‘Overcrowding in rental accommodations’: Brampton landlords exploit lax enforcement, put public health and safety of tenants at risk

During council’s final meeting of 2024, confusion and concern swirled around Brampton’s proposed changes to the City’s occupancy bylaw as councillors questioned the ability of staff to enforce new measures meant to limit overcrowding in homes being rented to multiple tenants. 

“Developing trends in the local private rental market continue to raise concerns about community well-being, including issues with unauthorized construction, unlicensed contractors, absentee landlords, and unsafe overcrowding,” a staff report presented by the enforcement and by-law services department highlighted. 

Bylaws meant to create and enforce property standards to “prevent overcrowding by prohibiting the conversion of rooms for sleeping purposes” have been ineffective as “some landlords choose to increase bedroom occupancy levels of authorized bedrooms to maximize rental income, disregarding the public health and safety risks to tenants.” 

The report—reflecting previous admissions from staff who warned that bylaw enforcement resources cannot keep up with the overwhelming demand in one of Canada’s fastest growing cities—also highlights the failure of Mayor Patrick Brown’s approach to City budgeting, forcing freezes to services as a popular political move to save costs, despite the glaring need for critical tasks such as bylaw enforcement. 

Overcrowding in homes across Brampton has been a problem for decades, with estimates of tens of thousands of illegal rental units.

(The Pointer files)

The rise of illegal construction and renovation of homes to overcrowd them with tenants will continue to “impact the delivery of municipal services to residents, including the enforcement thereof,” the report warns.

The creation of a "Rental Compliance Unit to sustain service levels and strategically align resources for maximum efficiency” was proposed by staff as part of the changes suggested to the occupancy bylaw, and detailed in the report presented December 11.

A key problem is the use of rooms to serve as the primary living area for tenants even though these spaces are not meant to be slept in. The report also describes the problem of multiple people staying in one room. 

In previous terms of council, Ward representatives reported entering basement suites with as many as two-dozen individuals crammed into tight quarters which posed dire risks due to a lack of compliance with building and fire code standards. 

Brampton has been devastated by a string of fatalities from house fires involving non-compliance with codes or illegal units altogether. 

The problem of unregistered, illegal rental suites is so rampant that two of the city’s current government representatives have been cited for illegally operating rental units in Brampton. 

Brampton West PC MPP Amarjot Sandhu was charged with four counts in 2018 for operating two illegal rental accommodations in the city. Wards 9 and 10 Councillor Gurpartap Toor is part owner of a home that was the subject of a fine last year due to illegal use as a rental property, without the proper registration.

Toor, according to a report by the City’s Integrity Commissioner, also is co-owner of another home that was the subject of repeated citations for failing to meet property standards, potentially putting public safety at risk.

Measures now being recommended by staff are an attempt to better control Brampton’s chaotic rental market which has seen an explosion of secondary units over the past two decades. Compounded by the surge in the number of international students arriving in the city, Brampton has seen a proliferation in houses being rented out to large groups, often living in unsafe conditions.

Brampton’s residential streets are filled with the cars of tenants; many are illegally crowded into homes not registered as rental accommodations.

(The Pointer files)

The sweeping changes proposed by staff mainly concern Brampton’s occupancy standards. The recommendations consist of amendments to the Property Standards Bylaw to set stricter limits on occupancy, updates to the Administrative Penalty Bylaw to impose steeper fines for repeat offenders and the introduction of user fees for re-inspections, shifting enforcement costs from taxpayers to violators. Staff have also called for a review of the City’s Second Unit Task Force to address emerging housing trends and ensure effective service delivery as Brampton grapples with a rising demand for affordable rental housing.

The 2024 report highlights troubling trends in rental accommodations identified by the City’s Enforcement and Bylaw Services, Fire and Emergency Services and Building Division staff. It describes incidents of unsanitary living conditions and overcrowding, with multiple tenants occupying a single room and inadequate furniture provisions and escape routes. Staff also discovered unauthorized room conversions that violate Building Code and Fire Code requirements. These often-included temporary partition walls, curtain-like doors and insufficient ventilation or natural light.

The above space was advertised as a "den" for rent for $480 a month in Brampton. 

(Kijiji)

Staff members also suggested establishing minimum floor areas for tenants, setting standard sizes for rooms depending on the number of occupants and raising the fines for repeat offenders.

Occupancy Standards of the Property Standards bylaw explicitly prohibit the use of non-residential spaces such as cellars, hallways, closets, stairways, kitchens, bathrooms, laundry areas, garages and sheds for sleeping purposes. It also bans unauthorized conversions of rooms into bedrooms without a building permit and compliance with the Ontario Building Code. The bylaw enforces minimum size requirements for bedrooms, requiring at least 7 square metres (or 6 square metres if a built-in closet is included) and establishes ceiling height standards to ensure adequate living space. Additionally, it strictly forbids the use of cooking appliances in sleeping areas to prevent fire hazards and safety risks.

