically looking at renovictions by bad faith landlords and how a municipality can address this issue under Ontario’s Residential Tenancies Act.

Ontario's Residential Tenancies Act (RTA) sets out the rights and responsibilities of landlords and tenants who rent residential properties (i.e., an apartment, a house, or a room in a rooming or boarding house, care homes, retirement homes, etc.).

The Landlord & Tenant Board Act is provincial legislation that dictates how to resolve disputes between landlords and tenants, and eviction applications from non-profit housing co-operatives, through mediation or adjudication. This Act also provides information to landlords and tenants about their rights and responsibilities under the Ontario Residential Tenancies Act (RTA).

Under the Act, landlords have the right to evict tenants if there are plans for major repairs or renovations that require a building permit and vacant possession. The landlord must give the tenant the opportunity to return to their unit at the current rental rate upon completion of the renovation. The tenant must ensure their intent to return is in writing. Learn more about Eviction for Personal Use, Demolition, Repairs and Conversion. Prior to signing anything, tenants are encouraged to get legal advice and/or contact the Hamilton Community Legal Clinic.