Bill 37 and Responsible Owner Certification
Bill 37
The Association des Propriétaires du Québec (APQ) filed with the Special Consultations and Public Hearings on Bill 37, An Act to amend various legislative provisions mainly in relation to housing.
The Association des Propriétaires du Québec (APQ) would focus its comments on two points of the bill:
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Amendments to the Civil Code to reduce from five to three years the period during which an action for setting the rent or amending the terms of the lease may not be brought before the Administrative Housing Tribunal in respect of a dwelling situated in a newly built dwelling or whose use for rental purposes results from a change of use.
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Amends the Code to enact, in the case of a dwelling that has been the subject of a change of use and that was previously intended for seniors, prohibits the landlord from evicting the tenant without first offering, under certain conditions, to remain in the dwelling.
RECOMMENDATIONS
The Association des Propriétaires du Québec (APQ) therefore suggests that this bill be amended to restore the 5-year term in the case of a rent setting for a new or renovated building.
As several new and refurbished real-estate projects have been delivered, planned and/or started with the current five-year deadline, the Association des Propriétaires du Québec (APQ) asks that the bill not be retroactive and would therefore not be applied to new and refurbished buildings that have been delivered, planned and/or under construction at this time and on the date of coming into force of the bill.
If this bill were to be passed with a reduction in the time limit from five to three years, we also ask that its coming into force be only within two years, so that ongoing construction projects are not subject to it. The calculation of the rent amounts was made on the basis that they could be adjusted over five years.
Also, the Association des Propriétaires du Québec (APQ) is asking that the update on seniors’ residences be removed from the bill and that an impact study be carried out before new decisions are made.
Responsible Owner Certification and Lease Register
The Association des Propriétaires du Québec (APQ) has filed its recommendations with the Commission sur le développement économique et urbain et l’habitation.
The APQ recommends that this project be abandoned as a priority because the project does not meet the needs of the rental stock. It penalizes the majority for a minority of delinquent owners. Also, no costs of creation and maintenance were presented.
Alternatively, the Association des Propriétaires du Québec (APQ) submits the following comments for the project to be enhanced if this project were to proceed:
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The Association des Propriétaires du Québec (APQ) wants the City to detail and find alternative solutions for buildings whose insalubrity is due to tenants: How will the City be able to refuse the certificate to the owner when the latter has taken action and suffered harm?
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The Association des Propriétaires du Québec (APQ) requests to grant municipal tax credits on presentation of the invoice, every five years, of the amount of the expertise carried out and mandatory to obtain certification. Apply the amount of the expertise as a municipal tax credit the following year.
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Sale of an already certified building: The Association des Propriétaires du Québec (APQ) requests that this point be reviewed in order to simply transfer the certificate to the new buyer.
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The Association des Propriétaires du Québec (APQ) is also asking to set up a Responsible Tenant certification.
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The Association des Propriétaires du Québec (APQ) is calling for the creation of a lease register to be abandoned.
UPDATE Bill 37
Clause F has been removed from Bill 37(1): Parliamentarians have decided to postpone to the next Parliament the framework of “Clause F” which was intended to reduce the exemption period from five to three years against recourse for rent setting and amendments to lease conditions with the TAL. This exemption applies to dwellings located in newly constructed buildings or housings that have undergone a recent change of use. The initial advance proposed by the government would have been a significant gain for tenants without being a brake on housing construction. To avoid jeopardizing the bill, given the remaining time, the Québec Liberal Party has proposed to remove certain provisions regarding “Clause F”. No parliamentarian, of any party, voted against this withdrawal. It should be noted that since the bill was introduced after May 15, the consent of all parliamentarians is required for each stage of the legislative process.