FE Magazine - Special Edition 2023

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HIRING, FIRING, AND REMOVING ON-SITE “SUPERINTENDENTS” AT YOUR MULTI-RES BUILDING

SPECIAL EDITION 2023
THE VOICE OF THE FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO 2022 FRPO MAC AWARDS RECAP OFFICIAL FEDERAL PANEL TO CONSIDER FINANCIALIZATION IN RENTAL HOUSING
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1 THE VOICE OF THE FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO CONTENTS IN THIS ISSUE A PUBLICATION OF: 20 Upjohn Road, Suite 105 Toronto, ON M3B 2V9 | Tel: 416-385-1100 www.frpo.org SUBSCRIPTIONS & ADDRESS CHANGES Lynzi Michal x22 lmichal@frpo.org THE VOICE OF THE FEDERATION OF RENTALHOUSING PROVIDERS OF ONTARIO Opinions expressed in articles are those of the authors and do not necessarily reflect the views and opinions of the FRPO Board or Management. FRPO and MPH Graphics accept no liability for information contained herein. All rights reserved. Contents may not be reproduced without written permission from the publisher. FRPO IS A MEMBER OF: Publisher Nishant Rai nishant@rentalhousingbusiness.ca Published by Office Manager Geeta Lokhram accounts@rentalhousingbusiness.ca Creative Director / Designer Noah Goldentuler Account Executive Justin Kreslin justink@rentalhousingbusiness.ca Editor David Gargaro david@rentalhousingbusiness.ca 6 Government Relations Update 28 Official Federal Panel to Consider Financialization in Rental Housing 9 2022 FRPO MAC Awards Recap 30 Let’s Build Ontario Campaign Update 24 Working Hard to Create Canada’s Electric Future in the “Massive in Between” 32 Hiring, Firing, and Removing On-Site “Superintendents” at your Multi-Res Building 26 A New Era for Starlight Investments SPECIAL EDITION 2023

President's Message

As we begin a new year, I reflect on where we were a year ago: still in lockdown and kids at home doing online learning. Fortunately, we gradually began to reopen our economy and resume in-person activities. While COVID-19 may always be with us, we have returned to some sense of normalcy. At FRPO, we hosted our annual golf classic in support of Interval House in July complete with dinner and gathered at the Metro Toronto Convention Centre to showcase the best in our industry at the MAC Awards with a sold-out crowd in December. After all we have endured over the past three years, I am optimistic that we will have a great 2023!

The focus of the Ford government continues to be on the need for more housing supply, including more purpose-built rental housing. Bill 23: More Homes Built Faster Act passed last December contains several measures that support the rental housing industry by reducing government fees and charges, streamlining the approvals process, and cutting red tape. FRPO will continue to work with the Ministry of Municipal Affairs & Housing on the development of regulations that will support this bill, and on additional housing legislation expected in the spring with an emphasis on urgently needed RTA reform.

Your association is hard at work preparing an exciting calendar of events and educational webinars that will kick off with the return of our CHMC Rental Market Breakfast as an in-person event. I look forward to engaging with as many members as I can, so be sure to visit www.frpo.org for details on all of our events and where to sign up. And for those who haven’t heard, our Certified Rental Building Program was rebranded as the Canadian Certified Rental Building Program last year to support rental housing providers and residents across Canada. To find out more about our quality assurance program, please visit www.crbprogram.org

We know 2023 will present some economic challenges caused by high inflation and a sharp rise in interest rates. I continue to be amazed by the resilience of our industry and the ability to go above and beyond for your residents in spite of enormous adversity. I often remind people this is not our response to a crisis; this is just who we are. FRPO will continue to ensure your voice is heard with government, media, and the public as we ferociously educate and advocate for policies that support a vibrant rental housing industry.

Finally, I would like to thank you for your support. We are here to serve our members, so don’t hesitate to reach out with ideas, provide feedback or just to say hello!

2 FAIR EXCHANGE | SPECIAL EDITION 2023

CMHC RENTAL MARKET SURVEY BREAKFAST

Date and Time: February 22, 2022

8:00 am - 10:30 am

Join us on February 22 as CMHC shares its key findings from its October 2022 Rental Market Survey for the Greater Toronto Area. Trends in other major Ontario centres will also be discussed. The presentation will conclude with an outlook of where rental markets are headed in 2023 and beyond. This event will take place in-person at Parkview Manor and is open to FRPO and GTAA members.

Registration includes full breakfast.

Location: Parkview Manor, 55 Barber Greene Road, North York

Cost: $80 per person plus HST

PM SPRINGFEST

Date and Time: April 20, 2023

9:00 am - 2:30 pm

EXCLUSIVELY FOR PROPERTY MANAGEMENT PROFESSIONALS

Equip yourself with new information and technologies to better position and optimize your buildings as well as expand your professional network. PM Springfest brings together property management professionals to connect with leading suppliers, explore new innovations, and learn from industry experts about the latest regulatory, health, and life safety changes; efficient energy management strategies; retrofitting aging buildings; essential capital planning details; and much more.

Please check www.frpo.org regularly for newly added events.

CFAA-RHC 2023

Date and Time: June 14-16, 2023

8:00 am - 4:00 pm

Registration is now open for CFAA-RHC 2023 in Halifax, June 14 to 16 at The Westin Nova Scotian. Our best ever early bird rate is available until February 28. Don't miss out! Find out more details here.

