If property owners won't bring substandard rental housing up to snuff, Victoria is prepared to move in and do it for them rather than see units boarded up.
Victoria bylaw officers will first work with owners to bring rentals up to code, Mayor Dean Fortin said.
"The first opportunity is for them to fix it, but if not, we are prepared to act," Fortin said. "We're serious about retaining affordable housing."
Victoria councillors last week agreed with Fortin to be more proactive in enforcement action.
Currently, when faced with complaints of unauthorized or unsafe residential units, some building owners choose to evict their tenants and board up buildings rather than bringing them up to code.
Council has the authority under the community charter to compel a building owner to repair or restore a building to safe condition. Under the direction issued by council, staff will seek compliance from owners to restore buildings -- even if it means the loss of a couple of units -- rather than have the owner board it up and walk away.
"Council does have the authority to order a building to be restored to a condition that complies with the zoning bylaw and the respective construction bylaws -- building, electrical, plumbing," said Rob Woodland, director of legislative and regulatory services.
"The onus is on the owner to do that, and in default, the city has the authority to do that work itself and to charge those works to the property taxes. There is very little law in this area. These are new provisions under the community charter."
Fortin said some mechanics will undoubtedly have to be worked out.
"Ultimately you would hope the economic incentive is to keep it open and for that rental income to still keep coming. In the end, if the landlord wants to shut it down, that's his ultimate choice, but rather than us forcing him to close, we want to do what we can do to keep it open," Fortin said.
Coun. Chris Coleman said the city could find itself in a situation where it has both permitted units and unpermitted uses in a single building.
He wondered whether there was a penalty property owners might face to cover the costs of those who might be displaced.
Woodland said there is no mechanism where the city can find a home for someone in substandard housing who is displaced.
Fortin noted that if a building has 16 units, 10 of which are licensed and six unlicensed, the new policy would at least save 10.
"In the old days, you close the building down and you lose all 16 units," Fortin said.
Councillors also agreed to ask the province to take action to close loopholes in the Residential Tenancy Act that are effectively allowing eviction by renovation.
Under provincial legislation, a landlord planning a major renovation to a rental unit can evict a tenant with two months' notice.
After the renovation, the landlord is free to jack the rent as high as he or she wants -- escaping a 3.7 per cent cap set by provincial legislation.
bcleverley@tc.canwest.com
