Windsor landlord group will appeal court decision upholding annual rental inspection program

A group of landlords will continue its court battle with the city as it aims to end a pilot project forcing owners of rental units in parts of Windsor to get a license to operate.

The battle centres on a set of by-laws approved by council last year that requires anyone renting a unit in south Windsor and the west-end (Ward 1 and Ward 2) pass a series of safety inspections before it can be rented out.

A judge dismissed the landlord group's complaint in court on March 25, but the group says it plans to appeal saying that the judge made errors in fact and in law.

"I'm not going to get into specifics of it, but the there are a number of issues we have with the with the judgment and we believe there's error, " said Borys Sozanski who heads Windsor Housing Providers.

New program a 'substantial expense'

The group has protested the two year pilot program saying the costs could reach $1,000 per unit each year and warn it could make rents more expensive.

Landlords will need to get a criminal record check and an electrical inspection completed before applying for a license.

The application process with the city requires each unit be inspected by a building by-law official and the fire department.

That part will cost $466 the first year, and half the cost the following years.

"It's a very, very substantial expense for small property owners," said Sozanski.

West end councillor Fabio Costante said he was disappointed that the group would appeal the decision.

"It's extremely disappointing, extremely disappointing. But I can tell you that I'm too too surprised by their intention to appeal," said Costante.

Councillor supports proactive inspections

He said he'll seek council's support in asking the court ensure the landlord group can pay for the city's legal council if the appeal is dismissed.

"I'd like to know and I think the public should know how much money they've raised in fighting this cause," said Costante.

He said a member of the group previously announced fundraising total of $80,000 that went toward legal fees and radio ads against the program.

"If we take the total number of landlords that are part of this group and divide them by the amount that they've raised, they could probably pay for inspections many times over," he said.

Sozanski has argued that the city already has the power to inspect units and that this program would duplicate that part of the system.

He also questioned why new builds need to get a license when they've already been inspected for safety through the permitting process.

"This is a very massive bureaucracy they're creating," said Sozanski.

Costante acknowledges that people can call 311 and report poor property standards to the city but argues this program is proactive, requiring an annual inspection that will keep units to a certain standard.

"It ensures that the rental stock is being inspected on a regular basis and that it's happening across the system."

City council is expected to get a report back on the first year of the pilot project from staff this year.

Costante said he's open to reviewing the program to find ways to improve it once the two year pilot is complete.