city of stratford social housing directives local policies · 2013-11 forms and documentation...

City of Stratford Social Housing Directives

Local Policies

March 2015

CITY OF STRATFORD - SOCIAL HOUSING DIRECTIVES

INDEX

2013-01 Cessation of Eligibility Failure to Provide Information 2013-02 Pursuit of Income 2013-03 Maximum Housing Incomes 2013-04b Maximum Household Assets (Replaces 2013-04a) 2013-05 Convictions (Ineligible for Rent-Geared-to-Income Assistance) 2013-06 Maximum Absence from Unit 2013-07 Ceasing to Meet Occupancy Standards 2013-08 Refusal of Offers 2013-09 Occupancy Standards 2013-11 Forms and Documentation 2013-12 Removal from Wait List 2013-13 Temporary Removal from Wait List 2013-14 Review of Rent-Geared-to-Income Eligibility (Wait List) 2013-15 Selection of Rent-Geared-to-Income Household for Vacant Units 2013-16 Selection of Already Accommodated Households 2013-17 Alternative Housing Providers 2013-18 Refusal to Offer Unit by Housing Provider 2013-19 Special Needs Household 2013-21 Review of Continued Eligibility - Timing of Reviews, Documents 2013-22 Notice of Decision by Housing Providers 2013-23 Reimbursement of Rent-Geared-to-Income Assistance Overpayment

2013-24 Special Needs Housing 2013-25 Removal from the Wait List - Special Needs Housing 2013-26 Refusal to Offer Unit - Special Needs Housing 2013-27 Review of Special Needs Eligibility 2013-28 Limits of Local Standards - Conflict of Interest 2013-29 Limits of Local Standards - Property Management 2013-30 Limits of Local Standards - Minimum Number of Board Meetings 2013-31 Limits of Local Standards - Remuneration of Director 2013-32 Limits of Local Standards – Lease 2013-33 Limits of Local Standards - Multi-year Financial Plans 2013-35 Deferral or Forgiveness of Geared-to-Income Rent 2013-36 Annual Subsidy Estimates 2013-37 System of Review of Decisions - Special Needs Housing 2013-38 Review of Geared-to-Income Rent Payable – Annual Review 2013-39 Change in Rent Upon New Information Outside a Review 2014-40 System of Review of Decisions (Replaces 2013-34) 2014-41 System for Selecting Waiting Households (Replaces 2013-10) 2014-42 Local Priority (Replaces 2013-20) 2014-43 Carbon Monoxide Alarms


City of Stratford Social Services Department Housing Division 82 Erie Street, 2

nd Floor Stratford ON N5A 2M4

tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 www.stratfordcanada.ca

SUBJECT:

Directive Number: Date:

Cessation of Eligibility Failure to Provide Information

2013-01 March 2013 Page 1 of 1

Legislation Applicable () to the following social housing programs:

Federal Non-Profit Program

Private Non-Profit Program

Co-operative Non-Profit Program

Municipal Non-Profit Program

Public Housing Corporation

Background

Rent-Geared-to-Income households are required to provide information to determine their rent assistance. A household that fails to provide information ceases to be eligible for Rent-Geared-to-Income assistance. If a household fails to provide information to verify their eligibility for Rent-Geared-to-Income assistance, the Service Manager may determine that a household remains eligible for subsidy if extenuating circumstances exist.

Social Housing Policy City of Stratford

If a household fails to provide information to verify their eligibility for Rent-Geared-to-Income assistance, the household may continue to receive Rent-Geared-to-Income assistance in extenuating circumstances, such as medical emergencies, endangerment of Special Provincial Priority individuals, or other extenuating circumstances as determined by the Service Manager, which prevents or delays the Rent-Geared-to-Income household in attaining documentation verifying household status.

Housing Services Act 367/11 s.29

A household that has been determined to be eligible for Rent-Geared-to-Income assistance ceases to be eligible if the household fails to provide information requested by the Service Manager. The Service Manager may determine that the household remains eligible if the Service Manager is satisfied that there are extenuating circumstances.

Council: March 2013 Committee: February 2013





SUBJECT:

Directive Number:

Date:

Pursuit of Income

2013-02 March 2013 Page 1 of 2







Background

The Service Manager may require a Rent-Geared-to-Income household to pursue all income entitled to the household such as Ontario Works, Employment Insurance, Support/Sponsorship Payments and OAS/GIS/GAINS. A household that fails to pursue entitled income ceases to be eligible for Rent-Geared-to-Income assistance. If a household fails to pursue income, the Service Manager may determine that a household remains eligible for subsidy if extenuating circumstances exist.


If a household fails pursue entitled income, the household may continue to receive Rent-Geared-to-Income assistance in extenuating circumstances, such as medical emergencies, endangerment of Special Provincial Priority individuals, or other extenuating circumstances as determined by the Service Manager, which prevents or delays the household in pursuing entitled income.


If the Service Manager is of the opinion that a member of a household that is receiving Rent-Geared-to-Income assistance may be eligible to receive income of a type set out and the member is not receiving such income, the Service Manager may give the household a written notice,

(a) Stating that the member may be eligible to receive income of the type specified in the notice;

(b) Requesting the member to apply for that income and to make reasonable efforts to do whatever is required to obtain a decision on the application and receive that income; and

(c) Giving the household a reasonable period of time specified in the notice within which to inform the Service Manager of the results of the application.



tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 Page 2 of 2 www.stratfordcanada.ca

The Service Manager may determine that the household remains eligible if the Service Manager is satisfied that there are extenuating circumstances.






