New Port Moody bylaw can crack down on landlords who don’t maintain their buildings

Problem landlords could now be subject to fines from the City of Port Moody if tenants can prove their homes are unsafe or unhealthy to live in.

Council voted unanimously to adopt a standards of maintenance bylaw on Oct. 22 – the first in the city’s history.

“A portion of our rental stock is in very poor condition,” said Coun. Amy Lubik, who helped pushed the city to adopt new rules. “This is critical for filling the gaps in legislation for renters.”

Typically, the only option for tenants dealing with maintenance issues is through the province’s Residential Tenancy Branch (RTB), but staff said research has shown the process can be sluggish and lead to continued exposure to dangerous conditions.

According to the 2021 census, major repairs are required in 5.3 percent of Port Moody’s housing stock. While the city was not tracking the number of complaints, staff estimated they received two to three calls a month from tenants with concerns about their living situation.

One Port Moody resident who spoke at public input described the RTB’s current complaint process as having “systematic failures,” causing her family to emergency vacate their home in 2021. 

She said for more than 10 years she documented black mould, electrical and heating, and asbestos concerns via continuous video and photo evidence, hazmat reports, a supportive letter from Fraser Health, and has reached to the city, the local MLA, WorkSafe BC, and Technical Safety BC.

The landlord was able to continue to renew their rental licence without compliance to RTB orders, re-renting the property at a higher rent, according to the resident.

“This should never fall into a tenant. It should be as simple as contacting the city,” she said. “All the landlord did was hire unqualified workers to do patch jobs, and ignore and hide the bigger issues.”

A local policy on minimum rental standards has been in the works since 2020, following a recommendation from the city’s task force on affordable housing. Formulating a maintenance bylaw was subsequently recommended in Port Moody’s 2022 Housing Action Plan.

The new bylaw will apply to all residential properties with rental units (including unauthorized suites), setting maintenance requirements for plumbing, building exteriors, floors, pests, mould, heating, cooling, and electrical.

Tenants will be able to lodge complaints through both the RTB and the city. Evidence gathered from municipal bylaw officers can also be used in RTB dispute resolution hearings.

The city will now be able to conduct its own investigations, issue notice to landlords, potentially fine them up to $500 per infraction, and up to $1,000 for non-compliance.

Major contraventions can also be prosecuted by the province under the Offence Act, which comes with $3,000 tickets per infraction, and up to $50,000 for non-compliance.

Standards of maintenance bylaw from six B.C. municipalities were reviewed in drafting the bylaw. Staff said their analysis showed municipal enforcement results in a more speedy resolution for minor issues, provide tenants some protection from accountability regarding attempted renovictions, and that higher fines motivate landlords to act.

In addition, the bylaw could help protect Port Moody’s older rental stock – which if often more affordable – from premature demolitions by encouraging proper upkeep.  

Staff said the intention of the new bylaw was not to immediately fine landlords, but to establish standards, adding municipal tickets can be disputed.

While Port Moody’s maintenance rules drew on provincial guidelines, it was also customized to include provisions on cooling and heating standards.

More than 600 deaths were attributed to the 2021 heat dome according to the BC Coroners Service, and staff said regulating the temperature of rental units has become an area of concern.

The Residential Tenancy Act only establishes minimum heating standards for units, but not maximum temperatures. It also does not require air conditioning (AC) in rental units.

Staff, however, note that the RTB guideline states that prohibitions of AC units without rationale is considered “unconscionable if it grossly impacts the health and quality of life for the tenant.”

And while a 2024 update to the BC Building Code requires certain cooling standards new buildings, it does not apply to old buildings. 

Port Moody’s bylaw states a landlord cannot prevent tenants from installing their own portable AC devices without reason, and must keep provided AC systems functional.

Staff said they are uncertain of how many more calls the bylaw department will receive as a result of the new bylaw, and requested $25,000 for initial implementation. After examining the impacts to resources, staff will report back to establish a permanent budget request.