Public Report To: From: Report Number: Corporate Services Committee Jacqueline Long, Interim Commissioner, Corporate Services Department and H.R. CORP-15-182 Date of Report: December 3, 2015 Date of Meeting: December 7, 2015 Subject: Tenant Issues in the Geographic Area of Wentworth Street West and Cedar Street File: D-2200 1.0 Purpose This report responds to the Corporate Services Committee s ( Committee ) direction for staff to identify specific agencies responsible for addressing the various tenant issues identified by the Tenants Association in the vicinity of Wentworth Street West and Cedar Street and to detail plans for ongoing active oversight and coordination of a specific action plan with related enforcement agencies. 2.0 Recommendation That the Corporate Services Committee recommend to City Council: 1. That staff examine the feasibility of implementing a program to proactively audit property maintenance issues within rental apartment buildings exceeding six (6) units in the City of Oshawa; 2. That staff assist the Tenant Association to refer the community safety concerns expressed regarding illicit activity to Durham Regional Police Services; and 3. That staff conduct an assessment to determine whether there is a benefit to form short-term issues-based working groups to address the concerns expressed by the Tenants Association. 3.0 Executive Summary Not applicable. 53
4.0 Input From Other Sources Fire Services, Durham Region Housing Services Division, Durham Region Health Department, the John Howard Society and Cornerstone were consulted in the preparation of this report. 5.0 Analysis 5.1 Background At its October 26, 2015 meeting, Committee received a presentation from Raymond Fortune and Laura Green, members of the Tenants Association representing residents of 275 and 280 Wentworth Street West and 1040 Cedar Street ( Tenants Association ). Mr. Fortune and Ms. Green identified a broad range of concerns received from fellow tenants, most of which are detailed in Table 1. Table 1 Issues Identified by Tenant Association Main Issues Property Standards Heating Accessibility Fire Safety Community and Building Safety Tenant Specific Examples of Issues Pest infestations (bed bugs, cockroaches and mice) General repairs required: walls, flooring, elevators, exterior doors and paths and driveways Utility shut offs, sometimes without notice Some units have inadequate levels of heating Other units are heated at excessive levels Lack of automatic door openers Inadequate snow clearing of paths Elevators do not level properly Fire prevention packages not handed out following fire in apartment buildings Require that the landlord perform monthly fire tests Require the landlord to compile a list of individuals with accessibility needs in the apartment office for emergency services to identify where assistance is required during an emergency Fire safety plans are not posted in the lobby Fire safety plans should identify people with accessibility issues Criminal activity occurring in buildings Cases of violence Inadequate control of visitors Visitors sleeping in common areas Tenants are not aware of their rights and responsibilities 54
Following its consideration, Committee provided the following directions to staff: a) That based on CORP-15-164, being the delegation of Raymond Fortune and Laura Green, that all tenant issues be referred to staff to be included in the upcoming by-law enforcement operational report for alternatives including potential proactive enforcement. b) That the issues arising from the delegations of Raymond Fortune and Laura Green on behalf of the tenants in the geographic area of Wentworth Street and Cedar Street be referred to staff for investigation and the preparation of a report to include areas of responsibility of various agencies, plans for ongoing oversight, and coordination of a specific action plan with related enforcement agencies. This report addresses the second direction; the first direction will be addressed following the completion of Municipal Law Enforcement (M.L.E.) Services operational review. 5.2 Tenants Association s Principal Concern: Property Standards and Adequate Heat The main concerns articulated by the Tenants Association relate to general repairs and maintenance and the adequate heating of the aforementioned properties. M.L.E. is cognizant of the various concerns at the three (3) properties and have conducted several property-related investigations in response to complaints. M.L.E. s typical property-related inspection process is appended as Attachment 1 for reference. 