Item - 2017.EX24.30

Tracking Status

  • City Council adopted this item on April 26, 2017 with amendments.
  • This item was considered by the Executive Committee on April 19, 2017 and adopted without amendment. It will be considered by City Council on April 26, 2017.

EX24.30 - Crime and Evictions for Cause in Toronto Community Housing

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 26, 27 and 28, 2017, adopted the following:

 

1.  City Council request the Province of Ontario to amend The Housing Services Act, 2011, or other relevant legislation, to allow social housing providers the discretion to refuse to rehouse a tenant who has already been evicted for serious criminal activity through an N6 application to the Landlord and Tenant Board. 

 

2.  City Council request the Deputy City Manager, Cluster A and the City Solicitor to provide Council with advice on how best to achieve the following:

 

a.  amending the Trespass to Property Act, 1990 to allow for residents of Toronto Community Housing to provide a statement to explicitly refuse the entrance of specified person(s) enforceable by Special Constables; and

 

b. amending the Municipal Freedom of Information and Protection of Privacy Act, 1990 to allow for Special Constables of Toronto Community Housing to obtain information regarding criminal offences on Toronto Community Housing property when that information is needed for proceedings at the Landlord and Tenant Board;

 

and to report to the June 19, 2017 meeting of the Executive Committee.

Background Information (Committee)

(April 19, 2017) Letter from Mayor John Tory on Crime and Evictions for Cause in Toronto Community Housing
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103049.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Mayor John Tory (Carried)

That City Council amend Executive Committee Recommendation 1 by deleting the words "behavioural misconduct" and inserting the words "serious criminal activity through an N6 application" so that it now reads as follows:

 

1.  City Council request the Province of Ontario to amend The Housing Services Act, 2011, or other relevant legislation, to allow social housing providers the discretion to refuse to rehouse a tenant who has already been evicted for serious criminal activity through an N6 application to the Landlord and Tenant Board.

Vote (Amend Item) Apr-26-2017 4:47 PM

Result: Carried Majority Required - EX24.30 - Tory - motion 1
Total members that voted Yes: 38 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory
Total members that voted No: 1 Members that voted No are John Campbell
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Michelle Holland, James Pasternak, Anthony Perruzza, Kristyn Wong-Tam

Vote (Amend Item) Apr-26-2017 4:48 PM

Result: Carried Majority Required - EX24.30 - Tory - motion 1 - REVOTE
Total members that voted Yes: 39 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 5 Members that were absent are Paul Ainslie, Michelle Holland, James Pasternak, Anthony Perruzza, Kristyn Wong-Tam

Motion to Reconsider Vote moved by Councillor Michael Thompson (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider the vote on motion 1 by Mayor Tory.


2 - Motion to Amend Item moved by Councillor Gord Perks (Carried)

That City Council delete Executive Committee Recommendations 2 and 3 and replace them with the following new recommendation:

 

2.  City Council request the Deputy City Manager, Cluster A and the City Solicitor to provide Council advice on how best to achieve the following:

 

a.  Amending the Trespass to Property Act, 1990 to allow for residents of Toronto Community Housing to provide a statement to explicitly refuse the entrance of specified person(s) enforceable by Special Constables; and

 

b. Amending the Municipal Freedom of Information and Protection of Privacy Act, 1990 to allow for Special Constables of Toronto Community Housing to obtain information regarding criminal offences on Toronto Community Housing property when that information is needed for proceedings at the Landlord and Tenant Board;

 

and to report to the June 19, 2017 meeting of the Executive Committee.