SUBJECT:

Directive Number:

Date:

Maximum Housing Incomes

2013-03 March 2013 Page 1 of 1







Background

The Service Manager can set a local rule regarding the maximum income of a household to be eligible for Rent-Geared-to-Income assistance. The maximum income for a unit specified in the local eligibility rule must be at least the household income limit prescribed, under Ontario Regulation 370/11 (High Needs Households and Household Income Limits – Subsection 40 (4) of the Act) made under the Act, for such a unit.


The maximum household income for Rent-Geared-to-Income eligibility is equivalent to the Household Income Limits found in Schedule 2 of Ontario Regulation 370/11, Housing Services Act, 2011, Subsection 40 (4) - High Needs Households and Household Income Limits.


A Service Manager may make a local eligibility rule requiring, for a household to be eligible for Rent-Geared-to-Income assistance, that the income of the household not exceed a specified maximum income.






SUBJECT:

Directive Number:

Date:

Maximum Household Assets

2013-04b June 2013 Page 1 of 3

Repealed Rules

This directive replaces Directive 2013-04a Maximum Household Asset which was previously issued March 2013.







Background

The Service Manager can set a local rule limiting assets of a household to be eligible for Rent-Geared-to-Income assistance.

Under the Housing Services Act, The City of Stratford may establish a local eligibility rule limiting the amount of assets that a household may have and still be eligible for RGI assistance. This is referred to as an asset limit.


The maximum asset limit for Senior Rent-Geared-to-Income units in designated Senior Housing programs is $200,000. The maximum asset limit for all other RGI units is $100,000. Any household with assets equal or greater than the above, excluding asset exemptions as defined in the Act (as listed below for reference), is ineligible for Rent-Geared-to-Income assistance and not eligible for placement on the Wait List for housing. Housing Providers are required to track and keep a record of assets for each RGI household and report to the Service manager annually.


HSA - 367/11 s.35 Maximum Household Assets

(1) A Service Manager may make a local eligibility rule requiring, for a household to be eligible for Rent-Geared-to-Income assistance, that the value of the assets of the household not exceed a specified maximum value.




(2) The local eligibility rule must provide that the value of the assets of the household is the total value of the assets of the members of the household other than assets that are excluded under the local eligibility rule. (3) The local eligibility rule may provide for different maximum values for units of different types and sizes and for units in different parts of the Service Manager’s Service Area. (4) The maximum value specified in the local eligibility rule must be at least $20,000. (5) Without limiting what else the local eligibility rule may exclude, the local eligibility rule must exclude the following from the value of the assets of the household:

1. The value of the interest of a member of the household in a motor vehicle that

is not used primarily for the operation of a business by a member of the household, subject to subsection (6).

2. The value of tools of a trade that are essential to the work of a member of the

household as an employee. 3. The value of assets of a member of the household that are necessary to the

operation of a business that the member operates or has an interest in, subject to subsection (7).

4. The value of a prepaid funeral. 5. The cash surrender value of a life insurance policy, subject to subsection (8). 6. The proceeds of a loan taken against a life insurance policy that will be used

for disability-related items or services. 7. If a member of the household has received a payment under the Ministry of

Community and Social Services Act for the successful participation in a program of activities described in paragraph 9 of section 26 of Ontario Regulation 134/98 (General) made under the Ontario Works Act, 1997, the value of any portion of that payment that, within a time that is reasonable in the opinion of the Service Manager, will be used for the member’s post-secondary education.

8. The value of funds held in a Registered Education Savings Plan, as defined in

section 146.1 of the Income Tax Act (Canada), for a child of a member of the household.

9. The value of the clothing, jewellery and other personal effects of a member of

the household. 10. The value of the furnishings in the accommodation used by the household,

including decorative or artistic items, but not including anything used primarily for the operation of a business.

11. The value of the beneficial interest in a trust of a member of the household

who has a disability if the capital of the trust was derived from an inheritance or from the proceeds of a life insurance policy, subject to subsection (9).




12. The value of funds held in a Registered Disability Savings Plan, as defined in

section 146.4 of the Income Tax Act (Canada), if the beneficiary of the plan is a member of the household.

13. The value of funds held in an account of a member of the household in

conjunction with an initiative under which the Service Manager or an entity approved by the Service Manager commits to contribute funds towards the member’s savings goals.

(6) Under paragraph 1 of subsection (5), the local eligibility rule is only required to exclude an interest of a member in a single vehicle, not in any other vehicle that member has an interest in. (7) Under paragraph 3 of subsection (5), the local eligibility rule is only required to exclude,

(a) The value of assets of a member of the household, up to a maximum of $20,000 for that member; and

(b) The value of assets necessary to the operation of a business, up to a maximum of $20,000 for that business.

(8) Under paragraph 5 of subsection (5), the local eligibility rule is only required to exclude the cash surrender value of life insurance policies up to a maximum value of $100,000 for the household. (9) Under paragraph 11 of subsection (5), the local eligibility rule is only required to exclude the value of beneficial interests of a member of the household up to a maximum value of $100,000 for that member.

