Increasing Toronto's Vacancy Rate - Toronto's vacancy rate could inch closer to healthy levels if illegal entire home listings were converted to ...

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Increasing Toronto's Vacancy Rate - Toronto's vacancy rate could inch closer to healthy levels if illegal entire home listings were converted to ...
Increasing Toronto’s Vacancy Rate

Toronto’s vacancy rate could inch closer to
healthy levels if illegal entire home listings
were converted to residential long-term
rentals

 FAIRBNB.CA COALITION - FEBRUARY 2020
2   Fairbnb.ca

    Summary
    The total number of            “Increasing Toronto’s Vacancy Rate one
                                   Illegal Airbnb Listing at a Time” analyzes
    non-compliant entire           Toronto’s short-term rental market in 2020.i
    home listings, so-             It follows an earlier report released by
    called “ghost hotels”,         Fairbnb Canada in January 2019 that applied
                                   the City’s regulatory lens to assess the impact
    increased by 13.5%,            the City’s short-term rental bylaws would
    from about 6,479               have if they would have been enforced at that
    entire homes in                point in time.

    January 2019 to 7,354        The results were shocking. We found that
    one year later.              Airbnb would have had to remove 8,241 non-
                                 compliant listings. About 6,500 of these were
    found to be entire homes: houses, apartments and condos that had been
    permanently removed from the city’s housing stock and used year-round to
    accommodate tourists and guests by so-called “high-volume” hosts.

    Toronto’s short-term          Our report came to the conclusion that City of
                                  Toronto’s approved short-term rental rules
    rental rules are in           could significantly alleviate pressure on the
    effect today, which           city’s housing market, helping those of us
    renders thousands of          looking for decent and long-term
                                  accommodations find affordable places to live.
    Airbnb listings illegal
    in Toronto.                     The update report in front of you today
                                    repeats this exercise. What has changed,
    however, is that Ontario’s Local Planning and Appeal Tribunal (LPAT) has
    heard the appeals and released its decision that upholds the City’s short-
    term rental rules in November 2019. In other words, Toronto’s short-term
    rental rules are in effect today, which renders thousands of non-compliant
    Airbnb listings illegal in Toronto.

    Our analysis uses the City’s regulatory lens to identify all non-compliant
    listings by using the most current data available.ii To recap, our report only
    flags:

             •   Entire home listings rented out more than 180 days a year;
             •   Entire home listings rented out by hosts with two or more entire
                 homes for rent; and,
Increasing Toronto’s Vacancy Rate                                                      3

                 •   Listings by hosts who rent out more than 3 private rooms.

         Analysing Toronto’s Airbnb today, we found that:

                 •   The total number of non-compliant Airbnb listings increased by
                     approximately 17.8%, from about 8,241 in January 2019 to
                     9,708 one year later;
                 •   The total number of non-compliant entire home listings, so-
                     called “ghost hotels”, increased by 13.5%, from about 6,479
                     entire homes in January 2019 to 7,354 in January 2020;
                 •   “Ghost hotels” continue to be concentrated in the Waterfront
                     neighbourhood. In January 2020, approximately 34% of all non-
                     compliant entire home listings in Toronto were found in that
                     neighbourhood, compared to about 30.5% in December 2018;
                 •   Nearly 74% of revenues are generated from non-compliant
                     listings citywide – and 85.6% in the Waterfront area;
                 •   If Airbnb played by the rules and its hosts were to follow
                     Toronto’s laws, we estimate that more than 7,300 homes could
                     become available for long-term use, nearly 2,500 in the
                     Waterfront area alone; and,
                 •   If even half of these entire home listings were returned to the
                     long-term rental housing market, the city’s vacancy rate would
                     increase from 1.3% to 2%, providing sorely needed relief to
                     home-seekers.

