Item - 2022.PH32.4

The Planning and Housing Committee:  

1. Directed the Executive Director, Municipal Licensing and Standards to carry out the following actions and to report back to the Planning and Housing Committee in the First Quarter of 2023:

a. provide comprehensive and consistent training to every By-Law Officer on how to properly and adequately identify and manage pest infestations, mold growth, electrical problems, and other common issues;

b. determine and  explain the consistent criteria on how By-Law Officers determine that a case is “closed” and the process for communicating this to residents;

c. identify how many additional By-law Officers would be necessary to ensure the optimal functioning of RentSafeTO and additionally report back this information through the 2023 budget process;

d. investigate the feasibility of creating a system of implementing financial penalties to landlords based on non-compliance.

2. Requested the Executive Director, Municipal Licensing and Standards in consultation with the Executive Director of the Housing Secretariat to:

a. as a part of Engagement 3, host a meeting between the full Tenant Advisory Committee, that had been established by the Housing Secretariat as a result of a recommendation of the Subcommittee on the Protection of Affordable Rental Housing, representatives from the Flemingdon Park Thorncliffe Park Tenant Resident Network and Technology Services Division staff and the third party consultants engaged in the development of the evaluation framework and tool, in order to provide expert advice on:

- ensuring the new RentSafeTO evaluation framework and tool includes the full suite of components that should be evaluated and the appropriate weighting assigned in the evaluation; and

- how best to disseminate the information to tenants and to prospective tenants of a building recognizing that many Torontonians do not have internet access.

b. conduct a jurisdictional scan, including New York City and Vancouver, of similar tools.

c. provide an update on the elements of the proposed new RentSafeTO evaluation framework and tool, including the results of Engagement 3 and the jurisdictional scan in part 2.b, above to the Planning and Housing Committee.

3. Requested the Executive Director, Municipal Licensing and Standards to consider increasing the fines to landlords for Failure to Comply with Property Standards Orders and report back to the Planning and Housing Committee.

At its meeting on January 12, 2022, the Planning and Housing Committee (PHC) adopted PH30.12 - RentSafeTO and directed Municipal Licensing and Standards (MLS) to report back on requests made by committee in December 2020 (PH19.6) and October 2021(MM36.13).

RentSafeTO is a registration, audit and enforcement program enabled by Toronto Municipal Code Chapter 354, Apartment Buildings. The program applies to all apartment buildings with 3 or more storeys and 10 or more units; this accounts for 30% of Toronto's residents who live in approximately 3,500 apartment buildings across the City. The objectives of the program are to strengthen enforcement of City bylaws, enhance tenant engagement and access to information, and promote proactive maintenance in apartment buildings to prevent the deterioration of critical housing stock. The program is supported by a dedicated team of 35 staff, including management, support staff, an engagement lead and Bylaw Enforcement Officers (BEOs). In 2022, City Council approved 7 additional staff positions to support the expansion of RentSafeTO, Multi-Tenant Housing and Noise ByLaw enforcement.

This report provides an update of the work completed in 2021. This includes the communication of bylaw changes; launch of the interactive webpage which allows current and prospective tenants and landlords to view and download building-specific RentSafeTO reports and evaluation scores; and engagement and outreach initiatives to improve program awareness, open feedback channels and keep people informed. This increased transparency on the quality of apartment buildings across Toronto will enable residents to find a safe and well-maintained home.

On November 26, 2019, City Council directed staff to create a rating system similar to the City's "Dinesafe" program that requires landlords to post a colour-coded sign that displays the building ratings in prominent areas. In December 2020, staff responded to that directive with a proposal that included the requested colour-coded signage. On December 16, 2020, City Council directed staff (PH19.6) to instead undertake a review of the current process and criteria used to evaluate buildings registered under the RentSafeTO program to develop a revised evaluation tool without a colour-coded signage element.

The current evaluation tool is a system supported by technology solutions and operational processes that enable BEOs to evaluate the common areas of buildings in the program and identify buildings that need to be audited. Staff procured a third party expert (Rentlogic) to assist with the development of the evaluation framework and provide advisory services for a new evaluation tool. After a comprehensive stakeholder engagement process, staff anticipate that the redesigned evaluation framework and recommendations for a new tool will be publicly available for feedback in the second quarter of 2022. In order to address directive PH 19.6 (9a) that requires the evaluation of in-suite criteria and PH 19.6 (9c) to be responsive to ongoing violations and orders, the new evaluation tool will incorporate data from a variety of data sources. Including additional data will help satisfy Council directives and address stakeholder feedback. This will also result in an improvement from the current evaluation tool as today it only reflects point in time data collected by BEOs. Other areas being explored include whether category weightings result in improvements to the tool.

MLS has also published the 2021 RentSafeTO Year in Review, a snapshot of the work that has taken place since the RentSafeTO program began in 2017. It delivers key performance data, including building evaluations and audits, service requests, investigations and enforcement actions. The report is available online and will be updated annually.

Lastly, this report provides updates on outstanding directives from the October 2021 City Council meeting (MM36.13). MLS has made improvements to customer experience in relation to pest control within the RentSafeTO program. Recommendations identified during the audit completed by the Internal Audit Division have all been implemented, including training for BEOs on pest control, introducing a new process to issue a letter to non-responsive complainants of timelines for when a service request will be closed, and staff communication to underscore the importance of documentation in the division's current technology system (IBMS). Furthermore, a review of the entry powers for BEOs show that existing authorities are consistent with the entry authority provided in other municipal bylaws and provincial legislation. If the City was to request the Provincial government to pursue a provincial amendment enabling BEOs the right to enter a dwelling without the tenant's consent, it is unlikely that this type of entry will be authorized for situations where there is no urgent life/safety concern.

This report does not recommend bylaw changes, and was prepared in consultation with Legal Services and Internal Audit.