Council: Revised: June 2013 Committee: Revised: June 2013





SUBJECT:


Convictions (Ineligible for Rent-Geared-to -Income Assistance) 2013-05 March 2013 Page 1 of 1







Background

The Service Manager may set a local rule indicating that a household is ineligible for Rent-Geared-to-Income assistance if convicted of:

• An offence under the HSA or the SHRA • A crime under the Criminal code in relation to the receipt of Rent-Geared-to-

Income assistance The conviction cannot have occurred more than two (2) years prior.


An applicant household will not be eligible for Rent-Geared-to-Income assistance for two (2) years following a conviction under the HSA or the SHRA or a crime under the Criminal code in relation to the receipt of Rent-Geared-to-Income assistance.


A Service Manager may make a local eligibility rule providing that a household is ineligible for Rent-Geared-to-Income assistance if a member of the household has been convicted of,

(a) An offence under section 55 of the Act or section 85 of the former Act; or

(b) A crime under the Criminal Code (Canada) in relation to the receipt of Rent-Geared-to-Income assistance.






SUBJECT:

Directive Number:

Date:

Maximum Absence from Unit 2013-06 March 2013 Page 1 of 2







Background

A Service Manager may establish a local rule regarding the length of time all members of a Rent-Geared-to-Income household can be absent from the unit.

If a service manager decides to establish a maximum absence period rule, O. Reg. 367/11 specifies the following limitations:

The local eligibility rule may provide for a maximum number of consecutive days, for a maximum number of days in a year or for both.

The maximum number of consecutive days specified in the local eligibility rule must be at least 60 consecutive days.

The maximum number of days in a year specified in the local eligibility rule must be at least 90 days.

The local eligibility rule must provide that a member of the household who is absent for medical reasons is deemed to not be absent.


A household receiving rent-geared-to-income assistance ceases to be eligible for such assistance if ALL of the members of the household have been absent from the unit for at least sixty (60) consecutive days and/or ninety (90) total days in a year. If a household has only one member and that member is absent from the unit for a period of time because of medical reasons, the member shall be deemed not to be absent from the unit during that period. If a household has two or more members, one member is absent from the unit for a period of time because of medical reasons, and the others are absent from the unit for that period of time because they need to be accommodated elsewhere as a result of the absence of the first member, all the members of the household shall be deemed not to be absent from the unit during that period.




This does not apply with respect to an absence where the service manager has determined that extenuating circumstances exist considering the household’s situation and/or risk related to a household member’s personal safety or health.


A Service Manager may make a local eligibility rule providing for a household to cease to be eligible for Rent-Geared-to-Income assistance if all the members of the household are absent from the unit for which the household receives Rent-Geared-to-Income assistance for more than the maximum number of days specified in the local eligibility rule.






SUBJECT:

Directive Number:

Date:

Ceasing to Meet Occupancy Standards 2013-07 March 2013 Page 1 of 2







Background

A Service Manager may make a local rule that would make households who are in a larger unit than they are eligible for, ineligible for Rent-Geared-to-Income assistance. The household must not be declared ineligible until at least one (1) year after being notified that they no longer meet the occupancy standards and they cannot be declared ineligible if they are following the Service Manager’s process to move to a different sized unit.


Households who are in a larger unit than they are eligible for will be placed on the Wait List for an appropriately sized unit in their current municipality/geographic area and/or a requested municipality in the Service Area once notified that they no longer meet the occupancy standards. The Housing Provider will inform the Service Manager that the household ceases to meet occupancy standards. Households who cease to meet occupancy standards will be given priority on the Wait List for a smaller unit over other applicants. The household cannot be ineligible for Rent-Geared-to-Income assistance until at least one year after being notified that they no longer meet the occupancy standards During the interim year, the household can refuse offers on three proposed unit. Upon the anniversary date of the cessation of occupancy standards notice, a household must accept the first unit offered by the Service Manager. A household who does not accept this offered unit must:

1. Pay market rent on their current occupied unit, if the household resides with a Housing Provider that has market rent units.




2. Vacate the unit, if the Housing Provider is only composed of Rent-Geared-to-

Income units, The over-housed household cannot be declared ineligible for Rent-Geared-to-Income assistance if they are following the Service Manager’s process to move to a different sized unit.


A Service Manager may make a local eligibility rule providing for a household to cease to be eligible for Rent-Geared-to-Income assistance if the household occupies a unit that is larger than the largest size permissible under the Service Manager’s occupancy standards.






SUBJECT:

Directive Number:

Date:

Refusal of Offers 2013-08 March 2013 Page 1 of 1







Background

The Service Manager can decide how many offers a household can refuse while on the Wait List for housing. The Service Manager may provide for circumstances where a refusal is not considered. The minimum number of refusals before a household ceases to be eligible must be three (3).


Households on the Centralized Wait List can refuse three (3) offers of housing based on the household’s application preference before being removed from the Wait List. A refusal as a result of extenuating circumstances such as medical emergencies, endangerment of Special Provincial Priority applicants, or other extenuating circumstances as determined by the Service Manager, will be not count as part of the three (3) eligible refusals.


A Service Manager may make a local eligibility rule providing for a household to cease to be eligible for Rent-Geared-to-Income assistance if the household refuses the specified number of offers of Rent-Geared-to-Income assistance in a unit in the Service Manager’s Service Area.

