O. Reg. 643/00: LOCAL HOUSING CORPORATIONS - TRANSITION RULES

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Social Housing Reform Act, 2000

ONTARIO REGULATION 643/00

Amended to O. Reg. 84/02

LOCAL HOUSING CORPORATIONS — TRANSITION RULES

Note: This Regulation was revoked on May 1, 2002. See: O. Reg. 84/02, s. 1.

This is the English version of a bilingual regulation.

1. (1) In this Regulation,

“common waiting list” means a single waiting list containing the names of all applicant households within a service area who are eligible to receive rent-geared-to-income assistance and are awaiting placement in rent-geared-to-income units; (“liste d’attente commune”)

“co-ordinated access system” means a system for determining the eligibility of applicant households within a service area for rent-geared-to-income assistance and for providing information to all or specified housing providers within a service area with respect to the eligibility of those households for rent-geared to-income assistance and, if there is a common waiting list, each household’s position on the list; (“système d’accès coordonné”)

“manual” means the Ministry of Municipal Affairs and Housing publication that is titled “Local Housing Authority Administration Manual” and is dated December 8, 2000, excluding section 04-08-01 bearing that date, but including section 04-08-01 bearing the date March 1, 2001. (“manuel”) O. Reg. 643/00, s. 1 (1); O. Reg. 161/01, s. 1.

(2) A local housing corporation that provides accommodation for households requiring provincially funded special needs support services is a supportive housing provider for the purposes of sections 3 to 9, but only with respect to the units in which such accommodation is provided or made available. O. Reg. 643/00, s. 1 (2).

2. (1) This Regulation applies to,

(a) housing projects whose ownership is transferred under section 34 of the Act to local housing corporations named in Schedule 1; and

(b) housing projects for which operating agreements are transferred under section 34 of the Act to local housing corporations named in Schedule 1. O. Reg. 643/00, s. 2 (1).

(2) If an interest in a housing project referred to in subsection (1) is subsequently transferred to another housing provider under paragraph 3 of subsection 50 (2) of the Act, sections 3 to 9 apply to the other housing provider, with necessary modifications, but only with respect to that housing project. O. Reg. 643/00, s. 2 (2).

(3) If a local housing corporation amalgamates with another corporation in accordance with clause 26 (1) (a) or (b) or subsection 26 (2) of the Act, sections 3 to 9 apply to the amalgamated corporation, with necessary modifications, but only with respect to housing projects referred to in subsection (1). O. Reg. 643/00, s. 2 (3).

3. The rules in sections 4 to 9 are prescribed for the purposes of Part V of the Act. O. Reg. 643/00, s. 3.

4. (1) A local housing corporation shall carry on its business and exercise its powers in accordance with the sections of the manual listed in Schedule 2. O. Reg. 643/00, s. 4 (1).

(2) In the interpretation of the manual for the purposes of subsection (1), a reference to anything mentioned in Column 1 of Schedule 3 shall be deemed to be a reference to the corresponding thing in Column 2 of Schedule 3. O. Reg. 643/00, s. 4 (2).

(3) If there is a conflict between this regulation and a rule mentioned in subsection (1), this regulation prevails. O. Reg. 643/00, s. 4 (3).

5. (1) A local housing corporation shall rent each unit that it owns, as soon as possible after the unit becomes vacant, to a household whose eligibility for the unit has been determined in accordance with sections 05-01-01 to 05-03-01 of the manual. O. Reg. 643/00, s. 5 (1).

(2) When a unit is subject to a rent supplement agreement that is administered by a local housing corporation, the corporation shall,

(a) require the owner of the unit to rent it, as soon as possible after it becomes vacant, to an eligible household selected in accordance with sections 05-01-01 to 05-03-01of the manual;

(b) require the owner to charge rent for the unit only in accordance with the Tenant Protection Act, 1997; and

(c) adjust the rent paid by the household occupying the unit to the extent required to bring the rent into conformity with sections 04-01-01 to 04-08-04 of the manual. O. Reg. 643/00, s. 5 (2).

6. (1) If, on the day before this Regulation comes into force, a co-ordinated access system was operated by a local housing authority serving the same area, the local housing corporation shall continue to operate and maintain the co-ordinated access system until the related service manager establishes a common waiting list under subsection 68 (1) of the Act. O. Reg. 643/00, s. 6 (1).

(2) If, on the day before this Regulation comes into force, a local housing authority serving the same area was participating in a co-ordinated access system, the local housing corporation shall continue to participate in the co-ordinated access system until the related service manager establishes a common waiting list under subsection 68 (1) of the Act. O. Reg. 643/00, s. 6 (2).

(3) If the local housing corporation is dissolved before the related service manager has established a common waiting list under subsection 68 (1) of the Act, the related service manager shall continue to operate and maintain the co-ordinated access system or to participate in it, as the case may be. O. Reg. 643/00, s. 6 (3).

(4) A local housing corporation, service manager or housing provider that operates and maintains or participates in a co-ordinated access system under this section shall select households to receive rent-geared-to-income assistance or to be accommodated in special needs housing, as the case may be, in accordance with sections 05-01-01 to 05-02-03 and section 05-03-01 of the manual. O. Reg. 643/00, s. 6 (4).

7. A local housing corporation that operates and maintains or participates in a co-ordinated access system under subsection 6 (1) or (2) shall, if a common waiting list has been established under the co-ordinated access system, select eligible households to receive rent-geared-to-income assistance only from the common waiting list. O. Reg. 643/00, s. 7.

8. Despite subsection 5 (1), clause 5 (2) (a) and subsection 6 (4), a local housing corporation, a related service manager acting under subsection 6 (3), and a housing provider described in subsection 6 (4) shall offer accommodation, in the next available unit that is either a modified unit or another type of special needs housing, to the first household on its waiting list for special needs housing that requires the type of unit that is available. O. Reg. 161/01, s. 2.

