Landlords lose court appeal against Windsor's pilot program to licence rental units

A group of landlords have lost their appeal in a court battle against a City of Windsor Residential Rental Licensing (RRL) pilot project that requires units in certain parts of the city to pass inspections. 

On Monday, the Court of Appeal for Ontario dismissed the group's appeal of Justice Kelly Gorman's ruling that upheld the RRL program last March.

Ward 2 city Coun. Fabio Costante said he's delighted by the court's decision and wants to see the landlords pay the city's court costs. 

"At the core of this is tenant safety and ensuring that the units that are erected in our community are up to building code and fire code," said Costante. 

Under the rental licencing program, a landlord with four or fewer units must apply for a license for each unit if they operate in Wards 1 and Ward 2.

Each licence initially costs $466 and must be renewed each year.

It also requires landlords to provide criminal record checks and electrical inspections, which are not covered by the licence cost.  

The RRL has been voluntary while the court process unfolds. People can learn more through the city's website.

Council expected to review program this month

These inspections have uncovered "pretty horrible" conditions, according to the city's building department with about 35 per cent of units failing the initial inspection. 

"It's leaky roofs with damaged plastered ceilings that continue to leak, it's washrooms that are just, you know, you wouldn't want to use," said Windsor's deputy building official Rob Vani, in September. 

"These would be issues that most people would not want to live in. They're not sanitary conditions or safe conditions."

City administration expects to have a report before council this month to present findings related to the year long pilot project. 

The landlord group that fought the program in court argued that the program is illegal, discriminatory and created in bad faith.

Landlords warn costs will be passed on to renters

Borys Sozanksi, a spokesperson for the group of landlords fighting the program, previously told CBC News in September that this program will be expensive and those costs will be passed on to people renting out the units.

"At some point these properties become not profitable," Sozanski said.

"We need more housing. We need it desperately and this is not the way to do it."