Hamilton Renovation Licence and Relocation By-law: What Landlords Must Do When an N13 Is Served

The City's fee schedule should be checked before filing, since licence fees are often adjusted from year to year and the sources reviewed are from the by-law's first months.

4. Accommodation or compensation during the work

The landlord's attestation to the City offers two options: temporary alternate accommodation that is comparable to the tenant's current unit during the renovation, or compensation in a stated amount for each payment period. The by-law sections that govern these arrangements are cited on the form as section 25, with sections 28 and 29 covering exemptions.

[Cite: City of Hamilton, Renovation Licence Attestation form, By-law No. 24-055]

Several secondary sources describe the compensation as a rent-gap payment based on the difference between the tenant's current rent and average market rent for similar units in Hamilton, and one adds that the City's tenant relocation guideline was revised to use higher market-rent rates. The formula is not stated on the attestation form, so treat the rent-gap method as reported and confirm the numbers with the City.

[Cite: Canadian Real Estate Magazine; ACORN Canada, "Hamilton approves improved tenant relocation and assistance guideline"]

5. The tenant's right to return

The by-law requires the landlord to arrange for the tenant's return at a rent no more than what could lawfully have been charged if there had been no interruption to the tenancy. The attestation form also points to section 53 of the Residential Tenancies Act, which gives the tenant a right of first refusal when the unit is completed.

[Cite: City of Hamilton, Renovation Licence Attestation form; Residential Tenancies Act, 2006, s. 53]

One practical consequence is that the renovation cannot be used to reset the rent for a returning tenant. That is the point of the by-law.

6. The 120-day arrangement window and the exemption route

Two secondary sources describe a tenant response window of 120 days from receiving the N13, and an exemption route for a landlord who cannot reach an agreement within that period. The exemption request goes to the City's Director of Licensing and By-law Services and has to include evidence of the efforts made to reach an agreement.

[Cite: Canadian Real Estate Magazine; The TanTeam Real Estate Group]

The attestation form confirms the exemption mechanism by referring to cases where temporary accommodation could not be arranged. The 120-day figure itself is not on the form.

7. Points where the sources disagree

Fine amounts are reported in three different ways: $500 to $10,000 for individuals and $500 to $50,000 for corporations; $10,000 to $25,000 for individuals and $50,000 to $100,000 for corporations; and administrative penalties starting at $400 for operating without a licence. The sources also disagree on whether the by-law applies to all rental units or to buildings with six or more units. The City page could not be read in full during research.

[Cite: Hamilton Independent; OpenRoom; The TanTeam Real Estate Group; Canadian Real Estate Magazine]

A landlord should treat none of those fine amounts or the building threshold as settled until the by-law text or the City licensing office confirms them.

8. What property managers should do now

Prepare the building permit, the professional report and the $715 fee before serving an N13, so the 7-day filing is a matter of submitting what is already assembled. Draft the tenant package at the same time: the comparable accommodation or compensation offer and a written confirmation of the return rent.

Keep a dated record of every offer made to the tenant. If the arrangement cannot be agreed and an exemption is needed, that record is the evidence the City asks for.