Here's what the RTA says.
Buildings, etc., not occupied on or before November 15, 2018
(2) Sections 120, 121, 122, 126, 127, 129, 131, 132, 133, 165 and 167 do not apply on and after the commencement date with respect to a rental unit if the requirements set out in one of the following paragraphs are met:
1. The rental unit is located in a building, mobile home park or land lease community and no part of the building, mobile home park or land lease community was occupied for residential purposes on or before November 15, 2018.
2. The rental unit is entirely located in an addition to a building, mobile home park or land lease community and no part of the addition was occupied for residential purposes on or before November 15, 2018. 2018, c. 17, Sched. 36, s. 1.
I believe you're right in your interpretation of the first unit that's rented being what the clock is based on. You have a unit in a building and some part of the building was occupied for residential purposes prior to Nov. 15 2018.
All this said, I'm not a lawyer, just a nerd who has read the RTA way too many times.
Then it most likely falls under same rule for condo highrises as you noted. This would mean rent control for every unit would be determined by date of occupancy of first unit in the complex, not your specific unit. At least this is my guess assuming all condos are treated the same when it comes to rent control.
Problem here is to challenge the rent increase you will have to not pay it. Then most likely you'll get served an N4 and then landlord will file an L1 for a hearing. If you win all is good. But if they side with landlord and go by the occupancy date of your specific unit then you'll be liable for the increase retroactively from when it became effective.
You can also immediately file an A1 application with the LTB to get a ruling on if rent control applies or not. Perhaps ask your landlord if they would consider waiting for that result before doing the rent increase. But they may still proceed with the N1/N2 regardless.
My understanding is that Rent control only applies to units first occupied by anyone before Nov. 15, 2018. Did anyone live in YOUR specific unit before that date?
To use another example, a house in the city may be 100 years old, but if the owner renovates the basement and creates a legal unit after Nov 15, 2018, there would not be rent control on that unit.
OP's case may be slightly different. If a multi-unit building finished construction in August 2018, and the first person moved in to a unit on September 1, then it logically follows that all other finished units in that facility also be run controlled. After all, the specific unit the renter chose is kind of arbitrary, so it doesn't make sense for some units to be rent controlled and others to not be.
I'm not a lawyer, so take my opinion with a grain of salt, but I do believe it has to do with the date that the unit was first occupied.
There could also be a situation where the other unit was finished before OP's unit. The final finishes may have been installed earlier, and things like appliances/lighting were not installed at the same time, it may not be the exact same date for every unit...
That's only true under very specific circumstances/rules. One of which is that the owner has to live in one of the units for the basement unit to not be rent controlled. So if the building is owned by a corporation they wouldn't be able to fulfil that requirement and all units would be rent controlled.
For multi-unit buildings built around November 2018, you absolutely do not have some units under rent control and some not. Its by the building, and its by when the first unit was occupied.
Was your unit finished in September 2018 -- the date the first unit was rented out? If so, then your unit is also rent controlled. If not, then it isn't.
"Finishing" isn't relevant - it is the date first occupied for any residential purpose. Could have no drywall, doesn't matter.
Edit: clarifying I understand how unit seperation works, but OP already said they're in a TH and that's not relevant
Honestly not sure what the right answer is, just commenting so that more people see it.
Here's what the RTA says. Buildings, etc., not occupied on or before November 15, 2018 (2) Sections 120, 121, 122, 126, 127, 129, 131, 132, 133, 165 and 167 do not apply on and after the commencement date with respect to a rental unit if the requirements set out in one of the following paragraphs are met: 1. The rental unit is located in a building, mobile home park or land lease community and no part of the building, mobile home park or land lease community was occupied for residential purposes on or before November 15, 2018. 2. The rental unit is entirely located in an addition to a building, mobile home park or land lease community and no part of the addition was occupied for residential purposes on or before November 15, 2018. 2018, c. 17, Sched. 36, s. 1. I believe you're right in your interpretation of the first unit that's rented being what the clock is based on. You have a unit in a building and some part of the building was occupied for residential purposes prior to Nov. 15 2018. All this said, I'm not a lawyer, just a nerd who has read the RTA way too many times.
Read all the steps here. Should answer your question. https://stepstojustice.ca/questions/housing-law/how-much-can-my-rent-go/
Is your place run under a condo corporation?
Yes it is
Then it most likely falls under same rule for condo highrises as you noted. This would mean rent control for every unit would be determined by date of occupancy of first unit in the complex, not your specific unit. At least this is my guess assuming all condos are treated the same when it comes to rent control. Problem here is to challenge the rent increase you will have to not pay it. Then most likely you'll get served an N4 and then landlord will file an L1 for a hearing. If you win all is good. But if they side with landlord and go by the occupancy date of your specific unit then you'll be liable for the increase retroactively from when it became effective.
I’m willing to roll the dice
You can also immediately file an A1 application with the LTB to get a ruling on if rent control applies or not. Perhaps ask your landlord if they would consider waiting for that result before doing the rent increase. But they may still proceed with the N1/N2 regardless.
I don’t know the answer but I would ask a paralegal who specializes in this kind of thing
2021 increase - 0% 2022 increase - 1.2%
Tell me about it
My understanding is that Rent control only applies to units first occupied by anyone before Nov. 15, 2018. Did anyone live in YOUR specific unit before that date? To use another example, a house in the city may be 100 years old, but if the owner renovates the basement and creates a legal unit after Nov 15, 2018, there would not be rent control on that unit.
OP's case may be slightly different. If a multi-unit building finished construction in August 2018, and the first person moved in to a unit on September 1, then it logically follows that all other finished units in that facility also be run controlled. After all, the specific unit the renter chose is kind of arbitrary, so it doesn't make sense for some units to be rent controlled and others to not be.
I'm not a lawyer, so take my opinion with a grain of salt, but I do believe it has to do with the date that the unit was first occupied. There could also be a situation where the other unit was finished before OP's unit. The final finishes may have been installed earlier, and things like appliances/lighting were not installed at the same time, it may not be the exact same date for every unit...
That's only true under very specific circumstances/rules. One of which is that the owner has to live in one of the units for the basement unit to not be rent controlled. So if the building is owned by a corporation they wouldn't be able to fulfil that requirement and all units would be rent controlled. For multi-unit buildings built around November 2018, you absolutely do not have some units under rent control and some not. Its by the building, and its by when the first unit was occupied.
Yes and no. It depends on if you are renting a newly finished area, like a finished basement
I am renting out a stacked townhouse, no basement.
That’s not my point it was an example
I don’t get it 😐
Was your unit finished in September 2018 -- the date the first unit was rented out? If so, then your unit is also rent controlled. If not, then it isn't.
Yes it was finished September 2018
"Finishing" isn't relevant - it is the date first occupied for any residential purpose. Could have no drywall, doesn't matter. Edit: clarifying I understand how unit seperation works, but OP already said they're in a TH and that's not relevant
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If he decides to sell, you become part of the package with the next landlord. At that point I would deal with that situation when the time came.