Vote (Amend Item) Apr-26-2017 4:49 PM

Result: Carried Majority Required - EX24.30 - Perks - motion 2
Total members that voted Yes: 38 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 2 Members that voted No are Norman Kelly, Giorgio Mammoliti
Total members that were Absent: 4 Members that were absent are Paul Ainslie, Michelle Holland, James Pasternak, Anthony Perruzza

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-26-2017 4:50 PM

Result: Carried Majority Required - EX24.30 - Adopt the item as amended
Total members that voted Yes: 40 Members that voted Yes are Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Joe Cressy, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Michael Ford, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, Gord Perks, Jaye Robinson, Neethan Shan, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 4 Members that were absent are Paul Ainslie, Michelle Holland, James Pasternak, Anthony Perruzza

EX24.30 - Crime and Evictions for Cause in Toronto Community Housing

Decision Type:
ACTION
Status:
Adopted
Wards:
All

Committee Recommendations

The Executive Committee recommends that:

 

1.  City Council request the Province of Ontario to amend The Housing Services Act, 2011, or other relevant legislation, to allow social housing providers the discretion to refuse to rehouse a tenant who has already been evicted for behavioural misconduct.

 

2.  City Council request the Province of Ontario to amend The Trespass to Property Act, 1990 to allow for residents of Toronto Community Housing to provide a statement to explicitly refuse the entrance of specified person(s) enforceable by Special Constables.

 

3.  City Council request the Province of Ontario to amend The Municipal Freedom of Information and Protection of Privacy Act, 1990 to allow for Special Constables of Toronto Community Housing to obtain information regarding criminal offences on Toronto Community Housing property when that information is needed for proceedings at the Landlord and Tenant Board.

Origin

(April 19, 2017) Letter from Mayor John Tory

Summary

One of the first actions I took when coming into office was striking a Task Force to review Toronto Community Housing's service to its residents. A significant amount of work has been completed to improve the lives of residents since the Task Force was struck. Following the Task Force's interim report, I asked that Toronto Community Housing complete an action plan on the Task Force's interim recommendations to immediately improve the lives of tenants. One of the items requested was to improve safety and security in Toronto Community Housing.

 

Toronto Community Housing has worked hard to improve the safety of tenants since that time. They have hired a full complement of Community Safety Unit officers , revamped their deployment model, conducted 15 safety audits in 2016, and upgraded over 1,000 security cameras in more than 50 communities.

 

Despite the good work being done by Toronto Community Housing, tenants still do not feel safe in their homes and communities. The level of insecurity experienced by residents in too many of our buildings remained the same or worsened in recent months. While this is largely due to the misconduct of a small group of people, the City needs more help to protect law-abiding Toronto Community Housing residents.

 

Currently, a tenant who is evicted for serious behavioural misconduct, such as drug dealing or domestic violence, is immediately able to apply for rehousing from Toronto Community Housing for affordable rental units or market units.

 

Violence, drug dealing, and intimidation have no place on Toronto Community Housing property. Currently, residents are afraid to speak up and Community Safety Unit officers have no ability to keep known offenders out of Toronto Community Housing buildings or to expel criminals from the property.

 

Furthermore, greater ability for information sharing between the Toronto Police Service and Community Safety Unit officers would help ongoing investigations that can result in termination of tenancy following due process before the Landlord and Tenant Board.

 

The safety of residents in Toronto Community Housing and the safety of residents across Toronto should be a priority for any elected official. Changes to Provincial legislation will support Toronto's goals of creating safe communities and will give residents peace of mind that their home is theirs to enjoy.

Background Information

(April 19, 2017) Letter from Mayor John Tory on Crime and Evictions for Cause in Toronto Community Housing
https://www.toronto.ca/legdocs/mmis/2017/ex/bgrd/backgroundfile-103049.pdf

Speakers

Councillor Frances Nunziata
Councillor Paula Fletcher

Motions

1 - Motion to Add New Business at Committee moved by Mayor John Tory (Carried)

2 - Motion to Adopt Item moved by Mayor John Tory (Carried)

Vote (Adopt Item) Apr-19-2017

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Paul Ainslie, Frank Di Giorgio, Mary-Margaret McMahon, Cesar Palacio, Jaye Robinson, David Shiner, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 6 Members that were absent are Ana Bail„o, Jon Burnside, Gary Crawford, Denzil Minnan-Wong, James Pasternak, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council