4 FAIR EXCHANGE | SPECIAL EDITION 2023 EVENTS
Your Property Management Pest Control Experts 416-532-PEST / 1-833-562-7378 pestcontrolplus.ca BED BUG SPECIALISTS HEAT TREATMENT FOR BED BUGS ROACH, MICE AND BIRD CONTROL FLY MANAGEMENT SOLUTIONS COMMERCIAL ODOR CONTROL WASHROOM CARE Get rid of unwanted tenants.

GOVERNMENT RELATIONS UPDATE

As 2023 gets into full swing, FRPO has resumed engagement with various government ministries and officials to collaborate and support the Ford government as it continues to make progress on building 1.5 million homes over the next decade. In late November, Bill 23, More Homes Built Faster Act passed third reading and received Royal Assent. This legislation takes aim at government fees and charges by providing discounts from development charges for purpose-built rental housing, and makes a number of policy changes to streamline approvals and cut red tape. These are welcome changes that provide much needed relief to purpose-built proformas and will help to get shovels in the ground.

FRPO returned to Queen’s Park for our first in-person advocacy day since 2019. Activities included a lunch reception with MPPs and staff, attending Question Period and in-person meetings with Minister of Municipal Affairs & Housing Steve Clark, Associate Minister of Housing Michael Parsa, and Attorney General Doug Downey. FRPO members shared their concerns and offered suggestions to improve the operating climate for rental housing providers.

Before the end of the last legislative session, the NDP also introduced two Bills that FRPO opposes: Bill 47, which would amend the RTA and Condominium Act to require rental housing providers to supply emergency generators that would be AGI ineligible; and Bill 48, which would expand rent control to all units. These are opposition Bills that are not expected to progress past the Bill introduction stage.

In November, Attorney General Downey announced $1.4 million for the LTB to hire 35 additional operational staff to enhance scheduling, issue decisions and orders faster, and help tackle the high number of cases. FRPO welcomed this announcement, but structural changes are also needed to ensure timely access to justice for rental housing providers and residents. In December, FRPO engaged Attorney General Downey, Ministers Clark and Parsa, and the Premier’s office on this urgent issue, and we are hopeful that the government will tackle this in the next Housing Bill expected in the spring.

Prior to the provincial election last June, we heard from a few members that the Condominium Management Regulatory Authority of Ontario had contacted them regarding purpose-built rental buildings that are condominium titled to inform them that these buildings must be licensed under their authority and are subject to regulations under the Condominium Act and Condominium Management Services Act. FRPO has engaged with officials from the Ministry of Public & Business Service Delivery with proposed amendments that would exempt properties registered as condominiums but operating entirely as rentals. The government has been receptive to our position and we are advocating for inclusion in an upcoming red tape Bill.

We also plan to initiate a number of studies and reports to support our advocacy efforts, including an updated economic impact study of our industry in Ontario, as well as other studies that explore the economic challenges that are unique to building purpose-built rental housing and potential solutions. Government relations continues to be at the forefront of what we do to advocate for a strong rental housing industry with policymakers at Queen’s Park.

6 FAIR EXCHANGE | SPECIAL EDITION 2023

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Primary Event Sponsors

Audio Visual Sponsors

9 THE VOICE OF THE FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO

CONGRATULATIONS TO THE WINNERS OF THE 2022 MAC AWARDS

The 2022 MAC Awards Gala took place on Thursday, December 1 at the Metro Toronto Convention Centre. The Marketing, Achievement, and Construction awards have recognized excellence, innovation, and leadership in Ontario’s vibrant rental housing sector for over 22 years. These distinguished awards showcase the industry’s hard work and our members’ commitment to high quality rental accommodations.

Each year we see new applicants, new projects and, an industry that continues to raise the bar. We were thrilled to see our submissions grow by 25% this year and look forward to what 2023 will bring! We appreciate all of the hard work that goes into putting your submissions together and feel so fortunate that our members continue to share their good news stories and accomplishments they have made throughout the year.

Our President and CEO, Tony Irwin, was pleased to lead this year’s ceremony, which also included well wishes for the holidays from Ontario Premier Doug Ford. Allan Drewlo, Chair of the Board, also provided a message recognizing the strong support of FRPO’s annual corporate partners.

On behalf of the FRPO Board and staff, we wish to congratulate the 2022 winners and nalists on their achievements and professionalism. Thank you to our generous sponsors for their unwavering support of FRPO and rental housing in Ontario. For more information, please visit, frpomacawards.com.

Proudly Sponsored by:

Keynote Speaker: Scott McGillivray Lifetime Achievement Award PAUL CHISHOLM Berkley Property Management

Social Media Award of Excellence

This award recognizes a property management company that has demonstrated excellence through use of social media to create a genuine connection with their residents, prospects, and employees.

WINNER

FINALISTS

Greenwin

Best Advertising Campaign

This award celebrates a rental housing provider that has demonstrated clarity, innovation, and excellence in a single advertising or marketing campaign.

WINNER

Steps Away. Literally.

FINALISTS

Skyline Living - Home is where…

Rhapsody Property Management Services - Liberty House Pre-Lease Campaign: Experience Something Different

Corp. and Canadian Apartment Properties REIT The Parker
It’s Time to Celebrate!

Best Property Management Website

This award celebrates a rental housing provider that has demonstrated excellence in creativity, design, content structure, ease of navigation, accessibility, and overall utilization of the medium.

