TABLE OF CONTENTS

REPORTS OF THE STANDING COMMITTEES

AND OTHER COMMITTEES

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

TORONTO COMMUNITY COUNCIL

REPORT No. 13

1Construction at 411 Duplex Avenue/33 Orchard Park Boulevard (North Toronto)

City of Toronto

REPORT No. 13

OF THE TORONTO COMMUNITY COUNCIL

(from its meeting on November 12, 1998,

submitted by Councillor Kyle Rae, Chair)

As Considered by

The Council of the City of Toronto

on November 25, 26 and 27, 1998

1

Construction at 411 Duplex Avenue/

33 Orchard Park Boulevard (North Toronto)

(City Council on November 25, 26 and 27, 1998, adopted the following Recommendation No. (3) of the Toronto Community Council:

"The Toronto Community Council recommends that:

(3)officials from the City Works and Emergency Services, Noise Section, Urban Planning and Development Services, Inspections Division and Public Health be instructed to give the issues raised by the tenants at the public meeting held on October 6, 1998, the highest priority by dedicating staff to bringing the intolerable situation to an end.")

(City Council on October 28, 29 and 30, 1998, deferred consideration of this Clause to the next regular meeting of City Council to be held on November 25, 1998. (Please note that Notice of MotionJ(13) to re-open consideration of the policy pertaining to Council office budgets, in order to give consideration to Recommendations Nos. (1) and (2) embodied in the foregoing Clause, was not adopted by Council.)

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(Clause No. 66 of Report No. 12 of The Toronto Community Council)

The Toronto Community Council recommends that:

(1)City Council establish that the expenditure of the Councillor's Communications Budget is entirely within the discretion of the Councillor, and that public scrutiny ensures the necessary accountability, and that no approval of the request by Councillor Walker is required;

(2)in the event that Recommendation No. (1) fails,

(a)a grant in the amount of $5,000 be give to the 33 Orchard View Boulevard and 411 Duplex Avenue Tenant Association, for the purpose of engaging legal and consulting assistance in the tenant appeal to the Ontario Housing Tribunal for a rent abatement;

(b)the grant be deemed to be in the interest of the municipality; and

(c)the funds be provided from Councillor Walker's Communication Budget; and

(3)officials from the City Works and Emergency Services, Noise Section, Urban Planning and Development Services, Inspections Division and Public Health be instructed to give the issues raised by the tenants at the public meeting held on October 6, 1998, the highest priority by dedicating staff to bringing the intolerable situation to an end.

The Toronto Community Council submits the following communication (October 7, 1998) from Councillor Walker:

Recommendation:

1.That the Toronto Community Council recommend that the City of Toronto instruct the City Solicitor, the Director of Policy and Programs, Shelter, Housing and Support Division and other appropriate City staff to assist tenants at the above premises in their appeal to the Ontario Housing Tribunal for a rent abatement; and,

2.That Toronto Community Council recommend that the City of Toronto instruct staff from City Works and Emergency Services, Noise section, Urban Planning and Development Services, Inspections Division and Public Health to give this issue the highest priority by dedicating staff to bringing this intolerable situation to an end.

Background:

On October 6, 1998 I held one of the largest public meetings on tenant issues that I have seen in the last three years. Over 250 tenants from 411 Duplex Avenue and 33 Orchard View Boulevard packed the gymnasium at St. Monica's School, with some having to stand in the hallway due to the shortage of seating. The tenants raised several concerns with regards to the living conditions in these buildings. City Staff from Inspections, Noise Division, Planning and Housing were on hand to answer questions directed to them.

The problems discussed stem from three main factors:

i.Construction of a multiplex cinema at the Yonge-Eglinton Centre is taking place outside the hours permitted by the City of Toronto noise By-laws. Delivery trucks arrive as early as 4:30a.m., unloading materials in the narrow lane-way that runs between the two buildings. Jack hammering and other construction noise can be heard prior to 7:00 a.m. with the elevated noise levels often continuing as late as 2 o'clock in the morning. Balcony reconstruction is taking place at both buildings and tenants have not been permitted to use them for the last several months. Furthermore, the increased noise and dust levels created by the construction do in my opinion, pose a serious health hazard to tenants in these buildings. One gentleman at the meeting demonstrated this by displaying a filter from his air conditioning unit. It had been installed only 6 weeks before and now was completely covered in black dust. He explained to the crowd that he has had to purchase and change the filters once a month because the property manager would not do it.

ii.General problems including broken elevators, mice infestation, the landlord refusing to deal with disruptive tenants, disconnection of cable television, front doors to apartments not fire-rated and repairs not being completed in apartments are apparent.

iii.Misuse of new powers given to the landlord under the Tenant Protection Act include: eviction notices being sent to certain tenants improperly or without cause, the landlord attempting to force tenants to sign agreements waiving their right to appeal for a rent reduction, and the landlord on numerous occasions has illegally entered tenants' apartments without giving any prior notice.

I therefore ask the Toronto Community Council to adopt the above recommendations and help the tenants of 411 Duplex Avenue and 33 Orchard View Boulevard return to living in the peaceful and tranquil environment to which they have a right.

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Councillor Johnston declared her interest in the foregoing matter insofar as that she is a tenant at a property owned by the landlord of the subject properties.

Respectfully submitted,

KYLE RAE,

Chair

Toronto, November 12, 1998

(Report No. 13 of The Toronto Community Council was adopted, as amended, by City Council on November 25, 26 and 27, 1998.)