New rental overcrowding bylaw on hold due to ‘complex’ enforcement and other concerns in Brampton

The city is temporarily pumping the brakes on new rental overcrowding rules that staffers say will result in “complex investigations,” and to ensure large families aren’t unfairly impacted.

Changes to Brampton bylaws were proposed in September and would go beyond Building Code and Fire Code requirements, setting limits of 14-square metres for rooms “provided to three persons” and 7-square metres “per person where the room is provided to four or more persons.”

But investigating properties and enforcing those standards could prove difficult if occupants don’t cooperate with Brampton Bylaw Enforcement, staff told council on Wednesday.

“And it will be a complex investigation,” staff said. “We’ll need to establish who’s actually residing in that room,” adding that will require “disclosure” from residents on where they live in the home.

“So If they’re not complying or not cooperating, we’d be required to then see if we can get that information from the property owner.”

Deputy Mayor and Coun. Harkirat Singh said he was “uncomfortable” with the proposed bylaw changes as written, saying the investigations feel too much like “policing.”

He also raised concerns that the bylaw’s language referring to the number of “persons” in a home doesn’t differentiate between adults and children, saying he doesn’t want to see cases of families like “a mother with two infants” being impacted by the proposed changes.

After some debate, Coun. Rowena Santos proposed referring the report to a committee of council and defer the bylaw to a future council meeting in January.

“In the meantime, we’ll get this sorted with the correct language,” Mayor Patrick Brown said of the proposed bylaw changes.

The bylaw proposal came following the launch of the city’s Residential Rental Licensing pilot project and ahead of incoming provincial changes to additional rental units across Ontario.

If approved, escalating fines for breaking the updated Property Standards By-law would cap out at $1,000 according to a city report.

Updates to the bylaw in 2022 looked to tackle overcrowding by prohibiting the conversion of rooms for sleeping purposes. But the city says some less reputable landlords have exploited housing demand “by increasing bedroom occupancy levels to maximize rental income.”

There have been 266 penalty notices issued since, totaling some $65,000 in fines, the city says.