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City of Toronto's Regulatory Strategy for Multi- Residential Buildings

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City of Toronto's Regulatory Strategy for Multi- Residential Buildings City of Toronto’s Regulatory Item 5 November 20, 2008 Strategy for Multi- Communities Committee Residential Buildings To: Communities Committee Report: CC:2008-24 From: Chief Executive Officer CMP 1.1.2. Maintenance Improvement Date: November 10, 2008 Page 1 of 9 PURPOSE: To provide the Communities Committee with an overview of the City of Toronto’s Regulatory Strategy for Multi-Residential Apartment Buildings and the resulting impact on Toronto Community Housing. RECOMMENDATION: It is recommended that the Communities Committee receive this report and forward it to the Board of Directors for information. BACKGROUND: On October 27, 2008, Municipal Licensing and Standards submitted a Regulatory Strategy for Multi-Residential Apartment Buildings (MRABs) to the City of Toronto. The strategy summarizes and seeks approval from the City of Toronto’s Executive Committee for a proposed regulatory strategy for multi-residential apartment buildings. This report provides an outline of the Municipal Licensing and Standards strategy and highlights the strategy’s impact and implications for Toronto Community Housing. REASON FOR RECOMMENDATION: Municipal Licensing and Standards, in their strategy dated October 27, 2008, define a multi-residential apartment building as a purpose-built, non-condominium registered, rental accommodation of six or more dwelling units. On December 1, 2008, Municipal Licensing and Standards intends to launch an audit and enforcement program to focus current enforcement efforts and provide immediate action. The aim of the program is to substantially bring buildings into compliance with the City’s established standards. City of Toronto’s Regulatory Strategy for Multi-Residential Buildings Report: CC:2008-24 Page 2 of 9 Appendix 1 includes a copy of the City of Toronto’s strategy. The key areas of the strategy and impacts (shown in italics) on Toronto Community Housing are noted below. Program Scope Detailed audits will be conducted in each of the buildings selected for participation in the program. The audits will comprise of a thorough inspection of buildings relative to Property Standards, Littering and Dumping, Zoning, Fence and any other applicable bylaws or chapters of the Municipal Code. The audit will comprise inspections of: • structural components; • mechanical systems; • electrical systems; • lighting/illumination; • elevators; • emergency power; • roofs; • service and utility rooms; • parking facilities and garages; • security; • garbage management; and • building amenities. Dwelling units will not be included in the formal building audits of the program. Impact: Toronto Community Housing recognizes the need for regular inspections of units, in order to ensure that units are maintained in good repair. In order to provide for this, Toronto Community Housing has an existing comprehensive unit inspection’s program. Currently, all units are inspected, at a minimum, annually by Toronto Community Housing building and maintenance staff. During the annual inspections, life safety systems, poor housekeeping and general unit conditions are thoroughly inspected. Noted deficiencies are recorded in electronic format and where necessary units are subsequently revisited and repaired by staff, as required, or included under the capital plan. Toronto Community Housing’s electrical and mechanical preventive maintenance programs provide further assurance that buildings are being maintained effectively and in good repair. As per the preventive maintenance programs, electrical and mechanical systems at all buildings are regularly inspected by qualified personnel. Noted deficiencies are recorded and repaired on a priority basis. Toronto Community Housing has committed to keeping buildings in a good state of City of Toronto’s Regulatory Strategy for Multi-Residential Buildings Report: CC:2008-24 Page 3 of 9 repair. The Corporation has spent more than $550 million since 2002 on capital repairs and the revitalization of communities. We are accomplishing this through the following activities: • comprehensive building condition audits once every 3 years • investment of $50M in annual capital for building repair • Building Renewal Program investments of $100M over 4 years for 19 buildings • $75M unit refurbishment program to replace kitchens and bathrooms in 9,000 units • investment of over $6 M in 2007 and 2008 in a preventive maintenance program • major redevelopment of two sites, and planning for a third In addition, major systems that ensure that maintenance and repair issues are identified and tracked have been put in place for both tenants in direct managed communities and those managed by contractors, including: • implementation of a work order system to track receipt and follow up on requests; • tenant complaint process and escalation process; • annual inspections on all units; and • long-term capital planning and annual review of priorities. Building Selection & Criteria 176 of the city’s multi-residential apartment buildings will be included in the audit. During the first year of implementation, four priority buildings will be identified per Ward for participation in the program. Two buildings shall be identified by City of Toronto staff based on public complaints, historical information, and staff knowledge. Two additional buildings will be selected in consultation with the Ward Councillor. To the extent possible, the final sample of buildings will reflect the mix of social housing and for-profit buildings found in both wards and the city as a whole. Impact: Municipal Licensing and Standards has identified that 15% (29) of Toronto Community Housing’s buildings will be inspected as part of the audit and enforcement program. This is based on their information and Toronto Community Housing’s proportional share. Toronto Community Housing staff have requested a breakdown of information to this effect. A breakdown of buildings with six or more units, by ward and councillor is attached (see Appendix 2). City of Toronto’s Regulatory Strategy for Multi-Residential Buildings Report: CC:2008-24 Page 4 of 9 In discussions with staff from Municipal Licensing and Standards, Toronto Community Housing will provide them with a list of buildings already receiving targeted attention through building renewal (e.g., building renewal program, tower renewal), redevelopment/revitalization, etc. These buildings will be excluded from the audit program. Process If building components are found to be noncompliant with Toronto Municipal Code, Municipal Licensing and Standards Inspectors will issue an Order to the landlord requiring correction of all deficiencies. A Mobile Administration Centre staffed by the City of Toronto, will attend each audit site on the day of inspection in order to receive and process tenant residential unit complaints that were brought to the attention of building landlords but not previously addressed. Municipal Licensing and Standard’s stated goal is to respond to complaints received within five business days, 90% of the time. Tenants will be informed of audits in their building as well as the process for filing any complaints 7-10 days prior to the commencement of inspections. Information posters, in the City’s main languages, will be posted in main areas of buildings, along with information materials on how tenants may submit complaints through the City’s process. Impact: Toronto Community Housing senior staff met with the Executive Director and Director of Municipal Licensing and Standards from the City of Toronto. There is very little detailed in terms of the process and implementation. As a result, Toronto Community Housing will assist Municipal Licensing by being the first building to test out a process. This is beneficial since the City’s process will need to recognize Toronto Community Housing’s tracking system of complaints in order to minimize repetition of individual residential unit complaints or to provide the landlord an opportunity to respond to complaints not filed by the tenant to the landlord initially. In addition, the logistics of the site visit need to determined. Toronto Community Housing staff will accompany Municipal Licensing and Standards inspectors during the first building audit in order to develop an understanding of the inspections process. This will assist staff to proactively correct noted deficiencies at other properties, if and when applicable, in order to avoid future Orders. Translation requirements will be noted for the City to ensure tenants understand inspection process. City of Toronto’s Regulatory Strategy for Multi-Residential Buildings Report: CC:2008-24 Page 5 of 9 Cost The audit program will be staffed with current City of Toronto resources, redeployed from other programs. To recoup some of the expenses associated with its enforcement program, Municipal Licensing and Standards intends to more actively use Municipal Code provisions to recover costs. A charge of $60 per hour or part thereof shall be imposed on any re- inspection of an Order following the initial inspection when the deficiency was first observed In the event of health and safety issues (e.g. no heat or hot water), if there is a lack of timely response by the landlord, the City will undertake repairs where appropriate and recover costs by charging them back to the landlord. Unpaid costs can be added to the municipal taxes of the property in question. The City of Toronto does note that through its consultations with both external and internal stakeholders, staff have concluded that any option that significantly
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