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Occupancy law - 2 or 3 bedroom
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rnkn

Toronto
2 Posts

Posted - 04/10/2006 :  10:50:55  Show Profile  Reply with Quote
We are new immigrants moving to Mississauga Canada next month and were advised that while renting apartments we might have to opt for a 3 bedroom unit since we have 2 children a boy (7 yrs) and a girl (4 yrs) and they cannot share a common bedroom. I am told only same sex children can be in the same room!!

Is this true and are there any laws on this?

I would prefer a 2 bedroom apartment, since the children have always been together in one room but they sleep separately on their own beds (bunk-beds)- Please advise.

Moderator

Ontario
11895 Posts

Posted - 04/14/2006 :  16:04:43  Show Profile  Reply with Quote
Hello there,

According to one of our Housing Experts, unfortunately, landlords often apply rules about children sharing bedrooms – and refuse to rent to families based on these rules.

According to our Housing Expert, in their view, this is illegal. It would be considered discrimination under Ontario’s Human Rights Code.

The problem with the Human Rights Code, however, is that it is not very well enforced.

You could say to a landlord that they can’t refuse you for this reason, but they will likely still turn down your application.

Then, you will have to file a complaint with the Ontario Human Rights Commission.

This process is slow and, unfortunately, will not help you get the apartment (though you may get some compensation).

If you do apply for a two bedroom apartment and are turned away because of your children, you should contact the Centre for Equality Rights in Accommodation (CERA) at 1-800-263-1139 ext. 22.

They help people who have experienced discrimination related to their housing. Staff will contact the landlord to advocate on your behalf. They may also be able to help you file a complaint with the Human Rights Commission.

It is important to note that if you get a 2 bedroom apartment, the landlord cannot evict you because of your children as long as you are not violating local over-crowding by-laws (4 people in a two bedroom apartment will not violate these by-laws).

Sometimes, if a landlord raises concerns about having children share rooms, a family will suggest that the children take the two bedrooms while the parents sleep in the living room.

This could deal with the problem. Once the family has been accepted and is in the apartment, they are free to change their minds about the sleeping arrangements.

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Information and Referral Specialist, CIRS


rnkn

Toronto
2 Posts

Posted - 04/14/2006 :  16:25:39  Show Profile  Reply with Quote
Thanks Anna... We will then look for a 2 bedroom unit and deal with it as per your guideline.

Thanks again for the detailed reply.


RJ

toronto
7 Posts

Posted - 11/28/2006 :  18:25:58  Show Profile  Reply with Quote
Anna, can you please tell me what the overcrowding by-law in Toronto states? Would renting to a couple with 2 girls and 1 boy a one bedroom apartment be in-violation of?

Thank you!



Moderator

Ontario
11895 Posts

Posted - 12/04/2006 :  10:45:53  Show Profile  Reply with Quote
Hello there,

Thank you for your question.

The reference that we made to the overcrowding was provided to us by one of our Housing Issues Expert. We have contacted them to see if they could provide us some more information on where we can find these by-laws.

We will update you as soon as we receive this information.

Regarding your own situation, we suggest that you contact the nearest Community Legal Clinic for some information on your own situation. You can find the nearest one here:

[R]http://www.settlement.org/sys/regions_detail.asp?doc_id=1003043#LS

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content Coordinator, CIRS
Settlement.Org


Moderator

Ontario
11895 Posts

Posted - 12/07/2006 :  17:00:29  Show Profile  Reply with Quote
Hello RJ,

We have received some updates from one of our Housing Experts. Here is the information they were referring to:

TORONTO MUNICIPAL CODE
§ 629-25 PROPERTY STANDARDS


"629-25. Occupancy standards.

A. A room designed and intended for use as a non-habitable area shall not be used as a habitable area.

B. No basement or cellar space shall be used as a dwelling unit or as a habitable room unless this use is otherwise permitted by law and complies with the other occupancy provisions in this chapter.

C. The maximum number of persons living in a habitable room shall not exceed one person for each nine square metres of habitable room floor area.

D. For the purposes of this section, the minimum height of a habitable room shall be 1.95 metres over at least 1/2 the floor area, and, for the purposes of Subsections E and F, any floor area under a ceiling that is less than 1.4 metres in height shall not be counted in computing the required minimum floor area of a room used for sleeping.