9. If a household that occupies a modified unit or another type of special needs housing is determined to be eligible for rent-geared-to-income assistance, the amount the household must pay to occupy the unit shall be reduced by the amount of rent-geared-to-income assistance for which the household is eligible. O. Reg. 161/01, s. 2.

SCHEDULE 1

Metro Toronto Housing Corporation

O. Reg. 643/00, Sched. 1; O. Reg. 282/01, s. 1; O. Reg. 370/01, s. 1; O. Reg. 410/01, s. 1; O. Reg. 451/01, s. 1; O. Reg. 83/02, s. 1.

SCHEDULE 2

04-01-01 VERIFICATION OF INCOME GUIDELINES

04-01-02 EARNED INCOME

04-01-03 UNEARNED INCOME

04-02-01 TYPES OF INCOME PRODUCING ASSETS

04-02-02 INTEREST INCOME

04-02-03 DIVIDEND INCOME

04-02-04 MORTGAGE OR LOAN INCOME

04-02-05 VERIFICATION OF ASSETS

04-03-01 TYPES OF NON-INCOME PRODUCING ASSETS

04-03-02 FINANCIAL HOLDINGS (NON-INTEREST BEARING ASSETS)

04-03-03 REAL ESTATE

04-03-04 PRECIOUS METALS, GEMS AND ART

04-03-05 TRANSFERRED ASSETS

04-04-01 TYPES OF SOCIAL ASSISTANCE

04-05-01 TYPES OF EXCLUDED INCOME

04-06-01 STEPS TO CALCULATE RENT

04-06-02 FAMILY COMPOSITION, INCOME AND ASSETS REVIEW, FORM 10

04-06-03 SENIOR CITIZENS INCOME AND ASSETS REVIEW, FORM 21

04-06-04 CALCULATING ADJUSTED FAMILY INCOME

04-06-05 SINGLE PARENT AND WORKING SPOUSE EXEMPTIONS

04-06-06 SECONDARY WAGE EARNER EXEMPTION

04-07-01 DETERMINING THE RENT SCALE TO USE

04-07-02 RENT-GEARED-TO-INCOME (RGI) SCALE

04-07-03 SOCIAL ASSISTANCE RENT SCALES

04-08-01 UTILITY CHARGES AND ALLOWANCES

04-08-02 OTHER CHARGES

04-08-03 PARTIAL MONTH RENT CALCULATION

04-08-04 MINIMUM AND MAXIMUM RENTS

04-09-02 OFFERS AND REFUSALS OF ACCOMMODATION

04-09-03 LEASE SIGNING

04-09-08 CABLE TELEVISION

04-09-12 TENANT HOME-BASED BUSINESS

04-10-01 INCOME REVIEWS

04-10-02 TEMPORARY FORMS OF INCOME

04-10-03 RENT FORGIVENESS

04-10-04 RENT DEFERRAL

04-10-05 SALE OF RESIDENCE

04-10-06 TWO YEAR INCOME VERIFICATION REVIEW PROCESS

05-01-01 ELIGIBILITY CRITERIA

05-01-02 SPECIAL PRIORITY POLICY FOR APPLICANTS WHO ARE ABUSED

05-01-03 REFUGEE CLAIMANTS

05-02-01 TENANT SELECTION

05-02-02 INCOME TARGET RENT

05-02-03 OCCUPANCY STANDARDS

05-02-04 LOCAL APPLICATION REVIEW COMMITTEE

05-02-05 INTERNAL REVIEW COMMITTEE

05-03-01 TENANT TRANSFERS

O. Reg. 643/00, Sched. 2.

SCHEDULE 3

INTERPRETATION OF MANUAL

Column 1	Column 2
Original Reference	Deemed Reference
A local housing authority, LHA or housing authority for an area	A local housing corporation
Ontario Housing Corporation or OHC	A local housing corporation
The board of a local housing authority, LHA or housing authority for an area	The board of a local housing corporation
Applicants to or tenants of Ontario Housing Corporation	Applicants to or tenants of a local housing corporation
Buildings or accommodation of Ontario Housing Corporation	Buildings or accommodation of a local housing corporation
A requirement for the approval of the Ministry or of a regional manager	A requirement for the approval of the related service manager
A requirement to report to the Ministry, a regional manager, Ontario Housing Corporation or one of its officers	A requirement to report to the related service manager
A power of the Ministry or of Ontario Housing Corporation to permit a thing	A power of the related service manager to permit the thing
A requirement or suggestion that the Legal Services Branch of the Ministry or of Ontario Housing Corporation be consulted or otherwise involved in a matter	A requirement or suggestion that a lawyer retained or employed by a local housing corporation be consulted or otherwise involved in the matter
The power of the Ministry under section 04-09-10	A corresponding power of the related service manager
The requirement in section 04-09-12 that a tenant’s home business be covered by an insurance policy naming the Crown, Ontario Housing Corporation and the local housing authority as additional insured parties	A requirement that a tenant’s home business be covered by an insurance policy naming the local housing corporation and the related service manager as additional insured parties
The reference to the interests of the Crown in section 04-15-01	A reference to the interests of the related service manager
The requirement in section 04-15-01 for the approval of a Ministry or Metropolitan Toronto Housing Corporation lawyer	A requirement for the approval of a lawyer retained or employed by the related service manager
A reference to a named form	A reference to the form of that name in use on December 31, 2000, as amended by the Minister, or if no such form was in use on that date, a reference to the form of that name approved by the Minister

O. Reg. 643/00, Sched. 3.

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