The City of Windsor's residential rental bylaw is set to be challenged in court.
On April 24, Windsor Housing Providers Inc. filed an application in superior court to temporarily halt the implementation of the residential rental licencing bylaw.
Windsor Housing Providers Inc. is a corporation representing hundreds of housing providers in Windsor.
The bylaw which was implemented by city council in February as a two-year pilot sets its focus at owners in wards 1 & 2, and was put in place to improve safety at rental properties.
Under the pilot program, property owners are required to complete a licence application form, confirm ownership and show proper insurance, provide a local contact for the unit, and show that the unit meets legislated requirements, including building code, fire code, and electrical safety standards.
Four or fewer units are required to secure a residential rental licence for each rented unit by May 31, at a cost of $466 for the first year and $275 for renewals.
A protest of the bylaw was held in March, with many landlords saying the program could force a rent increase, or in some cases, could see rental homes being put up for sale.
In the filing, Windsor Housing Providers Inc states that it believes that "the by-law is unlawful, unfairly discriminates, violates the Charter of Rights and Freedoms and contravenes the Ontario Human Rights Code."
Steven Pickard, Lawyer representing Windsor Housing Providers Inc says this filing comes after a large group of landlords expressed concern over the bylaw after it passed.
"Once it was implemented it kind of created a need for them to get more formalized and get together and make some decisions as to what they might do as a group. And the result was Windsor Housing Providers Inc as a corporation and then they engaged me to bring their concerns to court."
Pickard says students will likely be hit the hardest by this bylaw.
"I've already heard of an incident where someone's applied for their rental licence," he said. "They were denied a licence and there's students living in that house currently which means that they're no longer allowed to rent there. I just don't know what's going to happen to the housing market and students."
Pickard says this case will eventually go before a judge to determine whether the bylaw is legal or not, "And until that point we're asking the court to stop the implementation of the bylaw until the court can properly consider and render a decision. So the bylaw technically is going to come into force on June 1, so I'd like to be in court at least for the temporary injunction prior to that."
Pickard says anyone who has concerns about the bylaw should contact Windsor Housing Providers or his office by email.
-With files from AM800's Meagan Delaurier