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Motion CPS 2020 12/2
Moved by Councillor E. El-Chantiry
WHEREAS the proposed Rental Housing
Property Management By-law requires landlords and property managers to
deliver “information for tenants” documents to tenants and to obtain the
signature of the tenant to show delivery of the initial document, as set out
in Section 16,
AND WHEREAS the proposed by-law also
that requires that the landlord or property manager deliver updated or
revised information for tenant documents to the tenant and obtain a signature
to confirm receipt;
AND WHEREAS the requirements for
obtaining the signature of the tenant on each updated information for tenant document
may be overly onerous for the landlord or property manager from both a
practical and costs perspective, and this requirement may not be required,
AND WHEREAS it is also practical to
consider additional methods of delivery of the documents by the landlords to
the tenant other than registered mail or courier delivery in circumstances
where the tenant refuses to sign the document to confirm receipt, provided
proof of receipt is obtained to show the document was actually delivered,
AND WHEREAS it is also practical to
specify that with respect to Section 32 of the proposed by-law, the landlord
or property manager is only obligated to post a treatment plan in the
building when it is the publicly accessible areas of the building that are
being treated, other than a rental unit.
BE IT
RESOLVED that that Section 16 and Section 32 of the recommended Rental
Housing Property Management By-law be amended as indicated by the following
bolded wording and strikeouts:
16.
(1) Two copies of information for tenants shall
be provided with the lease agreement:
(a)
one (1) copy must
be provided to the tenant; and,
(b)
one (1) copy must
be signed by the tenant as an acknowledgement of receipt and retained by
the landlord with the lease agreement.
(2)
When information
for tenants are modified, a landlord or property manager shall:
(a)
issue a revised
copy to the tenant in accordance with subsection (4), within 30 days of
the modification; and,
(b)
collect the
revised copy signed by the tenant within 30 days of the date of issuance; and
(c)
replace the copy
kept on file with the revised signed copy.
(3)
Where a tenant
refuses to sign acknowledgement of receipt of information for tenants as required
in subsection 1(b), a landlord or property manager may issue copy to the
tenant in accordance with Subsection 4 and retain proof of issuance.
(4)
For the
purposes of Subsection 2 (a), and Subsection (3), issuance of the information
for tenants document or revised information for tenants document may occur by
the following means:
a)
registered
mail, with appropriate receipt of delivery,
b)
courier
delivery, with appropriate receipt of delivery,
c)
personal
service to the tenant, with receipt of delivery signed by the tenant,
d)
personal
service to an adult in the tenant’s rental unit, with receipt of
delivery signed by the adult in question,
e)
personal
service to the tenant, with an affidavit of service,
f) personal service to an adult in the tenant’s rental unit, with
an affidavit of service, or
g) Email or other
electronic transmission, with proof of delivery and receipt to the
tenant.
32. No
landlord or property manager shall fail to post notice of a pest treatment
plan in the lobby of an apartment building when the treatment is in a
building area accessible to tenants other than a rental unit.
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