Hamilton is poised to start licensing Airbnb-style, short-stay rentals by June — and banning them altogether outside of the primary residence of a homeowner or renter.
The new rules — under discussion since 2017 and similar to a new bylaw in Toronto — are meant to return desperately needed long-term rental apartments to the Hamilton market and deal with short-term rental complaints about safety, noise and even so-called “party hotels.”
If ratified by council next week, the bylaw will introduce new licensing, registration and inspections requirements — as well as fees — and limit would-be operators from legally offering short-stay rentals from homes they do not live in.
But councillors at that meeting listened to the pleas of a dozen or more homeowners who showed up Tuesday to ask the city to allow short-stay rentals in basement apartments or other separate units within their homes.
Committee members also voted to scrap a proposed annual “cap” on the number of days you can rent out your home for short stays. Council must still ratify the decision next week.
Norah McIntyre told councillors she sees both sides of the debate.
The beach strip homeowner said she supports the city’s plan to crack down on “out-of-town investors” whom she has watched “scoop up” entire homes in her neighbourhood for use as short-stay hotels — without living on the property.
At the same time, the retiree said the city’s original bylaw proposal would have “punished” her for trying to supplement her pension by periodically renting out a small, separate suite in her home via Airbnb. “We rely on this additional income,” she said.
Bob Tyrell told The Spectator he uses Airbnb to rent out the basement in his west Hamilton home to help cover the ever-rising cost of living on a fixed income — “and because it’s fun to meet new people.” But the 84-year-old said he can’t handle the hassle of being a full-time landlord and appreciates the “security” of a third party, Airbnb, vetting prospective short-stay tenants.
The two homeowners were among around 40 people who either submitted letters, spoke in person or virtually to the committee Tuesday.
Adam Wayland, of the newly formed Ontario Short-term Rental Hosts Association, panned the proposed bylaw as “overreaching regulations” and appealed to the city to focus licensing on enforcement of safety and nuisance rules.
“We want licensing and fire inspections … we want safe spaces,” he said. But Wayland urged the city to “penalize the people (who) need to be penalized” rather than preventing hosts from operating in Hamilton.
Councillors ultimately endorsed a “compromise” motion from Coun. John-Paul Danko to allow short-stay rentals in a homeowner’s accessory unit, as long as it is on the property of that person’s “principal residence.” They also scrapped a proposed 120-day limit on rentals in a year — although the debate could be resurrected at council.
If council signs off on the bylaw, would-be operators would have until June to obtain a licence. Not doing so will eventually result in fines — but those have yet to be set.