Some Windsor landlord's attempt to quash the Residential Licensing By-law pilot project in the City of Windsor has been dismissed.
The by-law was launched in wards 1 and 2 in February 2023 to implement a proactive inspection system to improve safety in the city's rental stock.
Windsor Housing Providers Inc. launched an application to the Ontario Superior Court of Justice in hopes of overturning the bylaw.
The case was heard in December, and Justice K.A. Gorman issued their decision dismissing the challenge on Monday.
"The by-law has withstood any and all scrutiny ," said Councillor Fabio Costante. "We can resume the pilot project and look forward to proactively inspecting units, cracking down on slumlords ensuring that tenants are living in safe units."
Borys Sozanski with Windsor Housing Providers Inc. said he is disappointed with the decision.
"It is WHP's position that the Residential Rental Licensing By-Law adds another layer of bureaucracy to an already heavily regulated sector," said Sozanski in a news release.
The group says the increased licensing fees will increase rents, and reduce the housing stock in the city.
While the City of Windsor has not been enforcing the by-law since the matter was before the court the pilot project has been ongoing.
Manager of Licensing & Enforcement and Deputy Licence Commissioner Craig Robertson said 750 applications have already been submitted.
"Administration will be focusing on the education component as well as trying to encourage voluntary compliance but at the end of the day if we have a population that doesn't want to comply or doesn't want to participate we know that we have a mechanism or enforcement tool to use to try and gain compliance," said Robertson.
Around 450 licenses have already been issued. Inspections are underway for the remaining applications.
"There's been a number of different violations," said Robertson. "We could be looking at something as minor as broken screens to missing or not working smoke detectors or other issues where maybe some construction has happened without permits."
The pilot study is scheduled to continue until 2026. A mid-way report is expected to be presented to Windsor City Council soon.