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N.B. council halts controversial rental property bylaw

More consultation called for after heated debate.
NB City Hall 3
The proposed bylaw suggests residential rental properties be registered and inspected, either through consent or a warrant, to ensure compliance with existing safety and building codes.

NORTH BATTLEFORD — A lengthy and heated city council meeting Monday concluded with a delay in further reading of the Residential Rental Property Registration (RRPR) Bylaw, as council called for additional research and stakeholder consultations.

“We do have an election coming up, so that's partly why we do need to consult (with the public) and not lose focus on what that end goal is, creating safer and healthier communities and neighbourhoods,” said Councillor Kent Lindgren.

The proposed bylaw suggests residential rental properties be registered and inspected, either through consent or a warrant, to ensure compliance with existing safety and building codes.

“It's very much disheartening to read it [the draft bylaw] and then being almost told that I would be a danger to public health and safety – because I'm a landlord,” said Rick Kostiuk, a North Battleford landlord and longtime resident.

Kostiuk spoke at the meeting on behalf of a small group of local landlords who sat through the entire three-and-half-hour session, as he said the previous two public consultations were lacking.

“... A lot of the perceptions of intimidation and it was brought forward in the writings… A lot of the hesitation for a tenant to call a warranty,” he said of the draft bylaw.

“I am fearful that it [passing the RRPR Bylaw] will court investment in our community for anybody wanting to do this [being a landlord].”

Currently, the city lacks the legal authority to conduct routine inspections or access utility and tax records for enforcement purposes, which requires a proactive rather than a reactive approach, city clerk Stacey Hadley said.

Critics: How the business works

The city’s proactive approach was directly refuted by critics, saying new regulations are unnecessary because existing rules could be updated to include annual inspections.

Cameron Choquette, chief executive officer of Saskatchewan Landlord Association, a provincial association that represents and works on behalf of the province's rental housing industry – that houses more than 30 per cent of North Battleford’s population, attended the meeting online Monday with suggestions.

“I can understand the benefits of data collection, but I can't seem to understand why the city doesn't have the contact information for rental housing providers who pay millions of dollars in taxes and utilities every year,” Choquette said in the Zoom meeting.

Choquette warned that the current rental housing businesses don’t respond well to new regulations because of the existing level of government control.

“Our members are worried about the four to six landlords that need to receive targeted enforcement not receiving it, and a blanket approach being used instead,” he said.

The city’s response and broader concerns

The proposal intends to provide the city with a comprehensive view of the rental landscape to better plan and deliver services, though it does not mandate universal inspections, said Randy Patrick, city manager.

“We're seeing as a council every week pictures of places I would not let my animals live in… Emergency Services are worried we're going to have more fires and more deaths because of these homes,”  Councillor Bill Ironstand spoke in favour of the bylaw.

In creating the bylaw, the city learned from other cities like Saskatoon, focusing on proactive measures only if concerns arise.

“My frustration has been with enforcement,” said  Councillor Len Taylor, adding that he has been receiving angry phone calls from landlords having trouble accessing their properties.

 Councillor Taylor brought up further concerns about working with the provincial government, which has been absent in sending social services for wellness checks, which is overloading the bylaw community safety officers.

“I want to live in a city that's fair and safe and protective of its population, the most vulnerable need the most care,” he said. “I'm not sure creating an environment of stress amongst landlords right now is the way to start this process.”

Landlords’ rights?

Kostiuk said there needs to be more transparency in developing a contact list for communication purposes.

“If the RCMP came to one of my rental properties, I wouldn't know.”

“The folks sitting here right now, from the sounds of things, as well as myself, we're not them [bad actors]. If this [the bylaw] was to ever pass or even do a contact list of some kind without any strings attached, we're going to probably be the only ones that would sign up. You're still not going to achieve what you are aiming for through this bylaw right now the way it is,” he said.

Kostiuk added the bylaw would invade the privacy of tenants in rental properties, stressing the need to distinguish between public and private concerns and ensure that property owners’ rights are respected.

“My wife and I are in the profession of helping people, and we have residents that live with us that are unable to live on their own. We felt that one other way to help us, (because we also don't have pension plans or anything to that effect), was to invest in rental properties,” said Kostiuk. “I would never put somebody in a rental property that I wouldn't want to live in there myself.”

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