Cracks in the foundation? examining the justifications for and unintended consequences of residential occupancy standards in Canada

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Date
2020
Authors
McCandless, Elizabeth
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Abstract
Residential overcrowding is something that governments wish to avoid. Laws or policies that control the number of occupants in a home are known as residential occupancy standards. Using a historical analysis, a comparative content analysis, and a case law/human rights analysis, this thesis examines the justifications that Canadian governments have used for the adoption of residential occupancy standards and considers the impact of the standards, particularly on low-income renters. While there appears to be a correlation between overcrowding and negative health effects, this thesis challenges certain assumptions about residential overcrowding upon which the standards are based. Residential occupancy standards largely appear to be based on outdated medical evidence and social, economic, and political norms, arguably rendering the use of certain standards inappropriate in Canada’s multicultural society. In light of the current challenges facing marginalized groups in terms of accessing affordable housing, this thesis recommends a more nuanced and flexible approach to setting and applying residential occupancy standards.
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Housing, Human rights
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