Arrondissement de Rosemont−La Petite-Patrie

In two separate files, the Borough denies a Certificate of Usage Compliance (Certificat de conformité d’usage) that would have allowed the two impacted citizens to lease an apartment on a short-term basis, using the Airbnb platform.

In each of these two cases, such a Certificate of Usage Compliance had been issued in the past for another dwelling located in the same building.

Thinking that obtaining a new certificate would not be an issue, each citizen had invested a significant amount of money prior to applying to the Borough.

• In the first case: the new apartment had been fully furnished and decorated;

• In the second case: the owner had sold the dwelling covered by the previous certificate, taking for granted that she would be authorized to lease another apartment in the same building, through Airbnb.

However, the Borough had decided to no longer issue such certificates (Certificats de conformité d’usage), except in some restricted areas.  The citizens requests were hence denied.

After analysis, our office cannot find that the Borough’s new interpretation of its By-law is unreasonable. We do not intervene further. Nonetheless, the Borough confirms that it will not cancel the previously issued certificates.

Cautionary Remark

Before investing in a dwelling with a view to lease it for short-term periods, citizens should first ensure that such use is authorized in their area and that they will be able to obtain the Borough’s required authorizations.

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