O. Reg. 556/05: Rent-Geared-to-Income Assistance and Special Needs Housing

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ontario regulation 556/05

made under the

Social Housing Reform Act, 2000

Made: November 2, 2005
Filed: November 4, 2005
Printed in The Ontario Gazette: November 19, 2005

Amending O. Reg. 298/01

(Rent-Geared-to-Income Assistance and Special Needs Housing)

1. Subsection 5 (13) of Ontario Regulation 298/01 is amended by striking out the portion before clause (a) and substituting the following:

(13) Within seven business days after receiving the application or within such longer time frame as may be determined by the service manager, the service manager shall give the household a written notice,

. . . . .

2. Subsection 6 (9) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(9) Within seven business days after receiving the application or within such longer time frame as may be determined by the decision-maker, the decision-maker shall give the household a written notice,

. . . . .

3. (1) Clause 7 (1) (e) of the Regulation is revoked and the following substituted:

(e) in the case of a household other than a special priority household, no member of the household owes, with respect to a previous tenancy in any housing project under any housing program,

(i) arrears of rent,

(ii) money owed as the result of a reimbursement requested by a service manager under section 86 of the Act, or

(iii) money owed in respect of damage caused by a member of the household; 

(e.1) in the case of a household other than a special priority household, a member of the household, with respect to a previous tenancy in any housing project under any housing program, owes arrears or money owed as set out in clause (e) and,

(i) the service manager is satisfied that extenuating circumstances exist, or

(ii) any member of the household has entered into an agreement with the housing provider for the repayment of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears or the money owed;

(2) Clause 7 (1) (f) of the Regulation is revoked and the following substituted:

(f) in the case of a special priority household, no member of the household owes, with respect to a previous tenancy in any housing project under any housing program,

(i) arrears of rent,

(ii) money owed as the result of a reimbursement requested by a service manager under section 86 of the Act, or

(iii) money owed in respect of damage caused by a member of the household;

  (f.1) in the case of a special priority household, a member of the household, with respect to a previous tenancy in any housing project under any housing program, owes arrears or money owed as set out in clause (f) and,

(i) in the case of arrears or money owed in respect of a unit of which the member and the abusing individual are joint tenants,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement with the housing provider for the repayment of 50 per cent of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay 50 per cent of the arrears or money owed, and

(ii) in the case of arrears or money owed in respect of any other unit,

(A) the service manager is satisfied that extenuating circumstances exist, or

(B) any member of the household has entered into an agreement with the housing provider for the repayment of the arrears or money owed and the service manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears or money owed;

4. Subsections 11 (1) and (2) of the Regulation are revoked and the following substituted:

Review of eligibility

(1) Once in every 24-month period after a household is determined to be eligible for rent-geared-to-income assistance, the service manager shall review the eligibility of the household and shall determine whether the household continues to be eligible for rent-geared-to-income assistance.

(2) Once in every 12-month period after a household begins to receive rent-geared-to-income assistance, the service manager shall review the eligibility of the household and shall determine whether the household continues to be eligible for rent-geared-to-income assistance.

(2.1) The service manager may review the eligibility of the household more frequently than as set out in subsections (1) and (2), if the service manager considers such a review to be desirable. 

5. Section 12 of the Regulation is amended by adding the following subsection:

(1.1) Despite subsection (1), a service manager may determine that a household that has otherwise ceased to be eligible for rent-geared-to-income assistance continues to be eligible for such assistance if the service manager is satisfied that extenuating circumstances exist.

6. Section 15 of the Regulation is revoked and the following substituted:

Notice to housing provider

15. Within seven business days after determining that a household receiving rent-geared-to-income assistance in a unit has ceased to be eligible for such assistance or within such longer time frame as may be determined by the service manager, a service manager shall give the housing provider providing the unit written notice of the service manager’s decision and of the review process available to members of the household in respect of the decision. 

7. Subsection 21 (1) of the Regulation is revoked and the following substituted:

Review of eligibility

(1) Once in every 24-month period after a household is determined to be eligible for special needs housing, the supportive housing provider shall review the eligibility of the household and shall determine whether the household continues to be eligible for special needs housing.

