Burnaby facing challenges enforcing B.C. short-term rental rules

A City of Burnaby report says 15 per cent of short-term rental operators in Burnaby are breaking the rules, and even though new provincial legislation lets municipalities fine rulebreakers up to $3,000, city staff say they presently don’t have the means to do that.

The report says dozens of properties continue to operate ‘in defiance’ of the city’s short-term rental regulations, which are in place to make more long-term housing available.

Burnaby can’t slap the rulebreakers with bigger fines because of the city’s fining system under the Local Government Bylaw Notice Enforcement Act, which only allows a maximum $500 fine.

The city report says most municipalities use this system because it has less red tape.

“Our experience is that $500 is not enough deterrent for people to really start paying attention to our bylaws,” said Sav Dhaliwal, Burnaby City Councillor.

City Councillor Sav Dhaliwal says enforcing short-term rentals has been difficult, and a fine of $500 a night for a short-term rental rulebreaker can be recouped in just a few nights.

In October, the province put a $3,000 limit on municipal fines as part of new laws limiting short-term rentals, but those fines are part of a different system called the municipal ticket information system. The city report says it’s far more complicated and requires lots of changes.

“They can have a $3,000 fine, which is a pretty high fine, but if they wanted to collect if people are not paying, they actually have to go to court,” said Dhaliwal.

CityNews reached out to B.C.’s Ministry of Municipal Affairs, but it didn’t respond before publication.

The city is hoping to increase its maximum local fine according to Burnaby Mayor Mike Hurley at a press conference on Tuesday.

“We have asked the province to allow those fines to be updated – not just for AirBnB, but for other violations within our city,” he said.

“It’s not to stop people from having short-term rentals, but to do it in an organized way that does not affect the long-time housing supply that we so desperately need in the city.”

B.C.’s short-term rental laws take effect May 1 next year, which largely limits rentals to the host’s principal residence and a secondary suite.