The local eligibility rule may provide for circumstances in which a refusal is not counted for the purposes of the rule.

The number of offers specified in the local eligibility rule must be at least three (3).






SUBJECT:

Directive Number:

Date:

Occupancy Standards 2013-09 March 2013 Page 1 of 3







Background

The Service Manager must establish occupancy standards.


The Occupancy Standards determine the size and type of unit in respect of which a household is eligible to receive Rent-Geared-to-Income assistance.

1. The largest unit a household is eligible for is determined in accordance to: i. One (1) bedroom for any two (2) members of the household who are

spouses of each other or same-sex partners of each other; ii. One (1) bedroom for each additional member of the household; and iii. Any additional bedrooms if requested that follow the criteria set out in

following section.

2. Additional bedrooms refers to: i. An additional bedroom if one of the spouses or same-sex partners

requires a separate bedroom because of a documented disability or medical condition;

ii. An additional bedroom if the room is required to store equipment required by a member of the household because of a disability or medical condition and where no other suitable storage area is available;

iii. An additional bedroom if the bedroom is required to accommodate an individual who is not a member of the household and who provides a member of the household with support services that are required on a regular basis because of the member’s disability or medical condition;

iv. An additional bedroom if a member of the household is pregnant: i) Medical confirmation may be required to confirm pregnancy.

v. An additional bedroom if: i) A member of the household has joint custody over a child who

is not a member of the household; ii) The member is required to provide accommodation for the

child;




iii) The bedroom is required to accommodate the child; and iv) Documentation verifying joint custody may be required.

vi. An additional bedroom if: i) A member of the household has visiting rights with respect to a

child who is not a member of the household; ii) It is a condition of the member’s visiting rights that the member

must provide adequate accommodation for the child when the child stays overnight with the member;

iii) The child will stay overnight with the member frequently; iv) The bedroom is required to accommodate the child; and v) Documentation verifying conditions of member’s visiting rights

may be required.

3. The smallest unit a household is eligible for is determined in accordance to: i. One (1) bedroom for every two (2) members of the household; ii. An additional bedroom if there is an odd number of members in the

household; and iii. If the household consists of one (1) individual or two (2) individuals

who are spouses of each other or same-sex partners of each other, the smallest unit the household is eligible for is a bachelor unit.

4. Students living away from a household is a child of a member of the household

if the child: i. Is in regular full-time attendance at a recognized educational

institution; and ii. While in attendance, does not live with the household; iii. Lives with the household while not attending that educational

institution; iv. Is dependent, in whole or in part, on the household for financial

support; and v. Verification of full-time attendance by child at a recognized educational

institution may be required.


The following are prescribed, for the purposes of subsection 43 (2) of the Act, as requirements that occupancy standards under subsection 43 (1) of the Act must comply with:

1. The standards must provide for the household to be permitted a larger unit than would otherwise be permitted if a larger unit is reasonably necessary due to a disability or medical condition of a member of the household.

2. The standards must treat a child of a member of a household as a member of the household, for the purposes of the occupancy standards, if the child:

i. Is in attendance at a recognized educational institution and, while in attendance, does not live with the household;

ii. Lives with the household while not attending that educational institution; and

iii. Is dependent, in whole or in part, on the household for financial support.

In subparagraph 2i of subsection (1), “recognized educational institution” means any of the following or a similar institution outside Ontario:

1. A school, as defined in the Education Act.

2. A university.




3. A college of applied arts and technology established under the Ontario Colleges of Applied Arts and Technology Act, 2002.

4. A private career college, as defined in the Private Career Colleges Act, 2005.

5. A private school, as defined in the Education Act, for which a notice of intention to operate has been submitted to the Ministry of Education in accordance with that Act.






SUBJECT:

Directive Number:

Date:

Forms and Documentation 2013-11 March 2013 Page 1 of 1







Background

The Service Manager determines guidelines for the collection of information and documents required to verify income and assets of applicants for Rent-Geared-to-Income assistance.


Applicants are required to provide written verification to the Service Manager of:

i. The income of any member of the household from any source ii. The interest of any member of the household in any asset and the value of the

interest of any member of the household in any asset iii. A signed consent form by all members of the household over the age of sixteen

(16) for the purpose of the determining eligibility for Rent-Geared-to-Income assistance.


An application to the Service Manager must include the information and documents required by the Service Manager and must be in a form authorized by the Service Manager.






SUBJECT:

Directive Number:

Date:

Removal from Wait List 2013-12 March 2013 Page 1 of 1







Background

The Service Manager must have rules for the removal of households from Rent-Geared-to-Income Wait List.


A household shall be removed from the Wait List if:

i. The household requests to be removed; ii. The household ceases to be eligible for Rent-Geared-to-Income assistance; or iii. The household has accepted an offer of Rent-Geared-to-Income assistance

within the Service Area.

A household is not removed from the Wait List if the household accepted:

i. An offer of emergency shelter; or ii. An offer of temporary housing that is provided while one (1) or more members of

the household are receiving treatment or counselling.


A household shall be removed from the Wait List if:

i. The household requests to be removed;

ii. The household ceases to be eligible for Rent-Geared-to-Income assistance; or

iii. The household has accepted an offer of Rent-Geared-to-Income assistance within the Service Area.