            LOCAL APPEALS TRIBUNAL UPHOLDS
            TORONTO’S SHORT-TERM RENTAL RULES
            As cities attempt to protect residents from the impacts of unregulated
            home-sharing, Airbnb’s first line of defence has been to challenge these
            regulations in court.iii Toronto has been no exception; the company
            bankrolled some hosts and expert witnesses participating in the appeal
            of Toronto’s short-term rental regulations in early 2018 at LPAT.iv
            Fairbnb Canada sought and received party status to help the city defend
            its short-term rental bylaws.
4   Fairbnb.ca

      “One fact is indisputable: On November 18, 2019, LPAT
                                 rejected Airbnb hosts’ appeals. In its
      each dedicated short-term decision, LPAT adjudicator Scott
      rental unit displaces one Tousaw said that Toronto’s rules
      permanent household.       “represent a reasonable balancing [...]
                                 ensuring that housing is provided for
      That household must find residents, that a full range of housing
      another place to live."    is available including short-term
                                 rentals, and that the business and
      (LPAT, 2019)               tourism economies are supported.”v

      Significantly, the ruling protects secondary suites – self-contained
      apartments created within houses, like basement or nanny suites. The
      LPAT decision referenced recently adopted provincial policy
      encouraging homeowners to put up their basement apartments for long-
      term rentals, noting these “could not have been intended to provide for
      visitor or tourist accommodations.”

      While some of the appellants are seeking leave to appeal the LPAT
      decision to the Divisional Court, the City of Toronto has stated that its
      short-term rental bylaw is now in effect, and is putting in place
      registration, licensing and enforcement systems.vi

      NUMBERS OF ILLEGAL “GHOST HOTELS”
      MOUNT – AS DO RENTS
      Toronto’s long-term rental market remains perilously tight, with an
      overall vacancy rate – for both condos and purpose-built rentals -
      hovering around 1.3% in 2019.vii Average rents increased 3.2% in the
      condo market and 6.4% among primary rentals.viii Asking rents are
      drastically higher for those searching for a rental home today.

      At the same time, we estimate the number of non-compliant entire
      homes listed on Airbnb have increased by 13.5% in just over a year, to
      over 7,300 units.

      According to the Canada Mortgage Housing Corporation (CMHC), there
      were 4,850 vacant primary units and 1,102 vacant condo rentals in
      Toronto in 2019.ix If even half of the approximately 7,300 non-compliant
      entire home listings were returned to the long-term rental market, the
      city’s vacancy rate for condo and purpose-built rentals combined would
      ease, from 1.3% to 2%. Toronto’s vacancy rate could approach a
Increasing Toronto’s Vacancy Rate                                                        5

            “healthy” rate of 3% if all non-compliant entire home listings became
            long-term rentals.

            WATERFRONT NEIGHBOURHOOD HARD HIT
            BY AIRBNB
             In earlier reports, Fairbnb Canada has noted the degree to which
             Toronto’s Waterfront community has been impacted by Airbnb. The
             neighbourhood has one of the highest rates of “ghost hotels” - entire
                                            homes taken from the long-term housing
            In January 2020, we             market to be used for tourist
            estimate over half              accommodations – observed in Canada.

            (57.8%) the Airbnb              In January 2020, we estimate over half
            listings in the                 (57.8%) of the Airbnb listings in the
                                            Waterfront do not comply with the City’s
            Waterfront do not               regulations. The vast majority of these –
            comply with the City’s          2,495 out of 2,532 listings - are entire
            regulations.                    home listings. The Waterfront
                                            neighbourhood also sees a great deal of
            activity by multi-listing hosts who buy, lease or otherwise stockpile
            multiple homes for Airbnb use. The top host in the neighbourhood,
            “Simply Comfort,” offers 94 entire home listings there.

            On January 31, a shooting at a rented Airbnb in the Waterfront
            neighbourhood claimed the lives of three people.x This shooting
            occurred almost exactly a year after a previous shooting at an Airbnb in
            the same location.xi The safety of residents in the neighbourhood, and in
            their homes, has been shaken.

            Airbnb’s response to the tragedy was to announce a one-time $300,000
            donation to Canadian Doctors for Protection from Guns (CDPG) -
            approximately 0.18% of the revenue generated by illegal listings in
            Toronto – as well as a “platform change,” preventing guests under the
            age of 25 from renting listings in their own municipalities. Toronto’s
            mayor, as well as the area’s federal, provincial and municipal
            representatives, called on the company to follow the law.xii A week later,
            the Toronto Star’s editorial board called for the same measures.xiii
6   Fairbnb.ca

      MULTI-LISTING HOSTS CONTINUE TO DRIVE
      AIRBNNB’S REVENUE
      Airbnb’s resistance towards following City of Toronto’s by-law has a
      simple explanation: non-compliant listings generate two-thirds of the
      company’s revenue. Our data shows that nearly 74%, or $167 million in
      estimated yearly revenue, is generated by non-compliant listings. An
      astonishing 70% derives from non-compliant entire home listings,
      generating approximately $159 million in yearly revenue.

