Item - 2023.MM7.8
Tracking Status
- City Council adopted this item on June 14, 2023 with amendments.
MM7.8 - Request to Implement an Adequate Temperature By-law - by Councillor Shelley Carroll, seconded by Councillor Amber Morley
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on June 14 and 15, 2023, adopted the following:
1. City Council direct the Executive Director, Municipal Licensing and Standards and the Director, Environment and Energy, in consultation with other appropriate City Divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on the feasibility of the following options and others as may be applicable for the City to effectively require all landlords who control the temperature in leased residential premises to ensure that:
a. the air temperature in each unit is heated to a specified temperature whenever the outside temperature falls below a specified temperature;
b. if the premises are equipped with air cooling equipment that cool each unit, the air temperature in each unit does not exceed a specified temperature; and
c. if the premises are not equipped with air cooling equipment that cool each unit:
i. the landlord makes reasonable efforts to turn off its heating equipment when the air temperature in any unit exceeds a specified temperature;
ii. the building contains a cooling centre, accessible to all tenants as a respite, where the air temperature does not exceed a specified temperature;
iii. each tenant has a right to exchange gas-fired cooking equipment provided by the landlord for a cool-cooking induction stove;
iv. information on these rights is posted in the common areas, and
v. tenants with special health needs are provided with supplementary heating or cooling that they can control.
2. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat and the Director, Environment and Energy, in consultation with the Medical Officer of Health and other appropriate City Divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on what minimum and maximum temperatures should be specified for leased residential premises, and for cooling centres, that protect tenants’ health and are consistent with TransformTO.
3. City Council direct the Executive Director, Customer Experience and the Executive Director, Municipal Licensing and Standards, in consultation with other appropriate City Divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on how to improve data collection and analysis capacity as it relates to extreme temperatures in rental housing; including:
a. a process to monitor, record and analyse tenant complaints to the Customer Experience Division about extreme temperatures in rental housing;
b. a process to monitor the effectiveness of removing gas stoves and adding cooling centres in protecting the health of tenants in buildings not equipped with air conditioning; and
c. recording the number of complaints submitted from residents regarding the temperature of their unit from June 2023 onwards.
4. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat and the Director, Environment and Energy, in consultation with the Medical Officer of Health and other appropriate City Divisions, to report back to the Infrastructure and Environment Committee by the second quarter of 2024 on options to:
a. encourage retrofits of existing residential buildings that reduce summer heat gain, provide passive and/or active cooling and improve tenant comfort in extreme weather, in ways consistent with TransformTO; and
b. encourage or require new residential buildings to comply with passive house standards, to ensure tenant comfort despite increasingly severe weather in ways consistent with TransformTO.
5. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with all relevant City Divisions, to report to the Planning and Housing Committee on all documentation and outcomes resulting from the unanimously adopted City Council Item 2018.LS25.1.
Background Information (City Council)
Motions (City Council)
Speaker Nunziata advised Council that the provisions of Chapter 27, Council Procedures, require that Motion MM7.8 be referred to the Planning and Housing Committee. A two-thirds vote of the Council Members present is required to waive referral.
Vote (Waive Referral) Jun-15-2023 2:30 PM
| Result: Carried | Two-Thirds Required - MM7.8 - Waive referral |
|---|---|
| Total members that voted Yes: 23 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Jon Burnside, Shelley Carroll, Lily Cheng, Mike Colle, Gary Crawford, Vincent Crisanti, Paula Fletcher, Ausma Malik, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Stephen Holyday |
| Total members that were Absent: 1 | Members that were absent are Nick Mantas |
That City Council delete the Recommendations and adopt instead the following new Recommendations:
1. City Council direct the Executive Director, Municipal Licensing and Standards and the Director, Environment and Energy, in consultation with other appropriate Divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on the feasibility of the following options and others as may be applicable for the City to effectively require all landlords who control the temperature in leased residential premises to ensure that:
a. the air temperature in each unit is heated to a specified temperature whenever the outside temperature falls below a specified temperature;
b. if the premises are equipped with air cooling equipment that cool each unit, the air temperature in each unit does not exceed a specified temperature; and
c. if the premises are not equipped with air cooling equipment that cool each unit:
i. the landlord makes reasonable efforts to turn off its heating equipment when the air temperature in any unit exceeds a specified temperature;
ii. the building contains a cooling centre, accessible to all tenants as a respite, where the air temperature does not exceed a specified temperature;
iii. each tenant has a right to exchange gas-fired cooking equipment provided by the landlord for a cool-cooking induction stove;
iv. information on these rights is posted in the common areas, and
v. tenants with special health needs are provided with supplementary heating or cooling that they can control.
2. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat and the Director, Environment and Energy, in consultation with the Medical Officer of Health and other appropriate Divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on what minimum and maximum temperatures should be specified for leased residential premises, and for cooling centres, that protect tenants’ health and are consistent with TransformTO.
3. City Council direct the Executive Director, Customer Experience and the Executive Director, Municipal Licensing and Standards, in consultation with other appropriate divisions, to report back to the Planning and Housing Committee by the first quarter of 2024 on how to improve data collection and analysis capacity as it relates to extreme temperatures in rental housing; including:
a. a process to monitor, record and analyse tenant complaints to the Customer Experience Division about extreme temperatures in rental housing;
b. a process to monitor the effectiveness of removing gas stoves and adding cooling centres in protecting the health of tenants in buildings not equipped with air conditioning; and
c. recording the number of complaints submitted from residents regarding the temperature of their unit from June 2023 onwards.
4. City Council direct the Executive Director, Municipal Licensing and Standards, the Executive Director, Social Development, Finance and Administration, the Executive Director, Housing Secretariat and the Director, Environment and Energy, in consultation with the Medical Officer of Health and other appropriate Divisions, to report back to the Infrastructure and Environment Committee by the second quarter of 2024 on options to:
a. encourage retrofits of existing residential buildings that reduce summer heat gain, provide passive and/or active cooling and improve tenant comfort in extreme weather, in ways consistent with TransformTO; and
b. encourage or require new residential buildings to comply with passive house standards, to ensure tenant comfort despite increasingly severe weather in ways consistent with TransformTO.
5. City Council direct the Executive Director, Municipal Licensing and Standards, in consultation with all relevant Divisions, to report to Planning and Housing Committee on all documentation and outcomes resulting from the unanimously adopted City Council Item 2018.LS25.1.
Vote (Amend Item) Jun-15-2023 5:08 PM
| Result: Carried | Majority Required - MM7.8 - Carroll - motion 1 - part 1 only |
|---|---|
| Total members that voted Yes: 20 | Members that voted Yes are Paul Ainslie, Brad Bradford, Alejandra Bravo, Shelley Carroll, Lily Cheng, Paula Fletcher, Ausma Malik, Nick Mantas, Josh Matlow, Jennifer McKelvie, Chris Moise, Amber Morley, Jamaal Myers, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Dianne Saxe, Michael Thompson |
| Total members that voted No: 1 | Members that voted No are Stephen Holyday |
| Total members that were Absent: 4 | Members that were absent are Jon Burnside, Mike Colle, Gary Crawford, Vincent Crisanti |
Councillor Holyday, rising on a Point of Order, stated that he first consents to the quick release of item MM7.8 as it was under his name, but that he would request a recorded vote on Part 1 of the motion. Councillor Holyday further stated that Councillor Carroll was kind enough to share with him that MM7.8 is a replacement of the recommendations, not an amendment, and so the vote will need to be split, but he would like the opportunity to vote against Part 1 of Motion 1 by Councillor Carroll in its entirety, though he is fine with the balance.