O. Reg. 643/00: LOCAL HOUSING CORPORATIONS - TRANSITION RULES, Filed December 15, 2000 under Social Housing Reform Act, 2000, S.O. 2000, c. 27
ONTARIO regulation 643/00
made under the
SOCIAL HOUSING REFORM ACT, 2000
Made: December 13, 2000
Filed: December 15, 2000
local housing corporations — transition Rules
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;
“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;
“manual” means the Local Housing Authority Administration Manual published by the Ministry of Municipal Affairs and Housing and dated December 8, 2000.
(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.
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.
(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.
(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).
3. The rules in sections 4 to 9 are prescribed for the purposes of Part V of the Act.
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.
(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.
(3) If there is a conflict between this regulation and a rule mentioned in subsection (1), this regulation prevails.
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.
(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.
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.
(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.
(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.
(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.
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.
8. (1) Despite subsection 5 (1), clause 5 (2) (a) and subsection 6 (4), a local housing corporation and a related service manager acting under subsection 6 (3) shall,
(a) give a household that is eligible for a modified unit priority access to such a unit; and
(b) give a household that is eligible for accommodation in housing units for which provincially funded special needs support services are provided or made available priority access to units sets aside for households requiring the type of special needs support services that the household requires.
(2) A household referred to in clause (1) (a) or (b) may also receive rent-geared-to-income assistance if it is determined to be eligible for it.
9. A local housing corporation shall offer accommodation in the next available rent-geared-to-income unit to an eligible household in the first position on a waiting list in accordance with the following rules:
1. The corporation shall give priority in receiving accommodation in a modified unit to a household on its rent-geared-to-income waiting list that requires such a unit.
2. The corporation shall give priority in receiving accommodation in special needs housing to a household in the first position on a waiting list for accommodation in special needs housing.
10. This Regulation comes into force on January 1, 2001.
Schedule 1
Metro Toronto Housing Corporation |
Durham Regional Local Housing Corporation |
Haldimand-Norfolk Housing Corporation |
Halton Housing Corporation |
Hamilton Housing Corporation |
Niagara Housing Corporation |
Ottawa Housing Corporation/La Société de logement Ottawa |
Peel Regional Housing Corporation |
Greater Sudbury Housing Corporation |
Waterloo Local Housing Corporation |
York Regional Housing Corporation |
Muskoka District Housing Corporation |
Brant and Brantford Local Housing Corporation |
Bruce County Housing Corporation |
Chatham-Kent Housing Corporation |
Dufferin County Housing Corporation |
Elgin and St. Thomas Housing Corporation |
Windsor-Essex County Housing Corporation |
Kingston & Frontenac Housing Corporation |
Grey County and Owen Sound Housing Corporation |
Hastings Local Housing Corporation |
Huron County Housing Corporation |
Sarnia & Lambton Housing Corporation |
Lanark County & Smiths Falls Housing Corporation |
Leeds and Grenville Housing Corporation |
Prince Edward-Lennox & Addington Housing Corporation |
London & Middlesex Housing Corporation |
Northumberland County Housing Corporation |
Oxford County Housing Corporation |
Perth & Stratford Housing Corporation |
Peterborough Housing Corporation |
Prescott and Russell Housing Corporation |
Renfrew County Housing Corporation |
Simcoe County Housing Corporation |
Cornwall and Area Housing Corporation |
Kawartha Lakes-Haliburton Housing Corporation |
Wellington and Guelph Housing Corporation |
Algoma District Housing Corporation |
Sault Ste. Marie Housing Corporation |
Cochrane District Local Housing Corporation |
Kenora District Housing Corporation |
Manitoulin Sudbury District Housing Corporation |
Nipissing District Housing Corporation |
Parry Sound District Housing Corporation |
Rainy River District Housing Corporation |
Thunder Bay District Housing Corporation |
Timiskaming District Housing Corporation |
|
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
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 |