WINNER

www.theparkerlife.ca

FINALISTS

Rhapsody Property Management Services and Riocan Living: livingatrhythm.com

Ferguslea Properties: accoravillage.com

Best Suite Renovation Under $25,000

This award recognizes a rental housing provider that has achieved excellence in renovating the interior of an existing rental unit. All projects in this category took place between October 1, 2020 and September 1, 2022.

WINNER

262 Jarvis Street, Toronto

Contractor: ModernPro Contracting

FINALISTS

Oxford Properties Group – Forest Lane 300 Antibes Drive, Toronto

Canadian Apartment Properties REIT – Wellesley Apartments 100 Wellesley Street, Toronto

Contractor: MultiTech Contracting 2000 Inc.

Best Suite Renovation Over $25,000

This award recognizes a company that has achieved excellence in renovating the interior of an existing rental unit. All projects in this category took place between October 1, 2020 and September 1, 2022.

WINNER

Tower Hill East — 330 Spadina Avenue, Toronto

Contractor: MultiTech Contracting 2000

FINALISTS

Minto Apartments – the ROE: 150 Roehampton Avenue, Toronto

Preston Living – 2 Secord Avenue, Toronto – Contractor: The Byng Group

Best Lobby Renovation of the Year

This award recognizes a company that has achieved excellence in renovating the interior of an existing lobby and/or common area corridors. Entries are judged on their overall interior appeal, efcient use of space and improved functionality.

WINNER

The Torontonian 45 Duneld Ave, Toronto

FINALISTS

Boardwalk REIT – Landmark Towers: 106 & 112 Baseline Road West, London

Hazelview Properties – West Lodge: 103 & 105 West Lodge Avenue, Toronto

Congratulations 2022 Winners & Finalists

Best Curb Appeal

This category recognizes a rental housing provider that has demonstrated excellence in enhancing the curb appeal of their property. Judges have taken into consideration the overall curb appeal, relevancy to residents and the surrounding neighbourhood.

WINNER

West Lodge 103 & 105 West Lodge Avenue, Toronto

FINALISTS

Morguard – Fifty on the Park: 50 Portland Street, Toronto

Fitzrovia – The Waverley: 484 Spadina Avenue, Toronto

Best Amenities — Renovated or Existing

This category recognizes a rental housing provider that has demonstrated excellence in providing, creating or improving common areas and amenity spaces for their residents.

WINNER

Knightsbridge Kings Cross Apartments

3 Knightsbridge Road, Brampton

FINALISTS

Boardwalk REIT – King’s Tower: 812 King Street West, Kitchener

Morguard – Fifty on the Park: 50 Portland Street, Toronto

Best Amenities — New Development

This award is a newly created category and recognizes a rental housing provider that has demonstrated excellence in providing exceptional amenity spaces and common areas to their residents in a new development.

WINNER

Novus 11 and 25 Ordnance Street, Toronto

FINALISTS

Killam Apartment REIT and RioCan Living – Latitude: 200 Frontier Private Path, Gloucester Rhapsody Property Management Services – Liberty House: 15 Solidarity Way, Toronto

Rental Development of the Year — Over 200 Units

This award recognizes a housing provider that has achieved excellence in the development of a new rental housing project over 200 units. Projects must have been completed between November 2019 and September 2021.

WINNER

Story of Brampton Central™ 205 Queen St. East, Brampton

FINALISTS

BentallGreenOak – Novus: 11 and 25 Ordnance Street Fitzrovia – The Parker: 200 Redpath Avenue, Toronto

Ofcial
Media Partner Speaker Sponsor Registration Sponsor

Rental Development of the Year — 200 Units or Less

This award recognizes a housing provider that has achieved excellence in the development of a new rental housing project of 200 or less units. Projects must have been completed between Nov. 2020 and Sept. 2022.

WINNER

The Huron 2475 Hurontario Street, Mississauga

FINALISTS

Killam Apartment REIT – The Kay: 3610 Dixie Road, Mississauga

Rhapsody Property Management Services, RioCan Living and Allied – Strada: 555 College Street, Toronto

Environmental Excellence

This award recognizes a rental housing provider that has demonstrated excellence in environmental stewardship, sustainability, and a commitment to greener rental communities.

WINNER

FINALISTS

Minto Apartments and Skyline Group of Companies

Video Sponsor Photography Sponsors Wine Sponsor & Water Sponsor

Property Manager of the Year

This award recognizes a property manager that has demonstrated excellence and professionalism in managing their portfolio, staff, capital projects, and budgets, while also ensuring a high level of customer service and resident satisfaction.

WINNER

FINALISTS

Leasing Manager of the Year

This award recognizes an employee that has done an outstanding job in leasing, tenant screening, and revenue management over the past year. Entries are judged on closing ratio, volume of tenants screened, tenant turnover, vacancy rates and overall professionalism.

WINNER

FINALISTS

Malu Velasco - Oxford Properties Group and Margaret Stasiak - MetCap Living Michelle Twiss Brendan Gonty - Tricon Residential and Daniel Smith - Hazelview Properties Scott McCabe Dinner Sponsors

Resident Manager of the Year

This award recognizes an employee or team that has demonstrated excellence and professionalism in on-site management while building positive relationships with residents, as well as providing a clean and safe environment for their community to call home.

