Fake registration numbers or numbers used for the wrong address, nominees claiming to rent their main residence, several main residences declared by the same person, accommodation rented on Airbnb by a tenant without the owner having given their consent… Stratagems for circumventing the new provincial law on illegal tourist rentals are multiple and seem to entail few consequences.
“The new legislation has changed absolutely nothing on the ground,” denounces Cédric Dussault, spokesperson for the Regroupement des committees logement et associations de tenants du Québec (RCLALQ), who underlines, in the midst of the housing crisis, the “ravages” caused to the rental stock by Airbnb.
He also notes that the number of advertisements published on the online platform has increased since last year, instead of decreasing. The RCLALQ documents on a website the number of accommodations offered for rental on Airbnb, just like the American site Inside Airbnb does.
Number of listings on Airbnb
Montreal
- August 2023: 8,630 housing units
- Today: 8807 housing units
Province
- August 2023: nearly 30,000 housing units
- Today: 31,600 housing units
Sources: abasairbnb.io and insideairbnb.com
In May 2023, the Minister of Tourism, Caroline Proulx, affirmed “to give a very serious blow” by tabling a new law requiring tourist rental platforms to ensure that their advertisements respect provincial law and municipal regulations. , and that their registration numbers are consistent.
Registration numbers are distributed by the Corporation de l’industrie tourisme du Québec (CITQ), which requires a notice of conformity issued by the municipality, as well as proof that tourist rental is permitted by the owner of the accommodation. or the co-ownership association, if applicable.
Failures
However, these requirements are not always respected, according to a survey by The Press.
In Montreal, for example, several boroughs only allow tourist rentals for individuals who want to occasionally rent their main residence, such as Verdun and Mercier–Hochelaga-Maisonneuve. Others only allow commercial tourist rentals on main arteries (certain sections of Sainte-Catherine, Saint-Denis and Saint-Laurent streets, or Plaza Saint-Hubert, for example).
This does not prevent commercial rentals from appearing everywhere.
In Verdun, a house for 14 people, where poker tournaments take place, was rented on Airbnb even though the CITQ registration number it displays corresponds to an address in Old Montreal and the borough never granted him a notice of compliance.
Near the Village, for a building where at least three accommodations are rented to tourists, notices of compliance have been granted by the Ville-Marie district to the same person declaring that they have two main residences.
The law also requires that the operator of a tourist residence, whether or not in a main residence, display their registration certificate with the CITQ at the main entrance. From our observations, certificates are almost never visible.
A problem that persists
These violations of the law enrage Éric Michaud, coordinator at the Ville-Marie Housing Committee, who receives numerous complaints about illegal rentals on Airbnb.
It is scandalous that in the midst of a housing crisis, apartments are allowed to be used for speculative purposes. In addition, it affects the tranquility of neighborhoods. If it had the public interest at heart, the government would take real measures to prevent the fraudulent use of accommodation for tourist rental.
Éric Michaud, coordinator at the Ville-Marie Housing Committee
According to Mr. Michaud, the government acted urgently last year, after the fire in Old Montreal which claimed the lives of seven people, some of whom had rented accommodation through Airbnb. “But from our point of view, that didn’t solve the problem,” he said.
The City of Montreal, which has set up a special squad to track down illegal Airbnbs in the boroughs of Ville-Marie, Plateau-Mont-Royal and Sud-Ouest, has been asking for several months that the Quebec government give it access. to data on main residences.
This would avoid situations where a person claims that accommodation rented to tourists is their main residence, when that is not the case, say Montreal elected officials.
“The Madhouse”
“The issue is that we are not capable of enforcing our own rules. It’s a madhouse,” said Mayor Valérie Plante on April 9 to the Ville-Marie borough council, in response to a citizen complaining about tourist rentals in her street.
“We need concerted action. We do not have access to the Revenu Québec database to combine it with the information we receive when people request a notice of conformity,” explains Robert Beaudry, responsible for urban planning at the executive committee of Montreal and municipal councilor for the Saint-Jacques district, in Ville-Marie.
In the office of the Minister of Tourism, Caroline Proulx, we still respond that “municipalities already have all the necessary tools to apply their regulations”.
The new law is effective, although it is not yet a year old, and has notably caused an increase in registrations, says the minister’s press secretary, Brigitte Roussy.
“That said, all laws can be improved and there will always be people with bad intentions who try to circumvent them. There Law to combat illegal tourist accommodation don’t escape it. This is why we have equipped ourselves with all the levers to react,” she adds.
What it takes to operate an Airbnb in Quebec
To register with the Quebec Tourism Industry Corporation, you must:
- A document from the municipal authorities demonstrating that the operation of the tourist accommodation establishment complies with town planning regulations;
- before issuing the notice of compliance, if the request concerns a main residence, the municipality requests proof of address or a sworn declaration that it is indeed the main residence;
- the title deed, municipal tax bill or rental contract;
- proof of civil liability insurance of at least 2 million;
- a copy of the provisions of the rental contract, or of the declaration of co-ownership if the establishment is located in a building held in divided co-ownership, allowing the operation of the establishment for tourist accommodation purposes;
- photographs to identify the establishment (one from the exterior and another from the interior).