(1.1) Once in every 12-month period after a household begins to occupy special needs housing, the supportive housing provider shall review the eligibility of the household and shall determine,

(a) whether the household continues to be eligible for special needs housing; and

(b) whether the household continues to be eligible for the unit it occupies. 

(1.2) The supportive housing provider may review the eligibility of the household more frequently than as set out in subsections (1) and (1.1), if the service manager considers such a review to be desirable. 

8. (1) Subsection 23 (1) of the Regulation is revoked and the following substituted:

Time for making determinations

(1) A determination about whether a household is eligible for rent-geared-to-income assistance or special needs housing must be made within 30 days after the household’s application is complete or within such longer time as may be determined by the decision-maker. 

(2) Subsection 23 (3) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(3) If the members of the household were given an opportunity to comment, under section 80 of the Act, in relation to the determination, the 30-day or other time period referred to in subsection (1) or the 14 days referred to in subsection (2) does not include the time period,

. . . . .

9. Subsection 36 (1) of the Regulation is revoked and the following substituted:

Subsidiary waiting lists

(1) A service manager shall provide an up-to-date subsidiary waiting list for a housing project in the service area to the housing provider for the project at such times as may be agreed upon by the service manager and the housing provider and at such other times as the housing provider may request.

(1.1) Despite subsection (1), the service manager shall provide to the housing provider for the housing project the information set out in subsection (3) for the households determined to be eligible under a category established under the provincial or local priority rules at least once each month.

10. Subsection 39 (1) of the Regulation is revoked and the following substituted:

Refusal of three offers — ineligibility

(1) A household, other than a household that has been determined to be eligible for special needs housing, ceases to be eligible for rent-geared-to-income assistance if it has refused three offers of a rent-geared-to-income unit and,

(a) it is on the centralized waiting list for rent-geared-to-income units, or

(b) it has been placed on a housing provider’s internal transfer list under paragraph 2 of subsection 11 (2) of Ontario Regulation 339/01 (Housing Projects Subject to Part VI of the Act) made under the Act.

11. Section 41 of the Regulation is amended by adding the following subsection:

(6) Despite the ranking dates set out in this section, the ranking date for a household that is eligible for rent-geared-to-income assistance under a category established by the local priority rules established by the service manager under section 77 of the Act is the date determined by the service manager for the local priority household category.

12. (1) Subsection 50 (2) of the Regulation is amended by striking out “subject to subsections (3), (5) and (6)” and substituting “subject to subsections (2.1), (3), (5) and (6)”.

(2) Section 50 of the Regulation is amended by adding the following subsection:

(2.1) For the purpose of subclause (1) (a) (i), if a payment received during a month is intended for a prior or future month, the payment shall be accounted for in the calculation of income as it were received in the prior or future month.

(3) Subsection 50 (10) of the Regulation is revoked and the following substituted:

(10) If a member of a family unit transfers, by sale, lease, gift or in any other manner, his or her interest in an asset to a person who is not a member of the household, less than 36 months before the date the household begins to receive rent-geared-to-income assistance, the member shall be deemed, for the purposes of subclause (1) (a) (ii) and subsection (9), still to have the interest in the asset, unless the service manager is satisfied that the transfer was effected in good faith and,

(a) not for the purpose of reducing the member’s imputed income so as to reduce the amount of geared-to-income rent payable by the household; or

(b) not for the purpose of reducing the amount of the household’s assets for the purpose of qualifying for rent geared-to-income assistance, if the service manager has implemented an asset limit under subsection 8 (3).

(4) Subsection 50 (11) of the Regulation is amended by striking out “$2,000” and substituting “an amount determined by the service manager”.

13. Subsection 54 (4) of the Regulation is revoked and the following substituted:

(4) Within seven business days after giving a household written notice under subsection 86 (6) of the Act of an increase in the amount of geared-to-income rent payable by the household for the unit it occupies or within such longer time frame as may be determined by the service manager, a service manager shall give the housing provider providing the unit written notice of the increase.

14. Subsection 56 (3) of the Regulation is revoked and the following substituted:

(3) A notice must be given within seven business days after the decision to which the notice relates is made or within such longer time frame as may be determined by the decision-maker. 