WINNER

FINALISTS

Customer Service Award of Excellence

This award recognizes a rental housing provider that has delivered outstanding customer service to its residents. Organizations are judged on their commitment to high standards of resident care in their teams as well as a willingness to go above and beyond the status quo.

WINNER

FINALISTS

Dinner Sponsors

Nickesha Williams - MetCap Living and Carver Sullivan - Sifton Properties Andrew Scheib Tricon Residential and Skyline Living

Community Service Award of Excellence — Supplier Member

This category recognizes a supplier member organization that has gone above and beyond to give back to its communities. Entries are judged on volunteer activities, charitable donations, service projects or events and the positive impact that their efforts have made.

WINNER

FINALISTS

Rogers Communications and Yardi Canada Ltd.

Community Service Award of Excellence — Rental Housing Providers

This category highlights a property management organization that has gone above and beyond to give back to its communities. Entries are judged on volunteer activities, charitable donations, service projects or events, and the positive impact that their efforts have made.

WINNER

FINALISTS

Skyline Group of Companies and Hazelview Properties Centerpiece Sponsor Chocolate Sponsor Coat Check Sponsor

Company Culture Award of Excellence

This award recognizes a FRPO member company that shows an extraordinary commitment to company culture. This includes a demonstrated focus on company vision, work environment, recruitment and training programs, diversity and inclusion, rewards, recognition, and high levels of engagement and satisfaction.

WINNER

FINALISTS

BlueStone Properties Inc. and Skyline Group of Companies

Impact Award

This award recognizes a rental housing provider that has achieved extraordinary social outcomes related to one project or initiative in Ontario. Nominees must demonstrate the positive impact of their efforts. Projects may include affordable housing, community initiatives, nancial relief, advocacy or other service projects.

WINNER

Laptops for Learning

FINALISTS

Medallion Corporation - Making St. James Town Better For All BentallGreenOak - Equity, Diversity and Inclusion Initiative

Cocktail Sponsors

Midnorthern Appliance

Park Property Management Inc,

Sparkle Solutions

Craneld General Contracting Forest Paving Greenwin Horlick Levitt Di Lella LLP McIntosh Perry Sherwin Williams
WSP

LIFETIME ACHIEVEMENT AWARD PAUL CHISHOLM

FRPO honoured Paul Chisholm from Berkley Property Management as this year's Lifetime Achievement Award recipient. It was an honour to hear him speak.

“When Tony called me a month and a half ago to tell me I was being given this award, I was surprised and very honoured, given that my peers had chosen me over others that may be more rightly entitled,” said Paul. “I want to thank all of those who voted for me, and I'm very humbled when I think of all the previous award winners in this category.”

Paul was born on a farm in Nova Scotia to a large family of ten. His family moved to Toronto when he was five years old. His father believed in the value of a good education, and made his children work hard during their summer months to pay for it. Paul graduated from the University of Toronto and received an MBA from Schulich. He later went on to receive his CA in what is now known as KPMG.

After four years, Paul decided he did not want to be an auditor. KPMG offered him the opportunity to join Rogers Cable as their CFO. After passing on this opportunity, Mark and Moe Blumes offered him the role of CFO for Mark’s Work Wearhouse. Paul was starting a family, and the position required a move to Calgary, so he declined this opportunity as well. Paul’s mentor, Allen Every, invited him to join Highmark Properties, which had 600 suites under management at that time. Paul helped to quickly grow the property management company to 25,000 units, which included the purchase of 6,000 apartment units from the Cadillac Fairview Lenny Rosenberg portfolio.

“Unfortunately, and shortly thereafter, the NDP came into power and passed legislation that retroactively changed the rent review legislation disallowing AGIs based on capex and financial loss,” said Paul. “This period was one where a lot of landlords lost their buildings and it was a dark time for our industry.”

When his partner Allen passed away, Paul started another company called High Star Management. After passing on the opportunity to sell his business to Dundee Realty in exchange for shares, Paul merged with Greewin and became the company’s CFO. He helped to build the company’s portfolio to 55,000 units under management. After several years, Paul left Greenwin to start Berkeley Property Management, which currently manages about 10,000 units, primarily apartment rentals. The company is currently celebrating its 20th anniversary in business.

“I've never regretted the choices that I've made,” said Paul. “I've been very lucky to be part of this industry for over 40 years, 22 of them serving as the Secretary Treasurer of FRPO. It has provided my family and I a very good life. I want to thank my wonderful wife and children for putting up with me all these years with the late nights and missed appointments.”

Paul counts four major milestones in his life:

• His marriage to his wife of 47 years

• The birth of his children

• The year he achieved both his MBA and CA

• The moment he heard that he won this award

Paul reminisced about how the industry has changed significantly since he started. He talked about the passing of the greedy landlord and how most landlords are concerned about the residents and the maintenance of their buildings. This was proven during COVID-19 when allowances were made to help residents with their financial problems. Paul believed that rental property owners and industry members should be more vocal in the press about what they have done for residents. He also lauded the fact that various levels of government are finally recognizing the industry needs help to keep up with the demand for housing and how much more must be done to keep up the supply.

“I've always told my children that if you wake up dreading the thought of going to work, you're probably in the wrong job,” said Paul. “If you wake up in the morning and you look forward to the day ahead, you'll do well no matter what your profession.”

22 FAIR EXCHANGE | SPECIAL EDITION 2023
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WORKING HARD TO CREATE CANADA’S ELECTRIC FUTURE IN THE “MASSIVE IN BETWEEN”

Everything important happens in the “massive in between” – especially in our industry.

