Kitchener's Shared Accommodation Bylaw
Proposed bylaw for lodging homes and short term rentals
Kitchener Council’s Planning and Strategic Initiatives Committee meets on Monday, June 3rd where they will discuss the proposed Shared Accommodation bylaw. As outlined in the staff report, “staff are proposing to replace the existing Lodging House By-law with the proposed Shared Accommodation By-law which will now include both the licensing of Lodging Houses and Short-Term Rental Accommodations. The By-law is a holistic approach to creating a regulatory framework for a variety of housing and rental types.”
A lodging home (also known as a rooming house) is a dwelling unit where five or more persons, not including a resident owner of the property, may rent a lodging unit and where the kitchen and other areas of the dwelling unit are shared. As detailed on Kitchener’s Engage page, “the current review will consider Kitchener’s Housing for All strategy for making housing across Kitchener more affordable. It will also consider the findings of the Lower Doon Secondary Plan Study, which recommended reducing the minimum distance separation between lodging houses in Kitchener.”
The ‘minimum distance separation bylaw’ currently in place in Kitchener requires that a new lodging house must be at least 400 metres away from an existing lodging house. Waterloo Region Yes In My Backyard (of which I am a member) has been advocating for change on this issue since 2019. WR YIMBY “opposes this rule as it limits the supply of much needed affordable housing, and unfairly targets people experiencing poverty who most need such housing.”
In this opinion piece, members of WR YIMBY noted that, “Lodging homes are frequently more affordable than other housing types and can be available for tenancy much sooner than new builds, since they require only moderate changes to existing structures. Ensuring that licensed lodging homes may exist in all residential neighbourhoods is an affirmative step to encourage affordable housing to spread throughout the city.”
Others have also been pushing for change on this issue including the Housing For All team and consultants with the Lower Doon Study. As outlined in this 2023 staff report: “As part of Housing for All, a Lodging House sub-committee was formed comprised of community members, staff and a member of Council. Together they drafted an Issues and Options paper that recommended removal of references to minimum distance separation and expanding permissions for lodging houses city-wide where residential uses are permitted.”
That staff report also references the 2021 consultant report and recommendations on the Lower Doon Land Use Study:
“One recommendation in the consultant report was to allow lodging houses in all residential zones in Lower Doon and to subsequently revise the City’s licensing by-law for Lodging Houses. Further, the consultants’ report noted that minimum distance separation regulations are an indefensible form of “people zoning” which the Ontario Human Rights Commission has directed municipalities not to use due to its discriminatory and exclusionary nature and impacts.”
Staff estimate that there are approximately 300 lodging houses (with just 20 of those licensed) and 800 short-term rentals. “Currently, these are unregulated by the City, and have no city inspections or requirements.”
The goals of the proposed Shared Accommodation Bylaw stated in the staff report are to:
Create a clear, consistent, and concise regulatory framework;
Create reasonable and affordable fees;
Streamline processes and reduce redundancy;
Remove licensing requirements that are no longer applicable; and,
Modernize to meet the changing rental landscape.
Staff state that the proposed bylaw “is structured to provide opportunities for more affordable housing types throughout Kitchener and to ensure that shared accommodations are safe for occupants.” It strives to “improve the City’s ability to ensure public safety, consumer protection, and nuisance control while also reducing barriers for property owners.”
The focus on tenant safety and more housing supply should be at the forefront of any policy changes according to this letter to the editor from May 2023, which argues:
“Licensing should be focused on protecting tenants. We should not treat the presence of students and low-income people in neighbourhoods as the problem that needs to be solved. We desperately need more lower-income housing and lodging homes provide part of this need.”
“The Shared Accommodation Bylaw would provide a balance between protecting the interests of residents, allowing property owners to generate more opportunity and exposure, while prioritizing safety, affordability, and accountability.”
Staff outline the benefits of the Shared Accommodation bylaw as:
Enhanced safety standards;
Community impact and integration;
Quality assurance;
Accountability and compliance; and
Reasonable fees for all types of shared accommodations
WR YIMBY argues that, “removing zoning restrictions can allow more lodging homes to be licensed. Licensing can increase protections for tenants and provide a stronger framework for ensuring a lodging house is part of a vibrant neighbourhood. Safety for tenants is improved by ensuring they can report landlords, without the very reasonable fear of becoming homeless when reporting unsafe living conditions.”
Costs associated with the proposed bylaw stem from increased staffing needs for licensing and the purchase of new software. The report recommends, “three new staff that will be directly associated with administering, inspecting, and enforcing the new bylaw as well as the implementation of Granicus host compliance software.” The software is used by many other municipalities and assists in monitoring more than 60 short-term rental websites to ensure compliance with municipal bylaws. It is expected that the cost of staff and software will be offset by licensing fees.
Several types of properties are exempt from the proposed bylaw, some of which include: hotels, group homes, nursing homes, purpose-built student residences, and retirement homes. Eligible property owners, however, are encouraged to license their properties through incentives such as:
Eligibility for tax deductions,
Access to agencies for various supports,
Freedom to advertise their business,
Ability to attract more responsible renters due to the perception of professionalism and compliance with regulations
The proposed bylaw comes with a 3 year review period, meaning that in 2028, “staff will make further recommendations to Council based on the success of the program which may include minor adjustments and expansion to the licensing framework.”
I’ll leave the last word to the Housing For All committee:
“In a region where housing costs are rising at an exponential rate, it is vital that we not only ensure we can make lodging houses safe places to live but that we can encourage more lodging houses to become licensed and remove barriers to increasing the uptake of lodging houses as a residential typology.”
You can reach out to Kitchener Council to share your thoughts on this proposed bylaw by delegating at the June 3rd meeting or emailing council members.
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