This does not apply to the acceptance of:

i. An offer of emergency shelter; or

ii. An offer of temporary housing that is provided while one (1) or more members of the household are receiving treatment or counselling.






SUBJECT:

Directive Number:

Date:

Temporary Removal from Wait List 2013-13 March 2013 Page 1 of 1







Background

The Service Manager must have rules for the temporarily removal of households from Rent-Geared-to-Income Wait List.


If a household so requests, the Service Manager may temporarily remove a household from the Wait List for a period of time agreed upon by the Service Manager and the household. Reinstatement of the household to the Wait List occurs when the agreed period of time has expired or at the time the household requests to be reinstated whichever is earliest


If a household so requests, the Service Manager may temporarily remove a household from the Wait List for a period of time agreed upon by the Service Manager and the household.

The Service Manager shall reinstate a household temporarily removed from the Wait List if:

i. The period of time, referred to in paragraph 7, has expired; or

ii. The household requests to be reinstated.






SUBJECT:


Review of Rent-Geared-to-Income Eligibility (Wait List) 2013-14 March 2013 Page 1 of 1







Background

The Service Manager is responsible for the management of the Centralized Wait List.


The Service Manager shall review the eligible of applicants on the Centralized Wait List for Rent-Geared-to-Income assistance every twelve (12) months.


For each household on the Wait List, the Service Manager shall determine, at least once in every twenty four (24) months period after the household was added to the Wait List, whether the household is still eligible for Rent-Geared-to-Income assistance.






SUBJECT:


Selection of Rent-Geared-to-Income Household for Vacant Units 2013-15 March 2013 Page 1 of 2







Background

The Service Manager is responsible for the management of Centralized Wait List for Rent-Geared-to-Income assistance including the ranking of applicants for access to housing.


The Service Manager will offer Rent-Geared-to-Income units based on the highest priority ranking of applicants on the Centralized Wait List for each housing provider in the Service Area from the earliest date of submission of an application for a specified Housing Provider. Applicants will be selected as follows:

1. Special Provincial Priority applicants. 2. Local Priority applicants. 3. Households under extenuating circumstances. 4. Household that are receiving Rent-Geared-to-Income assistance that cease to

meet occupancy standards. 5. All other applicants by date of application including those wishing to transfer

from one Housing Provider to another Housing Provider in the Service Manager’s Area. A household must have expressed interest in the project and meet occupancy standards for the vacant unit.

6. A lower priority household may be offered a unit if all higher priority households have not accepted the offer within a reasonable time.


A Service Manager’s system for selecting households must include rules that provide for the following in relation to the selection, for a vacant unit, of a household that will be receiving Rent-Geared-to-Income assistance:

1. Except as provided under paragraphs 5 and 7, the household shall be selected:

i. From the Centralized Wait List required under section 46; and




ii. In accordance with the Service Manager’s determination of priority under section 48 of the Act.

2. For the purposes of paragraph 1, the selection of a household in accordance with the Service Manager’s determination of priority under section 48 of the Act shall be made using one of the following methods, as determined under the Service Manager’s system for selecting households:

i. By selecting the highest priority household from among the relevant households: or

ii. After information about the vacancy has been made available to the relevant households, by selecting the highest priority household from among the relevant households that express interest within the specified time period.

3. If the method under subparagraph 2 i is used, a household with a lower priority may be selected if every other relevant household with a higher priority has been given an offer but has not accepted within a reasonable time.

4. If the method under subparagraph 2 ii is used, a household with a lower priority may be selected if every other relevant household with a higher priority that expressed interest within the specified time period has been given an offer but has not accepted within a reasonable time.

5. The Housing Provider may select a household, regardless of whether or not the household is on the Centralized Wait List required under section 46, if the household:

i. Occupies another unit operated by the Housing Provider in the Service Area;

ii. Is already receiving Rent-Geared-to-Income assistance; and

iii. Has requested a transfer to another unit operated by the Housing Provider in the Service Area.

6. In selecting a household under paragraph 5, the Housing Provider shall give a household in the Special Priority household category priority over a household that is not in the Special Priority household category.

7. If the rules so provide, the Housing Provider may select a household if:

i. The household occupies a unit in another Service Area;

ii. The household is already receiving Rent-Geared-to-Income assistance;

iii. The household has requested a transfer to a unit in the Service Manager’s Service Area;

iv. The Service Manager has determined that the household is eligible for Rent-Geared-to-Income assistance; and

v. The selection is part of an exchange arrangement under which households receiving Rent-Geared-to-Income assistance in different Service Areas will move between Service Areas.

8. A household may be selected only if the vacant unit is of a size and type that is permissible for the household under section 46 of the Act.






SUBJECT:


Selection of Already Accommodated Households 2013-16 March 2013 Page 1 of 2







Background

The Service Manager must have a rule that allows a Housing Provider to select a current market rent tenant (in-situ-tenant) that already occupies a unit in a designated housing project to receive Rent-Geared-to-Income assistance. The selection must be made from applicants on the Wait List and in accordance with priority rules - but only from households living in same project.


