Edmonton city council has approved new zoning rules that let the city identify and enforce against illegal lodging houses, lowering the definition from four rented bedrooms to three. The vote followed a public hearing at which seven people spoke in favour of the proposed bylaw changes. Council approved them 9-3; Coun. Aaron Paquette was absent, while Couns. Ashley Salvador, Anne Stevenson and Jo-Anne Wright voted against.

Under the revised definition, a lodging house is a dwelling with three or more bedrooms rented individually. Such properties are limited to small scale (RS) and small scale flex (RSF) zones, each capped at eight units per lot, and small-medium scale transition (RSM) zones, now capped at 12 units per lot. Lodging houses are no longer allowed in row housing or in a secondary suite.

The city’s administration has identified more than 300 suspect properties that may be operating as lodging houses without meeting the requirements. With the new definition in place, property inspectors can fine operators found to be running illegal lodging houses. Fines start at $1,000, rise to $2,500 for a second offence and double for each later offence, up to the $10,000 maximum allowed under the Municipal Government Act.

The changes are also intended to make identification easier for bylaw officers and reduce reliance on the existing complaint-driven enforcement cycle. Last year, 311 operators recorded 74 complaints about lodging houses. There had been 50 complaints as of July 31 this year.

“We are really pleased,” said Jan Hardstaff, a representative of the residential infill working group, after the vote. “It will make future housing safer and it will still allow lodging, but it will allow it in the appropriate housing form. These amendments were necessary to provide tools for enforcement.”

The city has issued 134 development permits for lodging houses since 1996. Of those, 85 were for new builds and 49 for renovations or modifications to existing structures. City development branch manager Travis Pawlyk said each development permit is subject to at least 15 separate inspections before construction is complete, followed by further compliance requirements for the developer.

Pawlyk said Edmonton has 13 officers dedicated to development enforcement, in addition to the city’s bylaw enforcement team. Several speakers asked the city to stop issuing permits to developers with a history of problems. However, under the Municipal Government Act, the city cannot flag and refuse a permit on the basis of past bad practices when a developer submits the required paperwork. The city can issue stop orders if a build is considered unsafe or improper, and it requires letters of credit from developers to fund completion of work if they cannot finish a project.

Mayor Andrew Knack said the new rules preserve lodging options while setting clearer limits on the form they can take. “If you had a multi-unit development, say eight units, that each had three bedrooms and they’re being rented in the form of a lodging house, that is essentially 24 different units. There’s a time and a place for that,” he said.

“Students need lodging homes. We cannot ignore that reality, we should not be regulating those out of our land use - and we’re not. But we’re going to make sure it’s a bit more defined going forward,” Knack said.

The city has grown rapidly over the past five years. Alberta government figures show Edmonton’s population increased by 18.3 per cent during that period, and officials project the city will reach two million people within the next decade.

Based on reporting by Edmonton Journal.