5.3 Property-Related Complaints in the Geographic Area of Wentworth Street West and Cedar Street Staff conducted an analysis of property-related complaints of the apartment buildings: 275 and 280 Wentworth Street West and 1040 Cedar Street. A map of the subject area is appended as Attachment 2 for reference purposes. It is important to note that the volume of property-related complaints detailed in Tables 2, 3 and 4 may not always be indicative of a lack of cooperation on the part of the Landlord; for instance, larger apartment buildings with more rental units may generate more complaints than smaller apartment buildings with fewer rental units. A review of complaint details found the following: Initial contact with the complainant was established within a few days of receiving the complaint for the majority of files. All property standards, lot maintenance and adequate heat complaint files were resolved within established Service Level Agreements (also known as service targets). The majority of complaints were either resolved through discussions with the building superintendent or repairs were already scheduled to be completed prior to a site inspection by an Officer. 55
It is also important to highlight the various challenges that may affect the timely resolution of some property-related complaints including: Residents may not complete and submit work orders/deficiency reports to the landlord advising them of property-related complaints and afford them the opportunity to correct the issue. Residents may deny the landlord entry to their rental unit to undertake repairs. Certain repairs may depend on the availability of skilled tradespersons and parts and therefore require longer periods of time to rectify. In certain circumstances, the source of the problem may not be identified immediately and may require a more thorough assessment. There may be ongoing Landlord/Tenant disputes that complicate the resolution process. a) 275 Wentworth Street West 275 Wentworth Street West is a 129 unit Apartment Building constructed in 1966. Table 2 details the level of property-enforcement activity undertaken by M.L.E. at 275 Wentworth Street West from November 1, 2014 to November 1, 2015. M.L.E. has achieved a compliance rate of 88% with all property standards, adequate heat, and lot maintenance files as of November 23, 2015 and anticipates further increases in the compliance rate as Active Files are investigated and resolved. Table 2 Property-Enforcement Activity (Nov. 2014 to Nov. 2015) Complaint Type Active Files No Violation Violation Compliance Total Property Standards 1 4 16 1 8 29 Adequate Heat 0 1 0 1 2 Lot Maintenance 2 0 1 0 1 2 Total 4 18 1 10 33 Notes: 1 Investigations deal with a broad range of property maintenance issues including pest control; graffiti management; repairs to floors, walls, ceilings etc. 2 Investigations deal with issues including waste, debris, long grass and weeds. Animal complaints are not included in this summary. b) 280 Wentworth Street West 280 Wentworth Street West is a 132 unit Apartment Building constructed in 1971. Table 3 details the level of property-enforcement activity undertaken by M.L.E. at 280 Wentworth Street West from November 1, 2014 to November 1, 2015. M.L.E. has achieved a compliance rate of 100% with all property standards, adequate heat, and lot maintenance files as of November 23, 2015. 56
Table 3 Property-Enforcement Activity (Nov. 2014 to Nov. 2015) Complaint Type Active Files No Violation Violation Compliance Total Property Standards 1 0 3 0 3 6 Adequate Heat 0 1 0 2 3 Lot Maintenance 2 0 0 0 0 0 Total 0 4 0 5 9 Notes: 1 Investigations deal with a broad range of property maintenance issues including pest control; graffiti management; repairs to floors, walls, ceilings etc. 2 Investigations deal with issues including waste, debris, long grass and weeds. Animal complaints are not included in this summary c) 1040 Cedar Street 1040 Cedar Street is a 132 unit Apartment Building constructed in 1971. Table 4 details the level of property-enforcement activity undertaken by M.L.E. at 1040 Cedar from November 1, 2014 to November 1, 2015. M.L.E. has achieved a compliance rate of 100% with all property standards, adequate heat, and lot maintenance files as of November 23, 2015. Table 4 Enforcement Activity at 1040 Cedar Street (Nov. 2014 to Nov. 2015) Complaint Type Active Files No Violation Violation Compliance Total Property Standards 1 0 5 1 4 10 Adequate Heat 0 0 0 0 0 Lot Maintenance 2 0 0 0 1 1 Total 0 5 1 5 11 Notes: 1 Investigations deal with a broad range of property maintenance issues including pest control; graffiti management; repairs to floors, walls, ceilings etc. 2 Investigations deal with issues including: waste, debris, long grass and weeds. Animal complaints are not included in this summary 5.4 Tenant Issues and Applicable Organizations The issues identified by the Tenants Association are broad in nature, and multiple government and non-profit organizations are involved in providing assistance. These organizations are detailed in Attachment 3. 57
