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- Path: sparky!uunet!uunet.ca!canrem!dosgate![steve.hartwell@canrem.com]
- From: "steve hartwell" <steve.hartwell@canrem.com>
- Newsgroups: ont.general
- Subject: house apts q & a 1
- Message-ID: <1992Jul23.718.2852@dosgate>
- Date: 23 Jul 92 22:22:33 EST
- Reply-To: "steve hartwell" <steve.hartwell@canrem.com>
- Distribution: ont
- Organization: Canada Remote Systems
- Lines: 90
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- IV. QUESTIONS & ANSWERS ON RELATED ISSUES
-
- 1. Can municipalities license an apartment in a house?
-
- No. The Municipal Act currently does not give
- municipalities the power to license apartments in houses,
- and this will not be changed by the proposed legislation.
- Apartments in houses are the same as any other type of unit,
- and therefore should not be subject to special requirements.
- Licensing would also discourage the creation of legal
- apartments in houses. Rather than provide municipalities
- with the power to license second units, the government
- supports provisions which improve municipalities' ability to
- enforce reasonable health and safety standards.
-
-
- 2. Can municipalities impose an owner occupancy requirement?
-
- No. The Planning Act currently does not give municipalities
- the power to restrict apartments in houses to cases where
- the owner lives on the premises, and the proposed
- legislation would not alter this situation. An owner-
- occupancy requirement would restrict supply opportunities
- and would likely be unworkable in practice (the Landlord and
- Tenant Act probably does not permit the eviction of tenants
- in cases where a house with an apartment is sold to an
- individual who does not want to live on site).
-
- 3. Will apartments in houses pay their way as far as municipal
- taxes are concerned?
-
- Yes. Creating legal apartments in houses will generally
- mean more tax revenue for municipalities. Adding an
- apartment generally increases the home's market value, which
- is what property taxes in most municipalities are based on.
- Home improvements are tracked through building permits and
- the reassessment process.
-
-
- 4. Does the Development Charges Act apply to an apartment in a
- house?
-
- Not in the case of existing houses. Municipalities are
- prohibited from imposing development charges on the first
- apartment added to a semi-detached or row house, or to the
- first and second apartment added to a detached house.
-
- However, the Development Charges Act does give
- municipalities the power to impose a charge on an apartment
- installed at the time a house is constructed, although
- municipalities can choose to designate categories of
- affordable housing as exempt from development charges.
-
- 5. Does the Landlord and Tenant Act apply to an apartment in a
- house?
-
- Yes. Apartments in houses are in general covered by the
- Landlord and Tenant Act, except in cases where no rent is
- paid (e.g. a unit is occupied by a family member).
-
- While the Landlord and Tenant Act may not prevent evictions
- where someone shares a kitchen or bathroom with the owner
- and his or her family, such living arrangements would not
- come within the definition of apartments in houses under the
- proposed legislation.
-
-
- 6. Does the Residential Rent Regulation Act apply to an
- apartment in a house?
-
- Yes. The Residential Rent Regulation Act applies to
- apartments in houses the same way as to any other unit. The
- annual rent review "guideline" determines how much a
- landlord can raise the rent without getting permission from
- the Ministry of Housing for certain above-guideline
- increases. However, homeowners may set the rent for an
- apartment in their house the first time the apartment is
- rented, provided that the apartment has been created out of
- space that has not been previously rented out.
-
-
-
- ---
- ■ ACCESS/MAIL 1.00 #0274 ■ CANBUILD - THE Construction Conference
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