Update on the Residential Rental By law

Update on the Residential Rental By-law

March 27, 2024:

On March 25, 2024, Justice K.A. Gorman returned the Court's decision regarding the hearing held on December 7, 2024. The Court concluded that the by-law is valid and dismissed the application of Windsor Housing Providers Inc. You can find the Court's reasons for decision on our Court documents page.

Following this decision, the City will continue to administer the RRL Pilot Study as intended. As it has since the pilot study began, the City will focus its efforts on education and securing voluntary by-law compliance.

December 8, 2023:

1. What happened at the December 7 hearing?

On December 7, Justice Gorman heard the application of Windsor Housing Providers Inc. to quash Residential Rental Licensing By-law 14-2023. The judge reserved her decision and will deliver it at a later date.

November 29, 2023:

1. When will the next hearing for the Residential Rental By-law be?

The application will be heard by the Court on Thursday, December 7, 2023.

2. Was there a hearing on November 27?

No. The hearing scheduled for November 27 was cancelled.

3. Why was the November 27 hearing cancelled?

The November 27 date was for Windsor Housing Providers Inc.'s injunction application to determine if the by-law should be enforced before another hearing could be held to evaluate whether the by-law is valid. Because the Court was able to hear the application on its merits on December 7, 2023, the parties agreed the hearing on November 27 was not necessary.

May 31, 2023:

1. When did this by-law come into force?

City Council passed By-law 14-2023, A By-law to Establish a Licensing Program for the Regulation of Residential Rental Housing in the City of Windsor (“RRL By-law”). The RRL By-law came into force on February 13, 2023.

2. Is this by-law still in force?

Yes.

3. What is the court challenge?

Windsor Housing Providers Inc. is challenging the validity of the RRL By-law. On April 21, 2023, they wrote to the Court to seek an urgent hearing for a motion that “nothing shall be done under the by-law until the application is disposed of.” On May 16, the Court indicated that the motion was not urgent and decided to schedule the hearing for November 27, 2023.

Windsor Housing Providers Inc. sought leave to appeal this decision but has agreed to withdraw the appeal and allow the motion to proceed on November 27. The City will not be issuing penalties under the RRL until the motion has been addressed.

All relevant documents filed in this matter to date are available on the Court documents page.

4. What will happen on June 1?

The RRL By-law provides that May 31 is the renewal date for licences. This will be relevant in future years when licences come up for renewal, but there is no other significance to that date.

5. What will happen on November 27?

The Court will determine whether the RRL should be enforced until the overall issue of the validity of the by-law is heard and addressed. The Court will NOT be determining whether the by-law is valid at that time.

6. What will happen with the RRL between now and November 27?

Whenever a new regulatory by-law comes into force, the City has always begun with a campaign of education, awareness, and assistance to achieve voluntary compliance from as many affected people as possible. The City will continue to work with property owners to bring them into compliance rather than taking a punitive approach.

7. If there is no punishment, do I have to get a licence?

The licensing by-law remains in effect. If the motion on November 27 is denied, then the City may move forward into enforcement.

8. Can I still get tickets or orders under other City by-laws related to my rental properties?

Yes. The City continues to be obligated to enforce all existing legislation and standards. Some of these include:

  • Building Code Act, 1992
  • Fire Protection and Prevention Act, 1997
  • Fence By-law 170-2012
  • Ice and Snow Removal By-law 8544
  • Noise By-law 6716
  • Parking By-law 9023
  • Property Standards By-law 9-2019
  • Waste Collection and Disposal By-law 2-2006
  • Yard Maintenance and Anti-Littering By-law 3-2006
  • Zoning By-law 8600
  • Keeping of Animals By-law 8156
  • Feeding of Wild Animals By-law 67-2021
  • Business Licensing By-law 395-2004
  • Short-term Rental By-law 115-2022
  • Registration, Licensing and Control of Dogs By-law 245-2004
  • Fireworks By-law 37-2004
  • Idling of Vehicles and Boats By-law 233-2001
  • Vital Services By-law 195-2011

9. How do I get a licence?

Please see how to get a residential rental licence for guidance on the licensing process, additional information and application forms.