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WCEL
> Issues > Urban Growth and
Development > Smart Bylaws Guide > Part
5 > Conversion & Demolition Control
Smart Bylaws Guide – Support Rental Housing – Conversion
& Demolition Control
Conversion and demolition controls are used by over 20 local
governments to control the rate of loss of existing rental
accommodation. Conversion controls refer to limitations on
when and how a rental unit or building can be converted to strata
ownership.
Many conversion control policies require the vacancy rate to be
higher than a certain threshold for a period of time before a
conversion will be approved. New Westminster placed a complete
moratorium on conversions.
In addition, local governments must consider the following
criteria when approving the conversion of rental units into strata
units (section 242 Strata Property Act):
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the
priority of rental accommodation over privately-owned housing in
the area;
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the
proposals of the owner for relocating the existing tenants;
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the
life expectancy of the building;
-
the
projected major increases in maintenance costs due to the
condition of the building; and
-
any
other matters that, in its opinion, are relevant.
Examples of Municipal Conversion Controls in BC
District
of Campell River –
Official
Community Plan Bylaw No. 2555 p.53
7.11
RENTAL HOUSING
Choice in
tenure for residents shall be maintained by encouraging an adequate
supply of rental housing through:
-
supporting
public and private initiatives in this area;
-
examining
ways to reduce the cost of approvals by speeding up processing
times; and
-
conserving
the existing rental housing stock by restricting conversions
when rental vacancy rates are less than 3%.
City of
New Westminster –
Official
Community Plan Bylaw No. 6680 pp.47-48
Need for Balance Between Rented and Owned Housing
Since
1978, the City has placed a moratorium on the stratification of
rental housing units. Council policy states “that a moratorium be
placed on the conversion of rental units to strata title units”
[see Council Resolution: 1978 November 27]. A consideration to
encourage additional homeownership may be addressed through amending
this Council policy. There are advantages and disadvantages to
lifting the moratorium on the stratification of rental units. An
advantage could be Building Code and City regulation upgrades to
particular rental buildings. A disadvantage could be the potential
displacement of renters. Due to these complex considerations,
further study is required.
***
Policies and Priorities
1. Promote high health and safety standards in the rental housing stock as it
ages.
-
Continue
to encourage the upgrading of existing rental stock to current
codes (e.g., fire, seismic, handicapped) as well as the
replacement of old rental units with new rental housing by
considering the adoption of policies encouraging the creation of
rental units in multi-family rezoning.
-
Regulate
the creation of legal secondary suites.
-
Encourage
existing commercial enterprises to create rental housing units
above ground level storefronts.
-
Continue
to support Police Service initiatives(e.g., Crime Free
Multi-Housing Program) and Simon Fraser Health Region programs
designed to address housing issues in New Westminster.
-
Continue
to monitor the affordability and livability statistics of the
City’s rental stock.
2. Encourage a balance of rented and owned housing units.
-
Examine
the effects of the moratorium on conversion of rental units to
strata titled units.
-
Review
the moratorium on strata titled units.
City of Vancouver – Strata
Title and Cooperative Conversion Guidelines March 2003, p.2
For the
approving authority to give favourable consideration to an
application for converting a previously occupied building to strata
title or cooperative ownership:
(a) At
least two-thirds (2/3) of the households occupying the building must
have given their written consent to the conversion; and
(b) The
interests of all tenants must have been adequately respected in the
conversion process.
City of Vancouver – Artists
Studios in Industrial Districts Strata Title Conversion Guidelines
September 10, 1996
Council will not entertain any applications to convert previously occupied
buildings which have been converted to artist studio use to strata
title ownership, with the exception of buildings listed on the
Vancouver Heritage Register, which are located in 'let go'
industrial areas. City of Vancouver - Single
Room Accommodation Bylaw No. 8733 (2003) This Bylaw
requires Council approval to demolish or convert single room
accommodation designated rooms, which include single room occupancy hotels (known as SROs), rooming houses and non-market projects with rooms less than 320 square feet.
According to the City of Vancouver's Housing
Centre's website, the by-law is "a response to a number of factors:
* Increasing development pressures in the downtown core;
* The provincial government’s cancellation of the Homes BC program; and,
* Council’s commitment (vis-à-vis its role as a signatory to the Inclusive Intent Statement) to the goal of ensuring no evictions occur as a result to the 2010 Winter and Paralympic Winter Games."
City of Toronto - Rental
Housing Demolition and Conversion Bylaw and background
information
This Bylaw aims to protect from demolition or
conversion residential buildings containing 6 or more rental housing
units.
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