THE FEDERATION OF METRO TENANTS' ASSOCIATIONSTenant Survival Manual
Chapters
Are You Covered by the Law?
Above Guideline Rent Increases
Conversion, Demolition or Renovation
Conversion, Demolition and Renovation
In Toronto, a new by-law was passed in July 2007 under the City of Toronto Act Section 111 which regulates changes to rental buildings with six or more dwelling units. Under the by-law, a property owner must obtain a permit from the City to convert their rental buildings to another use, demolish their buildings, do renovations that change the number or type of rental units, or sever rental property. The by-law complements the Notice and compensation provisions set out in the Residential Tenancies Act. Both the City by-law and the RTA are discussed below.
If after reading this section, you have specific questions about conversion, demolition or renovation call the Tenant Hotline at 416-921-9494.
For more detailed information on the City’s rental housing demolition and conversion by-law, call City Planning staff at 416-397-4073 or 416-392-7863, or visit the City’s website at: www.toronto.ca/planning/housing.htm.
Conversion to Condominium, Co-ownership or Non-Residential Use
The new City by-law applies to the conversion of rental buildings, or co-ownership (including equity co-operative) buildings with rental units, to condominium. The by-law also requires that the City now regulate the conversion of rental buildings to co-ownership or other non-residential uses. Before these types of conversions can happen, the owner needs to make an application and receive approval from the City.
If the building has six or more rental units, a community meeting will be held and tenants will be notified and invited to attend. A staff report will be prepared and Community Council will consider the application. All affected tenants are able to attend and speak at this meeting. City Council then makes the final decision.
If your building has six or more dwelling units but fewer than six are rented, then the Chief Planner may be allowed to consider the application without the need for a community meeting.
The Residential Tenancies Act also says that tenants living in buildings that are subject to conversion to condominiums have certain rights:
· If the conversion is approved and you are living there at the time, you cannot be evicted by the owner or another person who purchases your unit
· If your unit is being sold as a condominium, you are also given the “right of first refusal” to buy the unit before it’s offered to another person
The rules are different under the RTA for buildings being converted to a non-residential use. If the City approves the application, the property owner may apply to the Landlord and Tenant Board for an application to evict you. There are a few important things to know about evictions for conversion to other non-residential uses:
· You must be given at least 120 days notice of the conversion
· If the building you live in has five or more units, the property owner must offer you either three months rent or another unit somewhere else that’s suitable to you (depending on the situation, City requirements may be better than the notice and compensation provisions of the RTA)
The RTA also offers some protection for tenants in rental buildings that have been or are in the process of being converted to co-ownership. In many cases, tenants cannot be evicted for the co-owner’s or shareholder’s personal use.
Demolitions and Renovations
The new City of Toronto by-law also applies to the demolition of rental buildings or renovations made to rental buildings that would result in a change to the number or bedroom type of the existing units. The property owner must first apply to the City.
If the building has six or more rental units an informal community consultation meeting is needed before planning staff submit a report to Community Council. As a tenant, you will be invited to attend and speak at both the community consultation meeting and Community Council meeting. City Council makes the final decision to approve or deny the application.
When fewer than six dwelling units are rented, or fewer than six rental units are affected by the proposal, the Chief Planner may consider the application without a community consultation or Community Council meeting.
If the application is approved, City Council or the Chief Planner can put conditions on the approval. Conditions may include requirements that:
· the rental units be replaced and relocation assistance be given to tenants if the building is being demolished, or
· the property owner notify tenants of their rights under the RTA
If the City approves the application, the property owner may apply to the Landlord and Tenant Board for an application to evict you. The RTA has specific rules about these evictions for demolitions or renovations which you should know about:
· You must be given at least 120 days notice prior to the start of the demolition or renovation work (the notice period of 120 days may be extended by the City for applications requiring approval under the City’s by-law)
· If the building you live in has five or more units, the owner must offer you either three months rent or another unit that is acceptable to you (unless the building is ordered to be demolished for other reasons)
· Also, if your building is being repaired or renovated and has five or more units, you have the right to occupy the unit after the renovations are done and pay the same rent you would have been paying if you had never left
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