I keep thinking about those words from Income Property host Scott McGillivray during his MAC Awards speech in December. He may have been speaking about the “magic” that goes into making a TV renovation show, but those same sentiments hold a lot of truth about the “magic” that goes into advances in our industry, too.

Nothing good happens overnight.

“It’s our job to make sure people understand that it doesn’t happen instantly,” Scott said. “A before and an after has a massive in between, and that the work really has to happen, right. It doesn't happen by accident. And the persistence is what gets us there.”

EVSTART was a proud sponsor of Scott’s keynote, and we are well aware of the persistence required to create change, whether you’re renovating a beach house for thousands of viewers or building cities for millions of Canadians.

At EVSTART, we start every day proud to be part of an industry delivering solutions. We embrace our role in helping to make Canada a global leader in sustainability – a self-driven commitment within our industry to creating greener living experiences for residents and a better world for Canadians.

On our recent nationwide tour, our team stopped at more than 40 multi-residential buildings across the country, educating residents about Canada’s zero-emission targets and electric vehicle (EV) technology, and offering them an exciting EV ride experience. We heard from residents at every stop expressing a desire for their building to provide an easy EV charging solution so they could make more sustainable choices in their vehicle purchasing habits, while also living with convenience.

Every day, we partner with owners, developers, and managers to make this happen.

The EV wave is coming – and we know this industry will be leading the way. We know that 80% of EV charging takes place at home. As our metro areas grow and increase in density, that will provide countless opportunities for our industry to be part of an electric future. I am proud to say we not only understand the challenge, but we are also leading the way toward a solution of helping build out Canada’s charging infrastructure.

In other words, we’re working hard in the “massive in between.”

Scott’s keynote was an entertaining journey through a popular TV show, but it was also a poignant and inspiring call to action for our industry’s future.

“For me, real estate is a long-term opportunity. It’s about having the right team, being connected with the right people, and then consistently growing your business as an entrepreneur, no matter what the news is saying, no matter what the media is saying, not getting caught up with the Y2Ks of the future, but understanding what opportunities actually exist at a time like this. And I think that this is one of the most opportunistic times in this business, and I'm excited for what's to come, and I hope you are as well.”

We join you in your excitement, Scott.

24 FAIR EXCHANGE | SPECIAL EDITION 2023

SPONSOR UPDATES

Looking ahead in 2023, we anticipate a very busy year as we continue to provide state-of-the-art amenities for our multi-res clients! Whether it is laundry card or mobile app vended Huebsch, Maytag or LG laundry equipment, Luxer One parcel lockers or unique virtual tenant parking management solutions, we are ready to serve our clients with the desired amenities your residents are asking for.

We have expanded the hours of our live voice, multilingual call centre to seven days per week, supported by a 24/7 online service request portal providing a full range of support for residents and building managers alike. We are looking forward to launching a new client portal with tiered account access for owners, managers, and onsite staff, providing information and tools that are important for each role. Whether it is revenue, commission, billing or service issues, the portal provides a complete window into laundry room performance with full transparency.

We continue to focus on ESG and corporate responsibility and sustainability. In addition to being environmentally responsible on many levels, we continue to have a strong focus on our employees, as well as the communities they reside in, ensuring a happy, healthy, productive, and sustainable workforce.

As a proud supporter of Childhood Cancer Canada, fundraising continues to be a priority for both Coinamatic and our associates, with many activities planned for 2023. In addition to valuable fundraising for such a wonderful organization, Coinamatic associates thoroughly enjoy these team-building events.

Our entire team is looking forward to an exciting year, continuing to bring innovative solutions and to serve our valued clients while we once again support FRPO.

Wyse marks 250,000 suites under contract

Recently, Wyse Meter Solutions joined the ”quarter million club” when it connected its 250,000th suite in Canada. It’s a milestone that honours the dedication of thousands of colleagues, clients, partners, residents, and communities who have come to trust and depend on Wyse.

“To all, we say, ‘Thank you’ for getting us to where we are, and for being the inspiration for where we are going,” said Peter Mills, CEO, Wyse. “Each meter added is a step closer to a net zero Canada. We’re excited to continue onward and upward toward 500,000 suites.”

Backed by ONCAP, Wyse has 3,500 buildings under contract currently, including 250,000 suites and more than 360,000 meter points. As Wyse has grown, the company has diversified its offerings to include high-quality products and services to achieve its clients' ESG goals, including EV charging, data analytics, water leak detection, and HVAC optimization services.

“Utilities play a central role in determining a building’s environmental footprint, which is why sustainability has always been the focus of every innovation and every solution at Wyse,” Mills said. “We’re thrilled to see our clients aiming for net zero carbon emissions in the coming years. It’s a bold commitment, and we’re ready to help them get there.”

Working within new construction, retrofit, rental, condo, and commercial buildings, Wyse helped its clients save more than 5.4 billion grams of greenhouse gas (GHG) emissions in 2022. The company has a target to save 7.5 billion grams of GHG emissions annually by 2025.

25 THE VOICE OF THE FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO

A NEW ERA FOR STARLIGHT INVESTMENTS

Starlight Investments is one of the leading developers, owners, and operators of commercial and residential real estate in Canada, focusing primarily on rental communities. Over the past decade, it has built an impressive portfolio of more than 73,000 residential suites across Canada and the U.S. As it continues to grow, the company had decided to refresh its image with an evolved logo that maintains the core elements of its brand but presents a more simplified and inclusive visual to represent the company.