      In the Waterfront neighbourhood, the pattern is even more striking,
      with an estimated 85.1% of revenues, roughly $73 million, generated by
      non-compliant entire homes.

      If Airbnb were to play by Toronto’s rules, it would significantly reduce
      its own profitability. With the company reportedly seeking an initial
      public offering (IPO) to pay back its investors this year,xiv it is unlikely
      that we will see good corporate citizenship from this company anytime
      soon.
Increasing Toronto’s Vacancy Rate   7

         APPENDIX A
8       Fairbnb.ca

    ENDNOTES
    iThe authors would like to thank Magda Barrera, Bahar Shadpour and Tom Slee for their help with this
    report.

    ii Airbnb does not provide data to the public. Data used for this analysis was kindly provided by Murray Cox,

    a data analyst from New York City who makes Airbnb listing data publicly available for a number of cities at
    www.insideairbnb.com. For more information about his data sets and methodology, please visit his website.

    iii Olivia Carville, A. T., Jeremy C.F Lin. (2020, Feb. 14). Airbnb To America’s Big Cities: See you in Court.

    Bloomberg News. Retrieved from https://www.bloomberg.com/graphics/2020-airbnb-ipo-challenges/

    iv Kalinowski, T. (2019, Aug. 30). New rules would put a third of Airbnb listings out of business, and boost

    housing supply, tribunal told. Toronto Star. Retrieved from
    https://www.thestar.com/news/gta/2019/08/30/new-rules-would-put-a-third-of-airbnb-listings-out-of-
    business-and-boost-housing-supply-tribunal-told.html

    v Local Planning Appeal Tribunal (2019, Nov. 18). PL180082: Decision delivered by S. Tousaw and order

    of the tribunal. Local Planning Appeal Tribunal.

    vi https://www.toronto.ca/community-people/housing-shelter/rental-housing-standards/short-term-

    rentals/

    vii Includes primary rentals and condominium rentals; excluding other secondary rentals (i.e., houses

    and secondary suites) due to limited data reported by CMHC.

      CMHC Housing Market Information Portal, Toronto, 2019: https://www03.cmhc-schl.gc.ca/hmip-
    viii

    pimh/en#TableMapChart/2270/3/Toronto

    ix
      CMHC Housing Market Information Portal, Toronto, 2019: https://www03.cmhc-schl.gc.ca/hmip-
    pimh/en#TableMapChart/2270/3/Toronto

    xDraaisma, M. (2020, Feb. 1). 3 dead, 2 injured after shooting at Airbnb in Toronto, police not looking
    for suspects. CBC News. Retrieved from https://www.cbc.ca/news/canada/toronto/three-dead-
    shooting-cityplace-1.5448788

    xiNews Staff. (2019, Jan. 11). Man in his 20s seriously injured in CityPlace shooting. CityNews. Retrieved
    from https://toronto.citynews.ca/2019/01/11/man-in-his-20s-seriously-injured-in-cityplace-shooting/

    xii Ignatenko, M., & Boyle, T. (2020, Feb. 1). Councillor calls on short-term rental operators to delist

    ‘ghost hotels’ after three killed in shooting at Toronto Airbnb. Toronto Star. Retrieved from
    https://www.thestar.com/news/gta/2020/02/01/city-calls-on-short-rental-operators-to-delist-ghost-
    hotels-after-triple-homicide-at-downtown-
    airbnb.html?fbclid=IwAR0ZgNTwSdNnRCrCEgieIY795AIGwbIhBTCkoagDFXDWI5ov5j66VO-tZA8

    xiii Star Editorial Board. (2020, Feb. 12). Airbnb must follow rules, even when it doesn’t like them.

    Toronto Star. Retrieved from https://www.thestar.com/opinion/editorials/2020/02/12/airbnb-must-
    follow-rules-even-when-it-doesnt-like-them.html

    xiv Olivia Carville, A. T., Jeremy C.F Lin. (2020, Feb. 14). Airbnb To America’s Big Cities: See you in Court.

    Bloomberg News. Retrieved from https://www.bloomberg.com/graphics/2020-airbnb-ipo-challenges/
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