In-situ-tenants/members paying market rent can apply for Rent-Geared-to-Income assistance if they are eligible to receive assistance and have resided in their unit for twelve (12) months. The household must submit an application to be placed on the Centralized Wait List. The In-situ-tenants/members’ application is ranked by original date of application to the household’s current Housing Provider. Selection must be made from applicants on the Wait List and in accordance with priority rules - but only from households living in same project. The Housing Provider can offer the household Rent-Geared-to-Income assistance if the Provider is under target and has no vacant units.


A Service Manager’s system for selecting households must include rules that provide for the following:

1. The Housing Provider may, with the approval of the Service Manager, select a household that already occupies a unit in a designated housing project as a household to receive Rent-Geared-to-Income assistance.




2. A selection under paragraph 1 shall be made, in accordance with the Service Manager’s determination of priority under section 48 of the Act, from among the households that are on the Centralized Wait List required under section 46 and that already occupy units in the housing project.

Council: March 2013

Committee: February 2013





SUBJECT:

Directive Number:

Date:

Alternative Housing Providers 2013-17 March 2013 Page 1 of 1







Background

The Service Manager must have rules that exclude Alternative Housing Providers from Wait List and priority rules - if the Alternative Housing Provider agrees. An Alternative Housing Provider has a mandate, under section 76 of the HSA Act, to provide housing to households that are homeless or hard to house. An Alternative Housing Provider can opt out of the system for selecting households and that priority rules do not apply.


Emily Murphy Centre is deemed an Alternative Providers and is excluded from Wait List and priority rules.


A Service Manager’s system for selecting households must provide for the rules described in subsection (2) to not apply to an Alternative Housing Unit if the Alternative Housing Provider agrees. “Alternative Housing Unit” means a unit in a housing project operated by an Alternative Housing Provider that is made available to households that are homeless or hard to house.






SUBJECT:

Directive Number:

Date:

Refusal to Offer Unit by Housing Provider 2013-18 March 2013 Page 1 of 2







Background

The Service Manager’s system for selecting Wait List households for housing will set out reasons why a Housing Provider can refuse to offer a unit to an applicant, how an applicant will be notified by a Housing Provider of a refusal to offer a unit and how the Housing Provider will review the decision if requested to do so by the household.


Housing Providers have the ability to refuse to offer a unit to an applicant for the following reasons:

i) The household does not meet mandate of the project. ii) The household may not pay rent on time and in full. iii) The household does not agree to Housing Co-operative responsibilities. iv) Shared accommodation is unreasonable. v) Modifications or support services are significantly greater or less than what is

required (Special Needs Housing only). The applicant will receive notice of refusal to offer a unit within ten (10) business days of the decision being made by the Housing Provider. The applicant has a right to have the decision of refusal reviewed. The review is to be completed by the Housing Provider within thirty (30) days of the applicant’s request date. The Housing Provider must provide written notice to the applicant within ten (10) business days of the review decision. The review decision of the Housing Provider is final. Notices and reviews only apply to the first refusal.





A Service Manager’s system for selecting households must include rules that permit a Housing Provider, despite any other rule, to not offer a household a unit in a housing project described in subsection (2), in any of the following circumstances:

1. The Housing Provider has a mandate under section 76 of the Act and offering the unit to the household would be contrary to that mandate.

2. The Housing Provider has reasonable grounds to believe, based on the household’s rental history that the household may fail to fulfil its obligations to pay rent for the unit in the amount and at the times the rent is due.

3. The Housing Provider is a Non-Profit Housing Co-operative and the household does not agree to accept its responsibilities as a member of the Housing Provider or the Housing Provider has reasonable grounds to believe that the household will not accept or will be unable to accept those responsibilities.

4. The unit is one in which individuals will reside in a shared living situation and the Housing Provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation.

Council: March 2013






SUBJECT:

Directive Number:

Date:

Special Needs Households 2013-19 March 2013 Page 1 of 2







Background

The Service Manager is considered the designated Special Needs Housing Administrator for any Special Needs units - modified units without Housing Provider supports not listed in projects of designated Alternative Providers.


The Service Manager is the Special Housing Needs Administrator for the City of Stratford. Special Needs Housing means housing intended for use by a household with one (1) or more members who require accessibility modifications or provincially funded support services in order to live independently in their community. Applicants for Special Needs Housing who also require Rent-Geared-to-Income assistance are subject to Wait List rules for Special Needs Housing only. The following local regulations do not apply to Special Needs Housing:

i) Social Housing Policy 2013-15 Selection of Rent-Geared-to-Income Household for Vacant Units;

ii) Social Housing Policy 2013-16 Selection of Already Accommodated Households;

iii) Social Housing Policy 2013-17 Alternative Providers; iv) Social Housing Policy 2013-18 Refusal to Offer Unit by Housing Provider.

Households requiring Special Needs units are immediately eligible to receive Rent-Geared-to-Income assistance upon the Service Manager determining Rent-Geared-to-Income eligibility and an offer of a Special Needs unit.





A Service Manager’s system for selecting households must include rules that provide for the following in relation to Special Needs Housing:

1. None of the rules under section 47 to 50 shall apply with respect to Special Needs Housing.

2. A household in Special Needs Housing shall be selected for Rent-Geared-to-Income assistance upon the Service Manager determining that the household is eligible for Rent-Geared-to-Income assistance.






SUBJECT:


Review of Continued Eligibility - Timing of Reviews, Documents 2013-21 March 2013 Page 1 of 1







Background

Rent-Geared-to-Income eligibility continues to be reviewed every twelve (12) months or more frequently as determined by the Service Manager. The Service Manager determines what documents are required to review eligibility.