“Starlight Investments’ new brand reflects and elevates our commitment to leadership in developing sustainable, vibrant communities,” stated Glen Hirsh, Starlight Chief Operating Officer. “Starlight is committed to investing with impact to build a better future for our communities, and as we turn the page on our first decade, we look forward to working together with our partners and stakeholders to continue to drive positive change.”

The company’s new strategic direction brings its progressive values to the forefront. A greater emphasis is being placed on Environmental, Social, and Governance (ESG) as well as Inclusion, Diversity, Equity, and Access (IDEA) practices and principles. These permeate and guide the company’s many relationships with its partners, residents, communities, and employees. Starlight recognizes its role as an environmental steward and a leader in the practice of good governance and is highlighting these ideals as part of its refreshed vision and mission statement.

In 2022, Starlight’s Canadian Residential team was ranked first in the Residential Non-listed peer group by the Global Real Estate Sustainability Benchmark (GRESB), a testament to the company’s dedicated ESG efforts to date. The company also won the 2022 Environmental Excellence Award at the annual MAC Awards, hosted by the Federation of Rental-Housing Providers of Ontario (FRPO). To complement the reinvigorated branding, Starlight has evolved its core values to include Impact, Inclusivity, Ingenuity, and Integrity, which guide the actions of employees and serve as a cultural cornerstone for the organization.

Along with the new company branding, Starlight has launched a revamped website, enhancing its digital presence to better reflect its refreshed identity. The cleaner, simplified, more comprehensive website has a more user-friendly, engaging, and accessible design for all users, and delves into how the company is implementing ESG and IDEA principles throughout its practice, properties, and partnerships. In addition to a greater emphasis on its vision for the future, the website also provides a more detailed look at its extensive portfolio and offers a glimpse at many of its upcoming development projects.

“As we enter our second decade, this is an opportune time to update our brand positioning to ensure it reflects our growth to date and is aligned with ever-changing community, investor, and employee interests,” said Talia Schwebel, Starlight Director of Marketing. “The new logo emphasizes adaptability and is positioned to best show off all aspects of the Starlight brand, while the new brand colours are diverse yet interconnected.”

In a time when the rental housing industry in Canada is experiencing mass changes, Starlight is positioning itself as an organization that is focused on investing with impact. The new brand identity reflects Starlight’s commitment to supporting community initiatives, growth opportunities, volunteerism, and additional efforts to ensure its communities are vibrant and fulfilling places to live. The company’s efforts to create multi-purpose, inclusive, and complete communities is indicative of its dedication to serving communities and investors alike.

26 FAIR EXCHANGE | SPECIAL EDITION 2023

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OFFICIAL FEDERAL PANEL TO CONSIDER FINANCIALIZATION IN RENTAL HOUSING

Across Canada, the most worrisome political issue currently facing rental housing providers is the claim by tenant advocates that the “financialization” of rental housing is interfering with tenants’ “right to housing.” “Financialization” basically means the profit motive. As it is playing out, the attack on financialization is intertwined with the criticism of vacancy decontrol.

Some tenant advocates want to drive the profit motive out of rental housing. In that goal, they have been backed by the Federal Housing Advocate, who was recently appointed to amplify the voices of vulnerable renters. The Advocate has repackaged ACORN’s surveys of very limited, biased samples of very unhappy tenants. She has also adopted ACORN’s recommendations for driving the profit motive out of housing. For details, see https://www.housingchrc.ca/en, found under the Resources tab of the website of the Canadian Human Rights Commission.

The tenant advocates argue that the profit motive results in constant pressure to raise rents and to displace tenants to achieve higher rents. The advocates ignore the facts that tenants have significant rights under provincial law, and that rising rents draw out more rental supply and help to manage excess rental demand.

The tenant advocates also ignore the many other benefits of the market system, and the enormous expense that would be required to replace private rental housing with community or non-profit housing, even by acquiring existing rental housing.

The National Housing Council

Under the National Housing Strategy Act, the National Housing Council (NHC) was created to advise the federal Housing Minister about the National Housing Strategy and the realization of the right to housing. The NHC is supported by CMHC, but the NHC does not speak for CMHC or the government of Canada.

In accordance with its mandate, the NHC is holding a consultation about the right to housing. CFAA is taking part in the consultation, working with FRPO and other key CFAA-member associations.

In keeping with the processes created by the National Housing Strategy Act, the NHC has also now established a review panel, which will hold a series of hearings on the financialization of purpose-built rental housing and its impacts.

The review process

The review process will include written and oral hearings to hear directly from the public, especially individuals and members of communities affected by the issue under review, civil society organizations that represent and/or serve them, and experts in human rights and housing.

To allow the public and interested parties an opportunity to participate in the process, more information on the written and oral hearings will be published in the coming weeks. CFAA will participate in the hearings and coordinate our efforts with other key organizations in the rental housing sector.

Conclusion

The findings of the review panel may be highly influential in what the federal government does about the issue of financialization in rental housing. The value of your rental assets and the future of your rental housing business hang in the balance.

