Item - 2018.LS25.2

The Licensing and Standards Committee recommends that:

1.  City Council amend former City of Toronto By-law, Chapter 285, Rooming Houses, by deleting subsection 285-8C, so that a registered student fraternity or sorority house may be required to be licensed, as set out in Chapter 285.

2.  City Council amend former City of Toronto By-law, Chapter 285, Rooming Houses, to update the definition of a cooperative student residence to describe it as a student residence owned or leased by a non-profit housing cooperative that has more than three dwelling rooms with the object of providing housing to more than three students who are members of the cooperative.

3.  City Council direct the Executive Director, Municipal Licensing and Standards, to conduct research and public consultation on potential licensing requirements for fraternities and sororities and to report back to the Licensing and Standards Committee in 2019.

At its meeting on June 19, 2017, the Executive Committee directed staff to undertake a review of the rooming house licensing exemption for fraternity and sorority houses and cooperative student housing. This review included a study on the feasibility of licensing fraternities and sororities as businesses or as rooming houses and a comprehensive approach to address issues of noise, waste, and behaviour relating to fraternity and sorority houses.

This report recommends amending the former City of Toronto By-law, Chapter 285, Rooming Houses, to create reporting requirements for fraternity and sorority houses to be met in order to continue to qualify for an exemption from a rooming house licence. It also recommends providing greater clarity on what constitutes cooperative student housing. To address community concerns, staff also outline proactive outreach and education sessions to be undertaken. Highlights of the recommendations include:

-  New annual reporting requirements for fraternity and sorority houses that will include:

a.  Confirmation of active membership in an international or national fraternity or sorority;

b.  Confirmation of accommodation for more than three students who are members of the active chapter; and

c.  Contact information for the national or international student fraternity or sorority, and the local chapter.  

-  Proactive outreach and education sessions that will be coordinated with other divisions, such as Toronto Fire Services, on issues of health and safety, noise, and property maintenance that would be targeted for fraternity and sorority house residents.

-  Better defining what constitutes cooperative student housing that qualifies for an exemption from a rooming house licence.

 
Chapter 285, Rooming Houses, currently exempts fraternity and sorority houses and cooperative student housing from the requirement to obtain a rooming house licence. Fraternity and sorority houses are defined as containing more than three dwelling rooms and providing accommodations for more than three students who are members of a bona fide nationally- or internationally-chartered student fraternity or sorority. Cooperative student residences are exempted if they are owned or leased by a non-profit, contain more than three dwelling rooms, and provide accommodation for more than three students who are members of the non-profit, non-share corporation owning or leasing the dwelling. Currently, there is no requirement for proof of status to be provided in order to validate the exemption, it is not required unless enforcement occurs.

In Chapter 285, Rooming Houses, a rooming house is defined as a form of shared housing that provides separate and private bedrooms to tenants and shared rooms, such as kitchens or bathrooms. Bedrooms in rooming houses may include food preparation facilities or sanitary facilities, but not both. If not exempted, fraternity and sorority houses could meet the definition of a rooming house under Chapter 285, Rooming Houses, and be required to obtain a rooming house licence to operate. There are other aspects of law related to various forms of living arrangements that also must be considered in determining licensing requirements.

Rooming houses in the former City of Toronto and Etobicoke must be licensed and are subject to annual or bi-annual inspections to ensure compliance with applicable legislation, including the Ontario Fire Code, the Building Code, the Health Protection and Promotion Act, and Property Standards By-laws.

This report includes feedback received from public consultations on community concerns arising from fraternity and sorority houses as well as possible solutions. The consultation process included one public meeting in November 2017 where over 30 participants attended, including students, residents, residents' associations, local Councillor's staff, and fraternity and sorority members. Individual stakeholder meetings were organized for residents' associations and student union representatives together, and a separate meeting was organized for members and representatives of fraternity and sorority houses. Some of the key feedback received included:  

-  Local residents were concerned about noise caused by fraternities and sororities hosting social events that can move onto the street, impacting neighbours and sometimes resulting in assaults and violence.

-  Most residents wanted fraternity and sorority houses to be licensed as rooming houses to help make them more accountable.

-  Fraternity and sorority representatives stated that any complaints they receive are usually resolved and that the City has been active in enforcing noise, waste, or property standard violations.

-  Fraternity and sorority representatives expressed a need for greater dialogue with the surrounding residents to help address issues as they arise.
 

These public consultations took place as part of a broader examination of the Rooming House By-law which staff will report back on in 2019.

Legal Services and Toronto Fire Services were consulted in preparation of this report.