5.5 Tenant Issues and On-going City Initiatives A number of on-going City initiatives have been implemented since early 2015 to address several key issues identified by the Tenants Association; they are as follows: a) Ongoing Property Inspection Activities: M.L.E. has been actively responding to residents property-related complaints and have been successful in all instances in attaining resolutions by working with all parties and undertaking enforcement actions. Some of these activities are detailed in Section 5.3. b) Property Standards By-law 01-2002 Review: Staff initiated a review of the City s Property Standards By-law 01-2002 as part of a process and standards improvement exercise. One of the main objectives of the review is to update minimum standards of property maintenance and occupancy. The initial review of the Property Standards By-law 01-2002 by a staff committee has concluded that the existing standards are generally sufficient in addressing all of the issues identified by the Tenants Association and that only minor updates to the By-law are required. Indeed, this is exemplified in M.L.E. s ability to resolve all of the issues identified by complainants in the three (3) apartments in the Wentworth Street West and Cedar Street area. Staff have also established a stakeholder engagement tool on the City s website. The tool seeks input from all stakeholders on ideas to enhance and improve the By-law. c) Tenant Pamphlet and Website: As per City Council s September 28, 2015 direction, the City is preparing a tenant information pamphlet and website to educate tenants on a variety of topics including their rights and responsibilities; resources they can access; and applicable City by-laws. The City will be printing and distributing approximately 20,000 copies of the pamphlet to renters throughout the City. d) Fire Services Initiatives: Fire prevention packages: Fire Services initiates a public awareness program called It Happened on your Street following an incident involving a fire. The objective of the program is to raise awareness about fire safety and involves Fire Services staff visiting homes in the area where a fire recently occurred. Fire Services is in the process of expanding the program to include multiresidential buildings. 58
5.6 Other Fire-Related Concerns The Tenants Association expressed a number of concerns and presented several recommendations related to fire safety in their apartment buildings; they are as follows: a) Require that the landlord perform monthly fire tests: Legislation (the Fire Code) requires that extinguishers be checked monthly to ensure that they are in place, fully charged and within the window of time for required maintenance. Additionally, fire monitoring, alarm, emergency lighting (where installed) and suppression systems are required to be tested on an annual basis. b) Require a mandatory list of individuals with accessibility issues to be maintained in the apartment office as well as in fire safety plans: There is no mandate or legislation that requires a list of tenants with mobility issues to be identified in the event of a fire or emergency. Nevertheless, Oshawa Fire Services encourages all owners to provide an up-to-date list to Fire Services. This list resides in Fire Services computer aided dispatch software and is available to communications staff and first responders via their mobile vehicle computers when they receive a call to an address. Furthermore, there is no requirement for fire safety plans ( the Plan ) to identify building occupants who require special assistance in the event of a fire. However, the Plan requires that procedures for evacuating occupants, including special provisions for persons requiring assistance, be detailed. c) Missing fire safety plans: Fire safety plans are required for occupancies; however, a copy of the Plan is not required to be accessible to tenants. The Plan is designed for Fire Services staff and is a guiding document for the owners/superintendents of the building. Fire safety procedures are required to be posted on each floor to inform tenants what to do in case of a fire. This requirement is established in Section 2.8.2.5. (1) of the Fire Code: At least one copy of the fire emergency procedures shall be prominently posted and maintained on each floor area. 5.7 Potential Options for Further Study While a number of City initiatives have been successful in addressing certain issues identified by the Tenants Association, other systemic issues may require a more robust and coordinated response from multiple organizations. Staff have identified two (2) options that may warrant further study as they have the potential to address some of the principal concerns expressed by the Tenants Association. The two (2) initiatives include creating an apartment audit program and creating short-term issue-based working groups with community partners on an as-needed basis. a) Apartment Audit Program: The City of Toronto developed an annual Multi- Residential Apartment Buildings (M.R.A.B.) Audit Program as part of an initiative to ensure minimum property and maintenance standards within multi-residential rental properties 1 were being achieved. The M.R.A.B. program audits approximately twohundred (200) buildings annually and is administered by a dedicated team comprised of one (1) Supervisor, fourteen (14) Municipal Standards Officers and 59
