A group of Windsor housing providers has decided to challenge the City's new residential rental bylaw in court.
A notice of application was filed this week in the Ontario Superior Court of Justice in Windsor, on behalf of Windsor Housing Providers Inc., described as a corporation of hundreds of housing providers.
The notice has asked the court to order the Residential Rental Licencing Bylaw thrown out and for the City of Windsor to cover the costs of any court action. Chatham-based lawyer Steven Pickard is representing the plaintiffs, who have contended that the bylaw was passed for an "improper purpose."
"The by-law is illegal as it is ultra-vires Municipal powers by unlawfully and arbitrarily imposing further sentences or sanctions on those who have already been sentenced of a criminal offence, and as such involves the exercise of the criminal law power exclusively vested in the Parliament of Canada," read the notice.
The notice of application also charges the City with discriminating against property owners based on geography.
"Residency requirement unlawfully and arbitrarily discriminates against businesses of the same class based on geography without any authority or purpose," it said.
Windsor City Council approved a two-year pilot study designed to improve safety in existing housing stock. That took effect in mid-February. Under the guidelines, owners of properties in Wards 1 and 2 with four or fewer units must obtain a residential rental licence for each rented unit.
Property owners are required to complete a licencing form, confirm ownership of the property and provide proof of insurance, provide local contact information, and prove that the building meets all residential, fire, and building codes.
According to the filing, a hearing has been set for Tuesday, May 16.
City of Windsor spokesman Jason Moore confirmed to WindsorNewsToday.ca that the paperwork was received, but declined further comment, as it is a pending legal issue.