The municipal squad responsible for tracking down illegal Airbnbs shows mixed results, seven months after starting its operations, because it does not have the possibility of verifying the location of the main residence of an individual offering rental accommodation. in the short term, information held by Revenu Québec, deplores the City of Montreal.
The squad issued 42 infraction reports, after carrying out 394 inspections since August 2023, its coordinator, Marie-Claude Parent, revealed on Wednesday. Inspectors acted following 252 requests to 311.
To date, 19 of these tickets, generally for $1,000, have been served on offenders, many of whom have contested them. A first challenge will also be heard in April in the municipal court.
In a single case, which received particular attention from the squad, an Airbnb was closed and the accommodation was put back on the regular rental market.
However, this is the primary goal of this squad, which unfortunately does not have all the tools necessary to be effective, deplores Benoit Dorais, responsible for housing on the executive committee of the City of Montreal.
The squad, launched as a pilot project, concentrates its efforts in three boroughs: Ville-Marie, Le Plateau-Mont-Royal and the South-West. It is responsible for enforcing municipal regulations which prohibit commercial tourist rentals everywhere, except on certain sections of main arteries (Saint-Laurent Boulevard, Saint-Denis Street, Sainte-Catherine Street, for example).
The tourist rental of a main residence is however permitted on occasion, with a registration number from the Corporation de l’industrie tourisme du Québec (CITQ).
Powers in Quebec
However, “it is Quebec that has the powers, skills and technological tools to determine the principal residence of an individual,” explains Mr. Dorais. “This is why we are looking for better collaboration with the government of Quebec. »
The squad systematically sends the files it investigates to Revenu Québec inspectors responsible for enforcing the Tourist Accommodation Act. All the documents, which can sometimes reach a hundred pages, are sent to them.
But it is impossible for the squad or for the City to know if Revenu Québec then issues these landlords with tickets, which can reach $100,000 in this case.
In the wake of the fatal fire in Old Montreal on March 13, 2023, which left seven victims, the Minister of Tourism, Caroline Proulx, added provisions to the Tourist Accommodation Act supposed to tighten the screws on rental platforms like Airbnb.
Inspectors are confronted with several schemes from landlords who advertise accommodation on these platforms. They did not want to give too many details on this subject, to avoid giving ideas to fraudsters.
One of these stratagems is known: a landlord can declare that the rental accommodation is his main residence to obtain a certificate of conformity from his municipality, which cannot ensure the veracity of this information – even proof address does not prove that it is a principal residence within the meaning of the law. This certificate of conformity then allows you to obtain a CITQ number.
When receiving a complaint, the municipal squad must obtain the address of potentially illegal short-term rental accommodation, as well as the advertisement published online.
The inspectors must then go to the site and photograph the place, in order to prove that it is indeed the place announced. They must also try to demonstrate that it is not a primary residence.
Some details can help them: nearby key box, code-operated lock, posted instructions for tourists, security camera, etc.
At this time, there are no plans for the squad to expand its reach to other boroughs.