E. The minimum floor area of a room used by only one person for sleeping shall be six square metres with the room having a minimum dimension on one side of two metres.

F. The minimum floor area of a room used by two or more persons for sleeping shall be four square metres for each person so using the room.

§ 629-26."

For additional information, we suggest that you may want to contact the nearest community legal clinic here:

[R]http://www.settlement.org/sys/regions_detail.asp?doc_id=1003043#LS

I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.

=====
Anna
Settlement.Org Content Coordinator, CIRS
Settlement.Org


sreddy40

Mississauga
1 Posts

Posted - 03/13/2009 :  18:44:35  Show Profile  Reply with Quote
quote:

We are new immigrants moving to Mississauga Canada next month and were advised that while renting apartments we might have to opt for a 3 bedroom unit since we have 2 children a boy (7 yrs) and a girl (4 yrs) and they cannot share a common bedroom. I am told only same sex children can be in the same room!!

Is this true and are there any laws on this?

I would prefer a 2 bedroom apartment, since the children have always been together in one room but they sleep separately on their own beds (bunk-beds)- Please advise.




I understand the finacial aspect of going for a 1 or 2 bedroom apartment for families with children, but when families move into these smaller apartments, you don't look at the wear and tear that these units go thru with so many people living in them. I have had brand new fridges repaired in less than a yr due to the fact that it was so blocked with food that the air can't circulate and it blocked the lines. There is also the noise aspect of so many people moving around in there and moving of furniture to accomidate the mattresses on the floor. The fact that the space can't hold that many possessions of so many people and it creates clutter, allowing pests such as mice and cockroaches to get in and breed. I have seen 1 br, 650 sq ft apartments so blocked with matresses, clothing, boxes and other containers, that you can't walk around the unit. There is the constant wear on the floors, kitchen cupboards that only a few months ago were great, are now saging and doors coming off. As a parent myself of a boy and a girl, I would not allow my children to share a room once they reach a certain age, due to the curiousness of children.
I believe that landlords should have the right to limit how many people can live in the size of apartment they have for rent. In the end, they are the ones who have to cover the cost of all this wear and tear.

Stella Reddy


Thowlander

Hamilton
1 Posts

Posted - 03/25/2010 :  18:15:08  Show Profile  Reply with Quote
Hi, is it considered safe for a family of 5 to live in a 2 bedroom apartment? Two adults, one infant and 2 pre-schoolers. Boy and girl.
Would this be more than the number of people living in the rental unit is more than permitted by health, safety or
housing standards?

Bryan


jerwagsarmic

kanata
1 Posts

Posted - 01/25/2011 :  18:43:03  Show Profile  Reply with Quote
quote:

<blockquote id="quote"><font size="1" face="" id="quote">quote:<hr height="1" noshade id="quote">
We are new immigrants moving to Mississauga Canada next month and were advised that while renting apartments we might have to opt for a 3 bedroom unit since we have 2 children a boy (7 yrs) and a girl (4 yrs) and they cannot share a common bedroom. I am told only same sex children can be in the same room!!

Is this true and are there any laws on this?

I would prefer a 2 bedroom apartment, since the children have always been together in one room but they sleep separately on their own beds (bunk-beds)- Please advise.



quote:

I understand the finacial aspect of going for a 1 or 2 bedroom apartment for families with children, but when families move into these smaller apartments, you don't look at the wear and tear that these units go thru with so many people living in them. I have had brand new fridges repaired in less than a yr due to the fact that it was so blocked with food that the air can't circulate and it blocked the lines. There is also the noise aspect of so many people moving around in there and moving of furniture to accomidate the mattresses on the floor. The fact that the space can't hold that many possessions of so many people and it creates clutter, allowing pests such as mice and cockroaches to get in and breed. I have seen 1 br, 650 sq ft apartments so blocked with matresses, clothing, boxes and other containers, that you can't walk around the unit. There is the constant wear on the floors, kitchen cupboards that only a few months ago were great, are now saging and doors coming off. As a parent myself of a boy and a girl, I would not allow my children to share a room once they reach a certain age, due to the curiousness of children.
I believe that landlords should have the right to limit how many people can live in the size of apartment they have for rent. In the end, they are the ones who have to cover the cost of all this wear and tear.

Stella Reddy



I would love for you to grace me with an explanation of how my family with 6 children could hope to find an affordable house within your parametres. Or do we not have the right to housing because we chose to have children?


   
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