Brampton's secondary suite dilemma divides the city
City proposes changes to its policy on secondary units

June 1, 2017
By Peter Criscione
bramptonguardian.com

It is one of the most divisive issues in Brampton: many residents including thousands of newcomers and those without affordable housing options are relying on secondary suites inside homes; while others are outraged by the crowded driveways, streets and schools overflowing because of a system many feel is unfair, stretching infrastructure and property tax revenues too thin.

A new tightening of rules by City Hall around secondary units in Brampton has once again opened the door to the difficult conversation about culture, poverty and a fleeting suburban dream in one of Canada’s fastest growing cities.

“Are my council colleagues being racist? I couldn’t make that assertion but I am uncomfortable with some of the rhetoric,” said Regional Coun. Martin Medeiros, referring to a highly charged debate raging over illegal basement apartments and secondary units.

On Monday, the city’s planning committee approved changes to its policy on secondary units. New guidelines, pending council approval on June 7, set out specifications on parking, unit sizes and a few tweaks that aim to streamline the registration process.

Municipal leaders say the proposed recommendations allow for “flexibility” while “ensuring units are safe, legal and livable.” They follow a review of the city’s 2015 bylaw after garnering very little uptake of landlords registering units.

While provincially mandated to allow secondary units as a critical layer of living options in an over-heated real estate market facing a crisis in affordable housing, the issue continues to divide Brampton. The province has called on municipalities to establish and enforce guidelines on secondary units, to guarantee their safety while preventing the proliferation of illegal dwellings. The issue continues to fuel tensions between neighbours in the midst of the city's population explosion, shift in demographics and a lack of housing options.

Peel Region is facing a crisis in affordable housing, with families waiting more than a decade to get a subsidized unit, among the longest wait times in Ontario.

Some councillors, and members of the community argue that while the current bylaw might meet many of the province's criteria for regulating secondary suites, it falls short in protecting against those who are abusing the system.

Coun. Jeff Bowman welcomed the bylaw changes agreed to on Monday, but is among several council members seeking greater powers for municipalities to search properties suspected of housing unregistered units. The downtown councillor said in the last year alone, "calls for investigations for possible illegal second units increased by 105 per cent." Bowman says his biggest concern is community safety.

Earlier this month, council approved a motion by Regional Coun. Gael Miles that would allow entry into suspected multi-unit properties.

“This is an issue that really concerns me,” said Miles, referring to a growing trend where converted properties “have three and more dwellings within their homes.”

Medeiros called expanded powers intrusive and heavy-handed and raised concerns about an undercurrent driving the discussion locally. In addition to investigative powers, special telephone “hotlines” where neighbours can report suspected illegal units is among the ideas being touted. It's unclear if some of the proposed ideas to crackdown on abusers are even legal under various provincial laws governing right of access, privacy and housing regulations.

“I recognize that not all secondary units are safe," Medeiros said. "There has to be regulations around it and it’s important that we do that. I do disagree with some of the rhetoric that I hear from some of my colleagues in terms of legislating greater investigative powers.”

Medeiros acknowledges that basement apartments are a difficult issue.

“Many lived in basement apartments. My parents did that. Newer community groups predominantly rely on secondary units.”

Warning against setting a bad precedent, Medeiros said expanded powers to seek out suspected rule breakers is “insensitive to folks that come from lower incomes or who are new Canadians.”

It is estimated there are 30,000 illegal basement apartments in Brampton.

Ontario’s mandate requiring municipalities to regulate secondary suites was met with massive resistance locally. At the height of the debate, residents voiced concerns about street parking and overcrowded schools, among a host of other issues.

Sukhjot Naroo, part of the advisory committee that helped craft the regulations, said bringing more unregistered units into the fold is crucial because money for programs funneled down from upper-tier governments is based on population numbers.

Naroo figures as many as 100,000 people living in this city are unaccounted for.

However, Naroo took aim at current regulations stating guidelines and costs associated with legalizing units “penalize” property owners who, in many cases, decide to rent out their basements in order to help cover monthly mortgage payments.

“Let’s try to help people instead of penalizing them,” said Naroo, adding suggestions on easing requirements put forward during deliberations were turned down.

For many in the community, stricter enforcement of the rules is about ensuring community safety and fair taxation.

Chris Bejnar, co-chair of Citizens for a Better Brampton (CFBB), argued Brampton’s bylaws don’t go far enough.

The CFBB wants government to place the onus on investors and landlords to prove registered secondary units are in compliance of all bylaws and fire codes, “not for the city to have to prove its case against the landlord or investor.”

Bejnar reiterated concerns on secondary and tertiary units, focusing on community safety and the burden they potentially pose on the tax base.

He argued the influx of new residents isn’t paying their fair share toward publicly funded programs and infrastructure maintained primarily through property taxes.

“What we need is more taxpayers, not just residents,” said Bejnar. He advocated for a number of measures the city could take to curb the practice of creating unsafe, unregulated units, including establishing a hotline where residents can report suspected illegal units and renovations.

He also talked of lobbying the province for greater municipal access to investigate illegal basement apartments and rooming houses “so that there is better compliance to fire codes and legal registration.”

At 600,000 people, Brampton is experiencing a major cultural shift driven by the new demographic trends. Some officials say greater education is needed about poverty issues and access to housing as well as the impact of a shift in cultural dynamics that see multiple generations of family members living together.

Medeiros said traditionally that’s what happens when new Canadians come to settle in Brampton, from certain parts of the world. "That seems to be the first option of affordable housing.”

Mayor Linda Jeffrey agrees, pointing out that it's often not just cultural dynamics, but sometimes economic realities that create demand.

"When my family arrived in Canada my parents and I lived in a basement apartment and when I first got married my husband and I lived in an apartment in someone's attic," she said. "Second units wherever they are located in Canada provide an affordable housing option. As a Council, I believe we value this additional housing option in helping us tackle our affordable housing crisis in Brampton."