If your company wants to make a submission to this review, we would urge you to send an outline or a draft to CFAA to maximize consistency and overall success for the rental housing industry in the review. Please email president@cfaa-fcapi.org

28 FAIR EXCHANGE | SPECIAL EDITION 2023

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LET’S BUILD ONTARIO CAMPAIGN UPDATE

The Let’s Build Ontario campaign has continued with the efforts to promote a healthy discussion around the need for more housing supply, and particularly more rental housing supply, as the only way out of the housing crisis in Ontario. In the past few months, the campaign has strongly advocated for more housing supply by activating our supporters and encouraging them to get in touch with their elected officials and demand that more focus be put on purpose-built rental housing supply as a cornerstone solution to the housing crisis. As a result, supporters have sent hundreds of emails to MPPs and other public officials, asking that building more supply take priority as a solution. Supporters were also encouraged to contact the government and congratulate them on passing the More Homes Built Faster Act, which will help create the supply we need.

Additionally, the campaign conducted a wide survey of municipal election candidates before the Ontario municipal election in October 2022. As a result of this survey, more than 70 candidates from across Ontario, including Toronto mayor John Tory, responded to the survey, with a significant majority of them agreeing that more housing supply is the solution to the crisis, and more needs to be done at all levels to make that possible. Going forward, Let’s Build Ontario will continue to perform direct outreach to decision-makers to encourage them to take follow-up action on their campaign promises.

Through communications directly to supporters and on the campaign’s social media channels, Let’s Build Ontario has also redoubled efforts to fight the spread of disinformation and misinformation on all topics related to rental housing. The campaign’s posts aim to educate Ontarians on the realities of rental housing that are not well understood by most people. Whether that is explaining how things like rent increases work, or the role that independent bodies like the Landlord and Tenant Board play in the system, Let’s Build Ontario aims to make rental housing and issues surrounding it more transparent. Going forward, Let’s Build Ontario will continue to balance the share of voice in social and traditional media discussions, giving rental housing

providers a platform from which to share their point of view. The campaign is already doing this by countering misperceptions and misinformation, as well as by proactively pitching, finding, and amplifying media stories that serve that goal.

Let’s Build Ontario aims to be an all-inclusive movement calling for more housing supply so that every Ontarian can have a home that fits their needs in the communities they love. As such, the campaign is always open to partnering with other organizations in various fields that believe we need to build more homes in our province. Some outreach work in this respect has been done, and some cooperation has already happened as a result. However, Let’s Build Ontario will continue to pursue those opportunities to create a true coalition of voices representing the widest section possible of Ontarians.

Over the past few years, Let’s Build Ontario has grown to thousands of grassroots supporters advocating for more housing in Ontario. The campaign is always looking to increase its base. If you are interested in joining, visit the campaign website at www.letsbuildontario.ca and share the campaign with your network. The more of us there are, the louder our message will be. It is through a united effort that we will be able to build an Ontario with homes for everyone who needs them.

30 FAIR EXCHANGE | SPECIAL EDITION 2023
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HIRING, FIRING, AND REMOVING “SUPERINTENDENTS” AT YOUR

On-site superintendents are the front line of your company’s presence in multi-res buildings and are key to allowing landlords to sleep well at night knowing building operations are in good hands. However, when the relationship between the superintendent and the landlord or other tenants breaks down, the result can be a nightmare. This article focuses on the hiring, firing, and eviction process when dealing with on-site superintendents and a limited range of other on-site employees who live in the building where they are employed. The full details of terms and conditions of employment and termination are not covered here and a detailed employment agreement prepared by legal counsel is prudent; however, some general risk mitigation practices to follow in the hiring process are recommended in the paragraphs that follow.

Under the Residential Tenancies Act (RTA), the term superintendent is not specifically defined. “Superintendent’s premises” is defined as a rental unit used by “…a person employed as a janitor, manager, security guard or superintendent…” and located in the multi-res building with respect to which “the person” is employed. When on-site staff are hired, if their job title and description fit within the four specific categories of personnel listed and if they will reside in the building and provide services at the building, the employment agreement should specify that they occupy superintendent’s premises even if they are not “superintendents.” If the person/employee occupies a rental unit in a building but provides services only at another building, they then do not occupy superintendent’s premises and are subject to full protections as ordinary tenants under the RTA after their employment is terminated. A better practice is to ensure that an on-site employee who is a janitor, manager, security guard or superintendent provides at least some employee services at the building where they live, as this will put the landlord in a better position to secure vacant possession of their rental unit if their employment is terminated and the employment relationship has broken down.

The RTA sets out special rules (ss. 93 and 94 RTA) that apply to superintendent’s premises. The special rules relate to the ability of the employer/landlord to swiftly recover vacant possession of the rental unit when the employment of the employee living in superintendent’s premises is terminated. Other provisions of the RTA can come into play depending on whether the employees were already tenants of the building at the time they were hired; whether the superintendent’s premises are provided without charge as a component of their salary; and whether there are provisions setting out what happens if the superintendent fails to vacate as required either by agreement with the landlord or by operation of the RTA.

The employment agreement

A written employment agreement is key to laying out the ground rules for hiring and firing, as well as the expectations of the employer and employee with respect to job performance; what happens if the employee goes on leave or is temporarily laid off; and a schedule with a detailed description of the duties to be performed. The agreement should make it clear that most or all of the services to be provided by the employee are services to be at the multi-res building in which they live and that the person’s official title is that of ”manager, janitor, security guard or superintendent.” There is no express definition of these job titles; consequently, on-site employees’ job descriptions should include duties that would reasonably fall within one of those undefined titles.