Former councillor Jeff Bowman crusaded for years to adopt stricter bylaws and enforcement rules, to prevent fatalities due to illegal rental suites that created dangerous conditions for tenants who succumbed to fires.

Illegal rental units, often in the basement of Brampton homes, can pose dire fire and safety risks in the event of an emergency. The illegal suite pictured above, with tenants having to jump over to the stairs, is a common sight.

(City of Brampton)

Staff are recommending an amendment to the current bylaw to set minimum room size requirements that increase based on the number of people sharing a bedroom. The building permit now assumes that each bedroom is designed for two people, but the new proposal would entail larger bedroom sizes if three or more people occupy the room. This change will prevent overcrowding and ensure residents have enough space for beds, furniture and movement. These proposed amendments will also ensure the bylaw adheres to the Ontario Human Rights Code and the Residential Tenancies Act, protecting tenant rights while maintaining health and safety standards.

When Councillor Harkirat Singh questioned the ability of bylaw officers to determine the number of people living in a home, staff acknowledged there are practical challenges with enforcing the current bylaws which would require a complex investigation to count the number of people in a room, relying on tenant disclosure and other evidence if cooperation is lacking.

Singh inquired about the framework the City would implement if tenants refused to participate in interviews and would not provide any information regarding residents.

"What would be your next step for the investigation?" he asked staff during the December council meeting. “They’re saying we don't want to be interviewed. Would you call the police… or would you get to go to the courts?” 

Staff said the only way to obtain information in the case of non-compliance and lack of cooperation is to approach the property owner with evidence.

Councillor Toor, the subject of non-compliance with rules around illegal rental suites and property standards, chimed in, calling for the deferral of the proposed new bylaw aimed at strengthening guidelines around rental units, room sizes and the maximum number of tenants.

“I would like to propose that we defer this to the next council meeting. It gives us more time to discuss with staff, get more questions answered and have more clarity. This report does seem to be very hard to understand, and I am not comfortable supporting any other recommendations right now.”

Residents have called for the resignation of Brampton Councillor Gurpartap Singh Toor. He is co-owner of homes that have been cited for illegal rental suites and failure to comply with property standards.

(The Pointer files)

Staff were instructed to report back to council at the January 14 meeting with a proper enforcement mechanism and more clarity in language around the number of individuals classified as tenants in a rental unit.

The report presented December 11 included details of revenue the City generated collecting fines in 2023 and proposed increased fines for repeat offenders involved in the overcrowding of rental accommodations.

Fines ranged from $100 to $500, resulting in $397,950 raised. Proposed increases would be $250 for a first offence, $500 for a second and $750 for any subsequent offences—the projected revenue could rise to $675,050, which would be used to offset enforcement costs and enhance the ability to crack down on offenders.

A Second Unit Task Force to curtail illegal rentals and overcrowding was established in 2018 but only has four officers. It was estimated about six years ago by councillors that Brampton had at least 50,000 illegal secondary suites, but budgets under Patrick Brown’s demands to freeze spending have failed to keep up with the demand for proper enforcement to curtail the runaway rental problem in the city. 

The task force is supposed to verify if secondary units are legally registered and constructed according to Ontario Building Code and Fire Code standards. It us supposed to enforce compliance with zoning, building and bylaw regulations while addressing the illegal conversion of units, such as landlords transforming basements, garages and sheds into rental units without the necessary permits.

Another pilot program, the Residential Rental Licensing plan (RRL), to regulate landlords over a two-year period was supposed to start a year ago, but poor communication with the public and backlash from landlords who said they have followed all rules and questioned the need for another layer of regulation, led to the immediate postponement of the program, which only had two bylaw officers assigned to it. It was then relaunched with enhanced language in Wards 1, 3, 4, 5, and 7, to ensure all landlords obtain a business licence for their rental units, which must be legally registered before they can qualify for one. It also investigates non-compliance with the rules under the licence.

The Pointer reported that as of August, 1,760 units were licensed under the RRL pilot program.

There was a significant divide over the RRL program with some landlords represented by the Brampton Housing Providers Association (BHPA) arguing it unfairly targets them with compliance burdens and an additional fee of $300 on top of existing registration fees for legal secondary suites. The BHPA protested against the program with over 8,600 signatures on a petition calling for it to be scrapped, claiming that it does little to address the root causes of rental housing issues.

Brampton’s occupancy bylaw is set to be debated next week.

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