Short-term Rentals
List of Licensed Short Term Rental Properties
Licensing System Overview
A Short Term Rental (S.T.R.) means all or part of a dwelling unit that is used to provide temporary accommodation through an S.T.R. Company. A licence is required by anyone who uses all or part of their home to provide temporary accommodation by using an S.T.R. Company.
An S.T.R Operator is a registered owner of the property on which the S.T.R. is located and who makes the S.T.R. available through an S.T.R. Company.
An S.T.R. Company is any person who facilitates or brokers S.T.R. rental reservations by providing a website or application to connect potential rentals with S.T.R. Operators and conducts the financial transaction between the parties.
Among other this, this licensing system is intended to:
- Enhance the enforcement of the Zoning By-law provision that requires the S.T.R. to be the principal residence of the S.T.R. Operator
- Introduce a requirement to have a local contact available at all times to respond to issues and who is available to attend within a period of no greater than one hour from the time of contact by telephone or email;
- Introduce insurance requirements
- Enhance the enforcement of the Zoning By-law provision that prohibits S.T.R. Operators from operating for more than 28 consecutive days and more than 180 days in a calendar year
- Limit the number of rooms to two, with a maximum of two occupants in each (when renting by the room)
- Enhance the enforcement of the Zoning By-law provision that prohibits any other rental use within a dwelling unit that contains an S.T.R.
- Introduce a Visitor's Code that would provide information about relevant City by-laws to S.T.R. renters
Key Features of the Licensing System
The licensing system for S.T.R. Operators compliments existing zoning standards. Zoning standards require that the S.T.R. be the Operator's principal residence. Furthermore, S.T.R.s are only permitted to operate for periods less than 28 consecutive days and no more than a combined 180 days per calendar year.
Highlights of the licensing system include:
- All S.T.R. Operators are required to obtain a licence to operate an S.T.R. in Oshawa
- S.T.R. Operator licensing standards and requirements can be found in Schedule “R” of the Licensing By-law 120-2005
- The cost of an S.T.R. Operator licence is $75 plus a $75 application fee
- S.T.R. Operators are required to operate their rental in a responsible and respectful manner
- S.T.R. renters are required to comply with all City by-laws during their stay (e.g. Noise By-law 112-82 and Parking By-law 79-99)
- If renting by the room, no more than two rooms can be rented and each room can only have a maximum of two occupants
- S.T.R. Operators must ensure renters received a copy of the Visitor's Code as provided by the City to help educate visitors and their guests about acceptable standards of behaviour and to minimize adverse neighbourhood impacts, and Operators must retain confirmation that renters have received the documents
- All advertisements must include a valid City of Oshawa S.T.R. Operator business licence number
- S.T.R. Operators must ensure there are City-approved instructions posted in the S.T.R. in a location approved by the City that advise renters of what to do in the event of an emergency (see document linked under “additional Resources” section below)
- S.T.R. Operators must keep records available for City inspections for six years following the last date of the rental period, including:
- The number of nights the S.T.R. was rented
- The dates rented
- Whether the rental was a whole home rental or by the room rental
- Confirmation of renter receipt of the Visitor's Code
- S.T.R. Operators must ensure they have a local contact who is available to attend to the affiliated S.T.R. within one hour from the time of contact by telephone or email at all times.
Licence requirements
To obtain a licence, S.T.R. Operators must submit various items as outlined in Schedule “R” of Licensing By-law 120-2005. In general, applications must include:
- A completed Short-Term Rental Licence application form
- A floor plan that identifies:
- All exits
- All windows
- All rooms, and identifying which bedrooms will be rented
- All spaces and common areas
- Proof of insurance that includes:
- A limit of liability of not less than $2,000,000 (two million dollars) per occurrence for property damage and bodily injury.
- Identifies the proposed use as a short term rental.
- Lists the City as an additional insured.
- Provides for at least 15 days written notice to the City of Cancellation.
- The contact information for a Local Contact who can attend the S.T.R. at all times within an hour from the time of contact by phone or email
- A statement attesting to the accuracy, truthfulness and completeness of the application, and that:
- If the S.T.R. is a condo unit, the S.T.R. use is permitted by the associated condominium board
- The S.T.R. is in compliance with various legislation
- The S.T.R. has and will continue to have working smoke alarms on each level and carbon monoxide detectors on all levels where sleeping occurs
- The S.T.R. will have instructions posted advising renters of what to do in the event of an emergency
- If the S.T.R. is being rented by the room, no more than two rooms will be rented with a maximum of two occupants in each bedroom
- The S.T.R. Operator will provide all renters with a copy of the Visitor's Code
Also, S.T.R. Operators must:
- Be in compliance with Zoning By-law 60-94
- Show that all property owners are aware of, consent to and authorize the S.T.R. use
Please refer to Schedule “R” of Licensing By-law 120-2005 for more detailed information.
Resources
History and reports
Issue history:
In 2018, the City updated Zoning By-law 60-94 to address short-term rentals as a land-use in the City. Zoning by-laws are used to regulate land-use within a municipality. The Zoning By-law was updated to provide clarity regarding the permitted use of short-term rentals in areas that permit dwelling units. The following S.T.R. Zoning regulations were established:
- A short-term rental is a permitted use in all zones that permit dwelling units
- A short-term rental may only provide temporary accommodation
- A short-term rental may only provide temporary accommodation for any rental period that is less than 28 consecutive days and not exceeding a combined total of 180 days in a calendar year
- The short-term rental unit must be the operator’s principal residence, as defined in the Income Tax Act
- No bed and breakfast, home occupation, other rental accommodation, group home or lodging house is permitted in any dwelling unit which contains a short-term rental
- A short-term rental cannot change the external residential appearance of the dwelling unit or contribute to the adverse effects such as, but not limited to, those from excessive traffic, parking, noise and hours of operation
Following the approval of Zoning By-law amendments, the City undertook an industry stakeholder and public consultation process to discuss short-term rental business licensing regulations within the City of Oshawa. Feedback received was assessed as part of the development of the licensing system.
Community members, S.T.R. hosts/operators, and S.T.R. companies/platforms were able to provide feedback by completing a stakeholder-specific survey online or on paper at Service Oshawa, or by discussing the topic in-person with City staff at one (1) of three (3) S.T.R. community engagement tables or through directly engaging with staff. The dates, times and locations for the community engagement tables was as follows:
- Wednesday, February 20, 2019, 6:30 p.m. to 8:30 p.m., South Oshawa Community Centre
- Thursday, February 21, 2019, 9:30 a.m. to 11:30 a.m., City Hall
- Thursday, February 21, 2019, 6:30 p.m. to 8:30 p.m., Delpark Homes Centre
Following the consultation and research period, a staff report containing the results of the consultation process and a proposed licensing system for S.T.R. Operators was considered at the Corporate Services Committee meeting on Monday, February 3, 2020. A subsequent report with an updated proposed licensing system for S.T.R. Operators was considered and approved at the Monday, May 25, 2020 Council meeting. An amending by-law was then approved at the June 22, 2020 Council meeting.