Tuesday, June 21, 2011

Frequently Asked Questions Answered Regarding the New Waterloo Rental Bylaw

Residential Rental Bylaw and Program

Frequently Asked Questions



Q: What is the timeline for implementing the new bylaw?

A: The following chart indicates key activities prior to and after the introduction of the new bylaw on April 1, 2012.



Date
Task
June 20, 2011
Proposed licensing fees  and the enforcement policy for the new program are presented to council for approval.
September 1, 2011
A reminder notice is e-mailed out to all individuals who registered for updates advising of application details and the upcoming April 1, 2012 start date of the new program. 
January, 2012
Information regarding available assistance in completing applications is e-mailed out to individuals and advertised in the Waterloo Chronicle. 
February – March 2012
Online and face-to-face training and assistance available to individuals who are preparing to complete applications for licences.
April 1, 2012
New residential rental licensing bylaw comes into effect. Reminder is e-mailed to all individuals who have requested to receive information.
Throughout April, 2012
Education and outreach is available to assist people in completing applications.
June 30, 2012
Last day to take advantage of the grandfathering provisions provided to previous lodging house licence holders as well as the exemption for floor area requirements in bedrooms.



Q: How do I know if I need a licence?

A: Any individual who is renting out a low-rise residential unit in Waterloo will require a residential rental licence.



Q: Does the licence have to be renewed?

A: Yes, licences must be renewed every April 1st.  



Q: When can I apply for a licence?

A:  The new residential rental licensing bylaw comes into effect on April 1, 2012. All individuals registered to receive updates will be e-mailed a reminder notice in advance of this date.



Q: How will the minimum distance separation (MDS) requirement impact me today and after April 1, 2012 when the new bylaw comes into effect?

A: To understand the impact of the minimum distance separation requirement on your rental unit, you will need to know what zone your unit is in and what the requirements are for that zone. Current zoning and MDS requirements stipulated for each zone have not changed as a result of the new rental bylaw. To determine the current impact, follow these steps:

1.      Determine the zoning of your rental unit by checking the zoning bylaw web page (http://www.waterloo.ca/desktopdefault.aspx?tabid=2385).

2.      Determine the MDS requirements for your rental unit’s zone as follows:



1-3 People

Any dwelling unit occupied by one to three lodgers with or without a proprietor and his/her household is permitted in any residential zone.

4-5 People without Proprietor:

This type of unit is allowed in all residential zones. 

The unit is subject to the Minimum Distance Separation (MDS) of 150 metres in the following zones: GR1, GR2A, SD, SD-1, R, SR1, SR1A, SR1-10, SR2, SR2A, SR3, SR4 and FR.

The unit is subject to the Minimum Distance Separation (MDS) of 75 metres in the following zones: MD, MD1, MD2 and MD3 (except properties at 256 Phillip Street and 143 Columbia Street West).

The unit is subject to the Minimum Distance Separation (MDS) of 75 metres at 121 University Avenue East.

4 or More People with Proprietor:

This unit may only be permitted in the following zones: GR, GR2, GR3, GR4, GR5, MR, GB, MD2, C6, C7, C8, C9.

This unit is subject to Site Plan Review Committee


6 or More People without Proprietor:

This unit may only be allowed in the following zones, GR, GR2, GR3, GR4, GR5, MR, GB, MD2, C6, C7, C8, C9.

This unit may be subject to Site Plan Review Committee.






Q: Will my current rental unit comply with the new rental licensing bylaw?

A: If you have more than three people in your rental unit, you will have to comply with the minimum distance separation requirements under the zoning bylaw (see above). Completed applications will be received and processed on a first come and first served basis and should circumstances change and as new rental units become licensed in your zone, your unit may be impacted by the MDS requirement.



Q: I have an existing lodging house that is currently licensed under the lodging house program. Do I need to do anything as a result of the new rental licensing bylaw?

A: Yes. As of April 1, 2012 the existing lodging house bylaw will be repealed. You will need to apply for a residential rental housing licence after April 1, 2012 and comply with all requirements stipulated as part of that licence. In addition, you will also need to have a completed application in before June 30, 2012 in order to take advantage of the grandfathering clause of this new bylaw. 



Q: What do I need to do to ensure I am in compliance with the safety requirements of the new rental licensing bylaw?

A: According to the new bylaw, before a licence can be granted or renewed the property must conform to the following: 

  • City of Waterloo zoning bylaws
  • Ontario building code
  • Ontario fire code
  • Ontario electrical safety code
  • City of Waterloo property standards bylaw
  • City of Waterloo lot maintenance bylaw



Q: What are the costs associated with the application?

A: A fee schedule will be proposed to Waterloo city council on June 20, 2011. These fees will be posted after they are approved by council. 



Q: How will applications be processed on or after April 1, 2012?

A:  Applications will be processed in the order they are received. Only complete applications with all the required information will be processed. If an application is rejected due to incompleteness it will not be processed until complete. Training and support will be available to assist individuals with the proper completion of the application form.



In addition, it is important to note that the minimum distance separation requirements stipulated in the zoning bylaw may impact your rental unit if another application in a similar zone is received and processed prior to your application. 



Q: Can I apply online or in person?

A: The goal is to have both an online application service as well as a paper application. As well there will be training and education both online and face to face through various application workshops scheduled to be held beginning in February, 2012.



Q: Can I transfer the new residential rental housing licence if I sell my rental unit?

A: No. If you sell your rental unit, you will need to notify the bylaw division. The residential rental licence is not transferable. The new owner will need to apply to the city for a licence.



Q: If I have a recognized accessory apartment, will it continue to be recognized under the new rental licensing bylaw and program?

A: Yes, it will continue to be recognized, however, you will be required to apply for a licence under the new bylaw and program.

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