Existing Policies

The City’s Urban Hamilton Official Plan contains policies about Rental Housing Protection in Volume 1, Chapter B. These policies speak to both conversions and demolitions of primary rental housing.

Conversions

1. Existing policies allow for conversion under 4 possible scenarios:

• All of the following four conditions are met:
• The rental vacancy rate by dwelling unit and structure type for the City and the respective local housing market zone has been at or above 2.0% for the preceding twenty-four months;
• The proposed conversion must not reduce the rental vacancy rate by dwelling unit type (i.e. number of bedrooms) and structure type (i.e. townhouse, multiple dwelling) to below 2.0% for the City and the respective local housing market zone;
• The existing market rent levels for the units proposed to be converted are not significantly (approximately 10%) below the average market rent levels for the City and the respective local housing market zone for rental units of a similar dwelling unit and structure type and size; and,
• For vacant rental units, the last market rent levels charged prior to vacancy for the units proposed to be converted were not significantly (approximately 10%) below the average market rent levels at the time for the City and the respective local housing market zone for rental units of a similar dwelling unit and structure type and size;”

OR

2. At least 75% of the current tenants support the conversion to condominium;

OR

3. The subject building or group of buildings is a protected heritage property.

OR

4. A conversion may be permitted where repair or retrofitting is immediately required to meet health and safety standards and the income received from rent and available from government funding programs is not capable of supporting the work required.

Demolitions

Demolitions may be permitted if the criteria described in scenario 1 above are met, or if a building is determined to be structurally unsound.

In the downtown, demolitions are only permitted when rental housing units are replaced on-site. Developers are also required to provide an acceptable tenant relocation and assistance plan to address tenant displacement issues. (Downtown Secondary Plan Policies)