The employment agreement should set out the circumstances in which the employment may be terminated (i.e., for cause or layoff or with notice in lieu of cause) and what happens with the unit they live in when employment is terminated. If the unit is occupied by a superintendent couple where both spouses are employed and both provide superintendents’ services, then each should be required to sign separate employment agreements and the agreements can specify that termination of one of the couple will result in termination of the other. There should also be provisions to address what happens if one of the couple is incapable

of performing services due to disability or leave (i.e., What “rent” is payable during leave? Entitlement to benefits? Salary obligations?).

If the prospective employees are existing tenants of the building, then it is in the landlord’s best interest to require that their existing, pre-employment tenancy agreement be terminated and that they be required to move into another rental unit in the building and enter into a new tenancy agreement for superintendent’s premises. If there is a dedicated suite for occupancy by the employee, then this is easily done; however, if there is no dedicated suite, the employees should nonetheless be required to move into a different unit than they currently occupy so that there is no question that their occupancy of the rental unit is tied to the job. If the termination and new tenancy process is not followed, ss. 93 and 94 of the RTA will not apply to allow for vacant possession within seven days of termination of employment; instead, the employees revert to their status as ordinary tenants and can stay in their unit. Many of you know that there are practical problems with having terminated superintendents continuing to live in the building after termination, particularly where there has been a breakdown in the relationship with the landlord or with other tenants of the building.

32 FAIR EXCHANGE | SPECIAL EDITION 2023

REMOVING ON-SITE YOUR MULTI-RES BUILDING

“Free” rent!

One attractive benefit for an employee of the landlord is the receipt of an apartment in which to live at either a reduced rent or “free” of charge. It is a requirement of the CRA that there be an attribution of the “taxable benefit” portion of the free rent given. Employers will often keep the taxable portion of the benefit to a minimum by basing it on a portion of an artificially reduced “market rent.” While that is of financial advantage for the employee, the employer should note that the “market rent” on which the taxable portion is based can be treated by the LTB as the “lawful rent” for the purpose of calculating “use and occupation rent payable” if employment is terminated and the employee fails to vacate after seven days (or as otherwise agreed). Since it takes months to secure an order for vacant possession of superintendent’s premises, an artificially low “market rent” can be a strong incentive for a terminated employee to remain in the unit either paying a much reduced per diem rent or none at all. One way to avoid problems is to have a term in the employment agreement stating that if, following termination, the employee fails to vacate in seven days as required by the RTA, the per diem compensation payable for occupancy of the rental unit shall be based on the current market rent then in effect for comparably sized units in the building as determined by the landlord.

Confidential information

The employment agreement should describe in broad terms what constitutes confidential information (e.g., “Confidential information includes…”). It should prohibit disclosure of same during employment or following termination of employment with a caution that noncompliance with the term can result both in termination of employment and, following termination, liability for damages flowing from unauthorized disclosures.

Termination and options for securing possession

Section 93 of the RTA specifies that unless there is an agreement to the contrary, the superintendent’s tenancy terminates seven days after termination of employment. At that time, the tenant shall vacate the rental unit and no rent is payable during the seven-day period. Section

Conclusion

93 of the RTA should be referenced in the agreement as should the requirement for vacant possession. In our view, it is best to specify in the agreement that vacant possession shall be given seven days after termination so that, if termination is for serious cause, the right and ability to secure possession arises quickly. It is always open to the landlord and the terminated employee, at the time of termination, to agree to terms for a longer period for delivery of vacant possession because as a practical matter, if termination is unexpected, it will be very difficult for the terminated employee to move elsewhere in seven days and they will just refuse to leave. If the seven-day period is extended by mutual agreement, care must be taken with language in the agreement to clarify that the tenancy is terminated and state that the tenant is therefore an “overholding occupant.” A simple agreement for payment of rent in advance and an extension of time to vacate can be viewed by an LTB member as a “deemed” new tenancy if the former employee fails to vacate by the extended date and the landlord’s application for possession would be dismissed.

If the terminated superintendent(s) fails to vacate in seven days as required, or an extended date as agreed, the landlord can only secure vacant possession by applying under s. 94 of the RTA for an order confirming termination of the tenancy and payment of rent for ”use and occupation” of the rental unit. This is where the provisions of the employment agreement come into play specifying how the rent payable will be determined if the tenant overholds. Under s. 94 of the RTA, and unlike most termination and eviction applications, the LTB member does not have discretion to refuse or otherwise delay the time frame for eviction. In addition to an order for termination and eviction, the landlord is entitled to apply for compensation for use and occupation of the rental unit for each day after expiry of the seven day “rent free” period following termination of employment (even though the LTB application form suggests otherwise). The per diem rate should be based on full market rent, so reliable evidence should be provided at the hearing to support that amount.

In summary, while there is always risk inherent in hiring employees who will live in the multi-res building to provide on-site services that fall within the scope of superintendent’s premises, the risk can be mitigated by careful attention to the terms of the written employment agreement and informed enforcement of the right to vacant possession of the premises when employment is terminated.

Joe Hoffer is a Partner with Cohen Highley LLP. This article is not intended, nor shall it be taken as legal advice as it is intended to provide information to landlords. Joe can be reached by email: hoffer@cohenhighley.com

33 THE VOICE OF THE FEDERATION OF RENTAL-HOUSING PROVIDERS OF ONTARIO
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