Order to Prohibit Rent Increases (OPRIs)

The Planning and Transportation Committee recommends that the Province of Ontario be requested to amend the Tenant Protection Act to restore the municipalities' ability to apply to the Province to issue Orders Prohibiting Rent Increases work orders against problem addresses in order to achieve compliance with building code standards.

The Planning and Transportation Committee submits the following report (August 24, 1999) from Councillor Walker, Chair, Sub-Committee to Restore Rent Control:

Origin:

Councillor John Adams

Purpose:

To request that the Planning and Transportation Committee consider the matter of outstanding Orders Prohibiting Rent Increases (OPRI's) issued before the Tenant Protection Act came into effect on June 17, 1999 against negligent landlords who have failed to comply with building code standards.

Recommendations:

That Planning and Transportation Committee recommend that City Council request that the Province of Ontario amend the Tenant Protection Act to restore the municipalities ability to apply to the Province to issue OPRI work orders against problem addresses in order to achieve compliance with building code standards.

Background:

At its meeting of August 11, 1999, the Sub-Committee to Restore Rent Control had before it the attached communication from Councillor Adams respecting Orders to Prohibit Rent Increases (OPRI's).

As the meeting did not have quorum (only seven members were present) the Sub-Committee met informally. Members present at the meeting recommended that recommendation 2 of Councillor Adams communication (above) be forwarded to City Council through the Standing Committee for consideration at its next meeting.

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(Communication dated August 10, 1999 from Councillor Adams

addressed to the Sub-Committee to Restore Rent Control)

Purpose:

To request that the Sub-Committee to Restore Rent Control consider the matter of outstanding Orders Prohibiting Rent Increases (OPRI's) issued before the Tenant Protection Act came into effect, against negligent landlords who have failed to comply with building code standards.

Financial Implications:

Not applicable.

Recommendations:

(1)That the Chief Building Official, in co-operation with the Chief Planner be instructed to:

(i)review all outstanding OPRI work orders in the City of Toronto to determine how many rental units are presently affected by an OPRI rent freeze and the status of the compliance of these work orders;

(ii)determine whether an adequate level of compliance standards are being applied in the clearing of OPRI work orders;

(iii)determine how the City might better achieve compliance with non-OPRI work orders issued against negligent landlords after the introduction of the Tenant Protection Act in June 1998, on buildings with outstanding co-existing OPRI work orders; and

(2)That the Sub-Committee to Restore Rent Control recommend that City Council request that the Province of Ontario amend the Tenant Protection Act to restore the municipalities ability to apply to the Province to apply an OPRI work order against problem addresses in order to achieve compliance with building code standards; and

(3)That the Chief Building Official, in co-operation with the Chief Planner, be instructed to review the legislation dealing with the enforcement of property standards, and report back to the sub-committee on other recommended amendments to the Tenant Protection Act that would further strengthen the municipality's ability to maintain these standards.

Background:

In an August 7, 1996 report to the former City of Toronto Council, prior to the introduction of the Tenant Protection Act, the Commissioner of Housing reported that OPRI's were the "single most effective tool for gaining timely compliance for property standards violations given that was a direct and continuous incentive to have deficiencies corrected." From 1992 to 1996, the Province issued 5289 OPRI's in the City of Toronto, of which 72 per cent were rescinded or withdrawn before the rent freeze went into effect because the landlord had satisfied City staff of the completion of the subject work order. The weakening of the City's ability to gain compliance of property standards is increasingly causing tenants to demand better protection, as is evident from the attached communication, addressed to me by Parkdale Tenants' Association, dated July 23, 1999.

The Planning and Transportation Committee also had before it the communication (July 23, 1999) from Robert B. Levitt, Parkdale Tenants Association, appended to Councillor Adams' foregoing communication, which was forwarded to all Members of Council with the agenda of the Planning and Transportation Committee for its meeting of September 13, 1999, and a copy thereof is on file in the office of the City Clerk.