Registry to track vacant, unused Montreal properties still not operational a year later
Critics say city lacks enforcement, worry higher fines could encourage arson
More than a year after the City of Montreal passed a bylaw aimed at tackling the number of vacant, unused buildings in Montreal, one of the key ways of doing that — a mandatory registry for property owners — is still not up and running.
The new rules were passed in the fall of 2023 and apply to both residential and commercial buildings within city limits.
Owners were supposed to pay an annual fee to register their property if it sat unused for more than a year, allowing the city to keep better track of those buildings and get units back on the market if possible.
It can also help clarify who the landlord is, especially if it's a numbered company or if the owner lives overseas.
But the registry is still not in place and there is no timeline as to when it will be.
"It's a shame, because we're facing a housing crisis across the city," said Julien Hénault-Ratelle, a city councillor for Montreal's Mercier-Hochelaga-Maisonneuve borough and Opposition party Ensemble Montréal's housing critic.
In addition to the registry, property owners are expected to do basic maintenance to keep everything from the roof to the plumbing of vacant buildings in good condition.
They also have to keep the interior heated to a minimum temperature of 10 C and make sure entry points are properly boarded up and lit. Failure to do so can result in fines up to $250,000 for heritage buildings.
Although the goal of the bylaw was to hold negligent property owners accountable, critics question whether the rules are realistic and doubt the city has the resources to properly enforce them.
Heritage advocates are also worried the higher fines could actually have the opposite effect — and result in buildings being intentionally set on fire.
City criticized as 'negligent landlord'
Hénault-Ratelle met CBC News on a worn-down stretch of Clark Street in Chinatown. With the exception of the Chinese community and cultural centre, the entire block feels abandoned with many buildings shuttered. On the west side, three vacant buildings in a row are all owned by the City of Montreal.
Although they are earmarked for a future social housing project, one of the buildings has sat vacant for more than a decade. Earlier this year, Hénault-Ratelle said the city installed barricades around the building and had to reinforce the exterior wall with metal posts because bricks were falling into the alley.
"The City of Montreal is itself a negligent landlord," said Hénault-Ratelle. "So we see the city doesn't lead by example."
In his view, one of the biggest flaws of the new bylaw is the city's inability to properly enforce it.
There are 140 building inspectors for the entire island of Montreal. They also have to do inspections of unsanitary housing as well as new construction and renovation projects.
It's a lot to juggle. Even if fines are issued, Hénault-Ratelle said some property owners don't take them seriously.
The City of Montreal refused an interview with the executive committee members who oversee the vacant building bylaw.
In an email, a spokesperson said the bylaw is intended to complement the other programs the city has to prevent the deterioration and demolition of certain buildings.
'We're living a nightmare'
Earlier this fall, CBC News reported on a set of buildings in the Plateau borough on St-André Street at the corner of Bienville Street that have been vacant for years.
In 2017, the owner asked the borough for a demolition permit, but it was rejected. In their decision, the demolition review committee blamed the owner's negligence for the building's deterioration. The committee also felt the loss of the buildings, which have heritage value, would be immeasurable for the neighbourhood.
Since then, residents say the buildings have continued to fall apart. Barricades were installed for safety reasons, but residents say squatters routinely find a way to pry the wooden boards off the doors and windows, leaving behind garbage, rotting food and syringes.
"We're living a nightmare," said Ronald Inch, whose daughter, Laurence, lives next door.
"The city says the police has to call. The police says the city has to call. And the ball goes back and forth like that."
Although the city has issued thousands of dollars in fines for failing to maintain the buildings, the owner, Stevens Coulombe, previously told CBC News he views the fines as a form of harassment and won't pay unless a judge orders him to.
He has also said he does not see any value in investing money in repairs if the buildings are at the end of their life.
Vacant buildings a fire risk
Around 800 buildings sit derelict across the city, municipal officials estimate.
A CBC News investigation earlier this year found these buildings are at greater risk of catching fire.
Louis Stamatopoulos works at a restaurant across the street from a former funeral home on Crémazie Boulevard in Ahuntsic-Cartierville. The building has been vacant for years.
"A lot of homeless people go inside there and sleep," said Stamatopoulos.
In the past year, firefighters have responded to two fires: one in March and a second larger fire in October. Police believe squatters set a fire to keep warm, which grew out of control.
A drone shows a good part of the roof is destroyed and the building will probably need to be demolished.
The Montreal fire department keeps an up-to-date list of vacant and dangerous buildings. Boroughs are required to share information with the fire department so potential weaknesses, such as a collapsed roof or missing staircase, can be flagged. The vacant building registry would complement that.
"We know where the majority of those buildings are, now we just need to ensure the bylaw is respected and the owners will do what is required," said Chris Ross, president of the Montreal Firefighters Association.
When the city passed the bylaw last year, Ross said it was a positive step — if there was enforcement. He's disappointed, but not surprised the city's registry is not yet functional.
"I don't think the City of Montreal always has the agility to move fast," said Ross.
He also thinks certain elements of the bylaw — such as maintaining a minimum interior temperature — may be difficult to enforce. Most of the vacant buildings he saw as a firefighter had no electricity.
"You're going to force every single owner to reconnect the building to Hydro-Québec? It has holes in the roof because it burned before, it's got no windows and you're going to maintain a minimum temperature? How? There's nothing left," said Ross.
City should be even tougher: Heritage advocate
Although Heritage Montreal has been pushing for stricter rules for years, the non-profit is worried the steeper fines may result in buildings being set on fire intentionally, said Taïka Baillargeon, the group's assistant policy director.
"We've seen that in the '80s and now we see it's going a bit crazy with the fires and the gangs," said Baillargeon.
Despite her concerns, she said the city has no other option but to enforce the bylaw. But she too is worried there aren't enough inspectors to keep up.
However, she thinks the bylaw and coming registry may still have an impact. She has spoken to some property owners who are getting ready to submit development plans or permits for their vacant buildings.
She wants the city to go further and introduce a vacant housing tax, which is done in many cities in the United States and Europe. And she suggested the city could tax demolition.
In an age of climate change, "we cannot build new," she said.
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