Rent-Geared-to-Income households are required to provide written verification, every twelve (12) months, with the anniversary date of their Rent-Geared-to-Income tenancy or where the review corresponds to the Housing Provider's fiscal year. The Service Manager requires verification of:

i. The income of any member of the household from any source; ii. The interest of any member of the household in any asset and the value of the

interest of any member of the household in any asset; and iii. A consent form signed by all members of the household over the age of

sixteen (16) for the purpose of the annual review of eligibility.


For the purposes of subsection 52 (1) of the Act,

(a) The periodic basis referred to in that subsection is once in every twelve (12) month period after the household began to receive Rent-Geared-to-Income assistance; and

(b) The other times referred to in that subsection are such other times as the Service Manager considers appropriate.






SUBJECT:

Directive Number:

Date:

Notice of Decision by Housing Providers 2013-22 March 2013 Page 1 of 2







Background

A notice of decision on household status by the Housing Provider to a Rent-Geared-to-Income household is to be given within seven (7) business days or within such other time period after the decision is made as determined by the Service Manager. A notice of decision on housing includes:

• A household not being eligible for Rent-Geared-to-Income assistance • The size and type of unit permissible to a household on Rent-Geared-to-

Income assistance • A household not included in a category given priority over other categories • The amount of rent payable by the household • A household that is no longer eligible for Rent-Geared-to-Income assistance • A household that is not eligible for Special Needs Housing • A household that is no longer eligible for Special Needs Housing

The opportunity to comment provision has been removed


A notice of decision on a household’s status with regards to their housing shall be forwarded to the household within ten (10) business days of the decision. Household may appeal the decision to the Service Manager


The notice of a decision shall be given within seven business days after the decision is made or within such other time period after the decision is made as the Service Manager may establish.






SUBJECT:


Reimbursement of Rent-Geared-to-Income Assistance Overpayment 2013-23 March 2013 Page 1 of 1







Background

The Service Manager is to determine reimbursement of Rent-Geared-to-Income assistance overpayment to a household.


The Service Manager will request reimbursement of an overpayment of Rent-Geared-to-Income assistance to a household if it is a result of misrepresentation by the household. The repayment of overpaid Rent-Geared-to-Income assistance by the household will be retroactive to beginning of the date of misrepresentation. The Service Manager will not request reimbursement of an overpayment of Rent-Geared-to-Income assistance to a household if the miscalculation in the Rent-Geared-to-Income assistance is a result of an error by a Housing Provider/Service Manager.

Housing Services Act 367/11 s.64 & s.65

(1) Under subsection 56 (2) of the Act, a Service Manager may not require a household to pay a difference that was the result of an error.

(2) Subsection (1) does not apply with respect to an error made by a member of the household.

Council: March 2013






SUBJECT:

Directive Number:

Date:

Special Needs Housing 2013-24 March 2013 Page 1 of 2







Background

The Special Needs Housing Administrator must have a system for selecting households that includes a Wait List for each Special Needs Housing Provider.


The Service Manager is the Special Housing Needs Administrator for City of Stratford. Special Needs Housing means housing intended for use by a household with one (1) or more members who require accessibility modifications or provincially funded support services in order to live independently in their community. The Special Housing Needs Administrator will keep a Wait List for each Housing Provider that has Special Needs units. Applicants with documented requirements for Special Needs Housing will be selected as follows:

1. Special Provincial Priority applicants in need of Special Needs Housing. 2. Local Priority applicants in need of Special Needs Housing. 3. Special Needs household that are receiving Rent-Geared-to-Income

assistance that cease to meet occupancy standards. 4. All other Special Needs Housing applicants by date of application including

those wishing to transfer from one Housing Provider to another Housing Provider in the Service Manager’s Area.

5. A lower priority household may be offered unit if all higher priority households have not accepted offer within a reasonable time.


A Special Needs Housing Administrator’s system for selecting households must include a Wait List for each housing project and the system must include rules that provide for the following:

1. Upon the Administrator determining that a household is eligible for Special Needs Housing, the household shall be added to the Wait List for each project for which




the household has indicated a preference.

2. A household shall also be added to a Wait List if the household,

i. Is occupying Special Needs Housing in the Administrator’s housing projects; and

ii. Has applied to be added to the Wait List because the household wishes to be transferred to a unit in the housing project to which the Wait List relates.






SUBJECT:


Removal from the Wait List - Special Needs Housing 2013-25 March 2013 Page 1 of 1







Background

The Service Manager must have rules for the removal of Special Needs households from Special Needs Housing Wait List.


A Special Needs household shall be removed from the Wait List if:

i. The Special Needs household requests to be removed; ii. The Special Needs household ceases to be eligible for Special Needs; or iii. The household has accepted a Special Needs unit in the Special Needs

Housing Administrator’s Service Area.


A household shall be removed from the Wait List if: i. The household requests to be removed; ii. The household ceases to be eligible for Special Needs Housing; or iii. The household has accepted an offer of Special Needs Housing in the

Administrator’s housing projects.