one (1) Support Assistant. The M.R.A.B. program has resulted in greater compliance with municipal standards and has improved the condition of the rental housing stock in Toronto. A similar program may be effective in attaining higher levels of compliance in Oshawa s apartment buildings (approximately 1,400) that have more than six (6) dwelling units. b) Short-term Issue-based Working Groups: In addition to general maintenance issues, the Tenants Association identified a number of community safety issues that could potentially be addressed through a coordinated approach between various government organizations and community partners. M.L.E. s involvement with The Durham Regional Health Department s Bed Bug Working group has been a positive experience which has led to increased awareness amongst residents and the development of more effective strategies and training to address bed bug infestations. Creating short-term issue-based working groups comprised of community partners on an as-needed basis allows to the City to address the community s concern in timely and coordinated fashion. 6.0 Financial Implications There are no immediate financial implications directly related to the recommendations of this report. 7.0 Relationship to the Oshawa Strategic Plan The recommendations in this report respond to Goal 4.2 Social Equity and its theme A Safe Community: Develop and enforce by-laws that will help address community safety concerns and respond to provincial regulations. Jerry Conlin, Director, Municipal Law Enforcement and Licensing Services Jacqueline Long, Interim Commissioner, Corporate Services Department and H.R. Attachments 1 Includes apartment buildings with greater than six (6) rental units. 60
Typical Property-Related Enforcement Process Item: CORP-15-182 Attachment 1 Note: This process map depicts a typical property-related enforcement process and is for reference only. Property-related enforcement processes may differ as each investigation is conducted on a case-by-case basis. P.O.A. refers to Provincial Offences Act process A.M.P. refers to Administrative Penalty process Complaint Received Complaint Assigned to Officer Complaint Prioritized based on Severity and Service Level Agreement Officer Begins Preliminary Investigation Initial Investigation Compliance Achieved No Order/Notice Issued: Property Owner to take Corrective Action P.O.A. / A.M.P. Issued On Site Reinspection Yes Compliance Achieved No P.O.A. / A.M.P. Issued Yes Compliance Achieved No P.O.A. Part 3: Court Process File Closed 61
62 Item: CORP-15-182 Attachment 2
Tenant Issues and Applicable Organizations Item: CORP-15-182 Attachment 3 Property Standards Issue Applicable Organization Mandate Property Standards: Bed Bugs and Mould Heating Issues Accessibility Accessibility Fire Safety Community and Building Safety Tenant Tenant Tenant Tenant Tenant M.L.E. (City of Oshawa) Durham Region Health Department (Region of Durham) M.L.E. (City of Oshawa) M.L.E. (City of Oshawa) Building Permit and Inspection Services (City of Oshawa) Fire Services (City of Oshawa) Durham Regional Police Services (Region of Durham) Landlord and Tenant Board (Province of Ontario) Durham Community Legal Clinic (Non-profit organization) Community Legal Education Ontario (Non-profit organization) John Howard Society of Ontario (Non-profit organization) Durham Region Health Department (Region of Durham) Provides enforcement services to ensure that minimum standards of property maintenance and occupancy are addressed Provides the public with information on bed bug identification, prevention and control Performs mould inspections for cases that involve a hearing before the Landlord Tenant Board Enforces the Adequate Heat By-law 76-2006 which requires landlords to provide a minimum air temperature of 22 o C within a dwelling unit between Sept 30 th and May 31 st each year Enforces City by-laws that address: o inadequate snow clearing of paths; and o elevators that are not functioning properly Ensures compliance with Accessible Standards (Ontario Building Code) for new construction and buildings undergoing extensive renovations Enforces fire safety standards, conducts fire safety inspections and plans reviews and provides public fire safety education Provides policing services to promote and maintain community safety Provincial body responsible for educating individuals on the Residential Tenancies Act, 2006 and mediating disputes between landlords and tenants in broad range issues including: rent, eviction and tenancy agreements Provides referrals, legal information, legal advice and representation before various courts and tribunals including the Landlord Tenant Board Provides legal education materials for the public on a variety of areas including landlord-tenant issues Offers Housing Outreach Workers that advocate on behalf of tenants Provides information and initiates public awareness programs about bed bugs and remediation 63