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

 

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