Toronto ombudsman to investigate whether city policies have contributed to apartment heat issue
Ombudsman urges landlords to keep heat off with temperatures of nearly 40 degrees Celsius expected this weekend.

Thestar.com
Sept. 22, 2017
By Jennifer Pagliaro

A city watchdog is joining those at city hall demanding landlords keep the heat off in their apartment buildings with temperatures expected to near 40 degrees Celsius with the humidex over the weekend.

On Friday, ombudsman Susan Opler released a statement after her office has been contacted by tenants about the re-occurring issue.

"I am very concerned by reports that some landlords believe that the city requires them to turn on the heat in their buildings as of September 15, regardless of the temperature outside," Opler said. "This presents a real risk to the health and safety of tenants."

That message came just before Environment Canada issued a heat warning for Toronto for the weekend.

Opler's office, which has oversight of city administration, has also launched an enquiry into whether city policies or practices have contributed to the problem.

Earlier this week, councillors Josh Matlow and Joe Mihevc held a press conference in an effort to reach landlords who they said are misunderstanding the city's rules.

The city's by-law governing heat sets a minimum temperature of 21 degrees Celsius between Sept. 15 and June 1 but it does not mandate a maximum temperature.

The rule has led some landlords, the councillors said, to think they are obligated to change over from air conditioning to heating in buildings with centralized air.

But the by-law doesn't require landlords to switch from cold to hot, just to maintain the minimum temperature during that period.

The councillors, later joined by Mayor John Tory in a message on Twitter, urged landlords to use "common sense" when deciding when to switch over.

The lack of clarity in the bylaw has left councillors and tenants lobbying individual landlords.

Residents at 44 Jackes Ave., many seniors, who reported their air conditioning had been turned off and were suffering inside their tower near Yonge St. and St. Clair Ave. in Matlow's Ward 22 (St. Paul's) had the air conditioning restored by management on Thursday after pressure from the councillor's office.

Matlow, who has been asking for a review of the bylaw since 2012, says that problem demonstrates the bylaw must be changed.

Amendments, he said, could include legislating a maximum temperature, moving the date for the minimum temperature requirement closer to October, or giving the city's medical officer of health the mandate to adjust the date as required.

"The city has a responsibility to ensure that their bylaws are as clear as possible to prevent any possibility of misinterpretation and that it meets its objectives," Matlow said Friday. "I think it's fair to say that, just given the result, that this bylaw isn't good enough."

Geordie Dent, executive director of the Federation of Metro Tenants' Associations, said the investigation by the ombudsman is welcome.

"Honestly, one of the things we want to see and that public health looked at this year is a maximum temperature bylaw," he said, adding it's unclear how much of the problem is because the rules are unclear or because landlords are looking to save money.

"It's high stakes stuff. This isn't just annoyance or a difficulty, it's going to kill people," Dent said.

The ombudsman is encouraging tenants and landlords to contact her office at 416-392-7062 or ombudsman@toronto.ca.