15. Subsection 57 (4) of the Regulation is revoked and the following substituted:

(4) A request by a member of a household for an internal review of a decision must be received by the service manager, supportive housing provider or lead agency within 10 business days after the day the notice of the decision is received by the member of the household or within such longer time frame as may be determined by the service manager, supportive housing provider or lead agency.

16. (1) Subsection 58 (3) of the Regulation is revoked and the following substituted:

(3) The review shall be completed within 10 business days after the request for the review is received or within such longer time frame as may be determined by the service manager, supportive housing provider or lead agency.

(2) Subsection 58 (6) of the Regulation is revoked and the following substituted:

(6) The service manager, supportive housing provider or lead agency shall give written notice of the result of the review to the individuals who requested it within five business days after the review is completed or within such longer time frame as may be determined by the service manager, supportive housing provider or lead agency.

17. (1) Subsection 60 (1) of the Regulation is amended by adding the following paragraph:

4.1 The requirements to be included in the categories established by the service manager under local priority rules and ranking rules for these categories.

(2) Subsection 60 (4) of the Regulation is revoked and the following substituted:

(4) It is the duty of the service manager to provide a copy of the information described in paragraphs 4, 4.1, 5, 6, 8, 9, 9.1, 9.2, 10, 18, 19 and 20 of subsection (1) to an applicant for rent-geared-to-income assistance upon receipt of an application.

18. Schedule 1 to the Regulation is revoked and the following substituted:

Schedule 1
HOUSING PROGRAMS

Program Category Number	Program Description
Public Housing Programs (1 (a) and 1 (b))
1 (a)	The public housing programs administered before January 1, 2001 by Local Housing Authorities for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Ontario Housing Corporation or jointly by the Ontario Housing Corporation and the CMHC
1 (b)	The public housing program administered before January 1, 2001 by the Ministry for the object of providing appropriate housing exclusively to applicants selected on the basis of being financially unable to obtain affordable, suitable and adequate housing on the private market, as determined by Ontario, in housing projects that immediately before January 1, 2001 were owned or leased by the Toronto Housing Company
Rent Supplement Programs (2 (a) and 2 (b))
2 (a)	All Rent Supplement Programs administered before January 1, 2001 by Local Housing Authorities or the Ministry that are not included under 2 (b), including:
	1. Rent Supplement — Regular
	2. Accelerated Rental CMHC
	3. Accelerated Rental OMC
	4. Community Integrated
	5. Assisted Rentals
	6. Limited Dividend
	7. Private Assisted Rental
	8. Ontario Rental Construction Plan
	9. Canada Rental Supply Plan
	10. Convert-to-rent
	11. Canada Ontario Rental Supply Plan
	12. Renterprise
	13. Low Rise Rehabilitation
	14. Ontario Rental Construction Loan
	15. Assisted Rental Housing
	16. Ontario Accelerated Family Rental Housing
2 (b)	Rent Supplement Programs administered before January 1, 2001 by the Ministry that are not included under 2 (a), with respect to units in projects owned, leased or administered by non-profit housing providers, including the following programs:
	1. Community Sponsored Housing Program (1978-1985)
	2. Community Sponsored Housing Program (P2500) (1978-1985)
	3. Ontario Community Housing Assistance Program (1978-1985)
Non-Profit Full Assistance Housing Programs (6 (a) and 6 (b))
6 (a)	With respect to non-profit housing providers other than non-profit housing co-operatives
	Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including:
	1. JobsOntario Homes
	2. The Ontario Non-Profit Housing Program (P-3000)
	3. The Ontario Non-Profit Housing Program (P-3600)
	4. The Ontario Non-Profit Housing Program (P-10,000)
	5. Homes Now
	6. Federal/Provincial Non-Profit Housing Program (1986-1993)
6 (b)	With respect to non-profit housing co-operatives
	Non-Profit Full Assistance Housing Programs administered before January 1, 2001 by the Ministry, not including the Municipal Non-Profit Housing Program, but including:
	1. JobsOntario Homes
	2. The Ontario Non-Profit Housing Program (P-3000)
	3. The Ontario Non-Profit Housing Program (P-3600)
	4. The Ontario Non-Profit Housing Program (P-10,000)
	5. Homes Now
	6. Federal/Provincial Non-Profit Housing Program (1986-1993)

 

 

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