Hamilton landlords turn on heat to comply with bylaw, tenants say it’s too hot

Every year in Hamilton, landlords are legally obligated to supply heat, starting on Sept.15 but over the years, fall temperatures in the region have gotten warmer, and warmer.

However, that schedule may no longer align with the needs of residents, as some suffer through sweltering temperatures while property owners try to abide by the law.

“I have an existing heart condition, and that sort of heat is very dangerous for me. It could actually end me,” says David Llewellyn, a Hamilton resident.

Inside 100 Forest Ave. in downtown Hamilton, residents say they’re too hot.

“I live on the 20th floor. It’s unfortunately not very great right now. Up until yesterday, it was about 33 degrees, with the a/c on,” says Shanley Mclellan, who lives in the building.

Landlords are required to turn on the heat for tenants in Hamilton, even though the average daytime temperature over the last 7 days, has consistently been well over 20 degrees Celsius.

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“This is a common challenge faced by all apartment and condominium buildings in Ontario during the transitional periods of early fall and early spring, when outdoor temperatures vary widely between day and night. Our responsibility is to comply with the municipal by-law requirements while we do our best to ensure resident comfort,” a spokesperson for Drake Property Management said in a statement.

“It was sweltering in the bedroom, and I actually ended up turning on the air conditioner, with the door open, just to cool the place down. It was horrible,” Llewellyn says.

Llewellyn says it’s not just a waste of money, it’s a health concern.

“To put the tenants at such dire risks, because of that temperature, even the government knows that it’s too high for prolonged periods of time, and we had to go through it for 3 days,” says Llewellyn.

Others say the law itself needs to be updated.

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“Acorn is coming together with the tenants of this building, and they’re hoping they can essentially argue to have a 26 degree limit, and essentially work with landlords to have a livable temperature instead of stagnant dates that aren’t effective,” Mclellan says.

One expert says it’s better to consult the forecast, rather than rely on arbitrary dates.

“Really, it used to be -it’s gonna rain tomorrow – and now what we have are 7 day forecast, 10 day forecast, weekly, two-weekly, monthly, seasonal forecasts. and these aren’t just curiosity as to what’s coming up, these can be used for planning purposes,” Environment Canada Climatologist Dave Phillips says.

Back in 2023, staff at Hamilton City Hall began work on a proposed max heat bylaw.

It would cap the indoor temperature for rental units across the city, at 26 degrees – now as of Tuesday, it’s not been implemented, but the city’s General Manager says residents can expect to see it in effect by next summer.

Ward 2 Councillor Cameron Kroetsch says our existing bylaws do not take climate change into account, and that’s something the city needs to address when it rolls out its new adequate temperature bylaw, in early 2026.

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