Sunday, 15 March 2015

Occupancy Standards

The Condominium Act allows condominiums to limit the number of people who can occupy a unit in a corporation. To do this the standard must be set by by-law. It is recommended that any buildings near educational institutions should include such provisions in their by-laws as doing so provides the corporation with the ability to control the numbers of people living in a unit. The current maximum provided in these by-laws is two persons per sleeping room as set out in the Ontario Building Code.  There are two ways to deal with overcrowded units.

First, is when the overcrowding is a result of people occupying the unit who are not family related members, for example a group of students. One student signs the lease for a two bedroom unit and 5 extra students then move in.  With an occupancy standard by-law, the corporation can seek the removal of the two extra people.

Second, if the overcrowding is as a result of children or extra family members occupying the unit, then the Human Rights Code family status provision will not allow the enforcement of the occupancy by-law provision, but the corporation can levy a surcharge against the unit.

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