Windsor’s rental housing bylaw pilot is legal and within the powers granted to municipalities under the Municipal Act.
This is the ruling of the Ontario Court of Appeal issued this week.
In a 20-paragraph decision, the ONCA confirms that municipalities have powers to regulate rental housing under the broad powers of Section 25 of the Municipal Act.
Section 25 states a municipality may make by-laws respecting a wide variety of matters, including the health, safety and well-being of persons and the protection of persons and property.
In 2023, Windsor adopted a rental housing licensing pilot in neighbourhoods near post-secondary institutions.
The Windsor by-law is very similar to Hamilton’s rental housing licensing pilot bylaw.
A group of rental owners and operators challenged the bylaw in court, arguing that the by-law was enacted in bad faith, was ultra vires [beyond the municipality’s authority], violated their human rights and right to privacy, and violated their Charter rights.
Ontario Superior Court Justice Kelly Gorman dismissed all their arguments.
Of note in the Court of Appeal decision is that municipalities can require criminal record background checks on landlords.
The landlords are required to pay the City of Windsor $13,000 in costs.
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Published: February 4, 2025
Last updated: February 4, 2025
Author: Joey Coleman
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