SUBJECT:


Refusal to Offer Unit - Special Needs Housing 2013-26 March 2013 Page 1 of 2







Background

The Special Needs Housing Administrator’s system for selecting waiting Special Needs households will set out reasons why a Housing Provider can turn down an applicant, how an applicant will be notified by a Housing Provider of a refusal to offer a unit and how the Housing Provider will review the decision if requested to do so by the household.


Housing Providers have the ability to refuse to offer a Special Needs unit to a Special Needs applicant for the following reasons:




4. The unit is one in which individuals will reside in a shared living situation and the Housing Provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation.

5. The level of support services that are provided in respect of the unit is significantly greater or significantly less than the level of support services required by the household.

The Special Needs applicant will receive notice of the refusal within ten (10) days of the decision being made by the Housing Provider.




The Special Needs applicant has a right to have the decision of refusal reviewed. The review is to be completed by Housing Provider within thirty (30) days of the Special Needs applicant’s request date. The Housing Provider must provide written notice to the Special Needs applicant within ten (10) business days of the review decision. The review decision of the Housing Provider is final. Notices and reviews only apply to first refusal.


A Special Needs Housing Administrator’s system for selecting households must include rules that permit a Housing Provider, despite any other rule, to not offer a household a unit in any of the following circumstances:




4. The unit is one (1) in which individuals will reside in a shared living situation and the Housing Provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation.

5. The level of support services that are provided in respect of the unit is significantly greater or significantly less than the level of support services required by the household.

Council: March 2013






SUBJECT:

Directive Number:

Date:

Review of Special Needs Eligibility 2013-27 March 2013 Page 1 of 1







Background

Special Needs eligibility continues to be reviewed every 12 months or more frequently as determined by the Special Needs Housing Administrator


Special Needs eligibility will be reviewed every 12 months, with the anniversary date of Special Needs tenancy, or where the review corresponds to the Housing Provider's fiscal year, by the Special Needs Housing Administrator. Special Needs Housing Administrator shall not require information and documents if:

1. Satisfied that the household is unable to provide them. 2. Satisfied that information or documents already provided are adequate to

determine continued Special Needs. 3. The Special Priority applicant may be endangered in the attainment of

documents.


The periodic basis referred to in that subsection is once in every 12-month period after the household began to occupy Special Needs Housing; and

The other times referred to in that subsection are such other times as the Special Needs Housing Administrator considers appropriate.






SUBJECT:


Limits of Local Standards - Conflict of Interest 2013-28 March 2013 Page 1 of 3







Background

The Service Manager can set local standards on defining conflict of interest.


Conflict of interest A conflict of interest exists if any of the following situations occur:

1. The personal or business interests of a Director, Officer, Agent or Employee of a Housing Provider are in conflict with the interests of the Housing Provider.

2. A personal gain, benefit, advantage or privilege is directly or indirectly given to

or received by a Director, Officer, Agent or Employee of the Housing Provider or a person related to one of them as a result of a decision by the Housing Provider.

3. A Director, Officer, Agent or Employee of the Housing Provider shall not enter

into any situation, arrangement or agreement which results in a conflict of interest.

4. Directors, Officers, Agents and Employees of the Housing Provider must notify

the chair of the Board of Directors of the Housing Provider of every potential or actual conflict of interest no later than the first meeting of the Board after the Director, Officer, Agent or Employee becomes aware that he or she has entered into a situation, arrangement or agreement that results in or may result in a conflict of interest.

5. The Board of Directors shall consider the notice given under subsection (4) no

later than the second meeting of the Board after the notice is given and consideration of the notice must be reflected in the minutes of the meeting.

6. The chair of the Board shall notify the Service Manager in writing of the receipt

of every notice under subsection (4) and the Board of Directors shall resolve




every conflict of interest or potential conflict of interest to the satisfaction of the Service Manager.

7. Despite subsection (3), a Director, Officer, Agent or Employee or a person

related to one of them may directly or indirectly receive a gain, benefit, advantage, privilege or remuneration from the Housing Provider if all of the following conditions are satisfied:

i) A notice of the conflict of interest or potential conflict of interest is given in accordance with subsection (4); and ii) The Service Manager agrees that there is no reasonable alternative for the Housing Provider other than entering into the situation, arrangement or agreement that results in or may result in the conflict of interest

8. For the purposes of this section, a person related to a Director, Officer, Agent

or Employee includes, but is not limited to, a parent, spouse, child, household member, sibling, uncle, aunt, nephew, niece, mother-in-law, father-in-law sister-in-law, brother-in-law or grandparent, or a person with whom the Director, Officer, Agent or Employee has a business relationship.

9. In this section, “child”, in relation to an individual, means a child of the

individual born within or outside marriage (unless that child has been adopted by one or more other individuals in Ontario or according to the law of another jurisdiction), a child adopted by the individual in Ontario or according to the law of another jurisdiction, and a child whom the individual has demonstrated a settled intention to treat as a child of his or her family, but does not include a child placed in the individual’s home as a foster child for consideration by another person having lawful custody; (“enfant”)

“Parent”, in relation to an individual, means a natural parent of the individual (unless the individual has been adopted by one or more other persons in Ontario or according to the law of another jurisdiction), an adoptive parent of the individual who has adopted the individual in Ontario or according to the law of another jurisdiction, and a person who has demonstrated a settled intention to treat the individual as a child of his or her family, but does not include a person in whose home the individual has been placed as a foster child for consideration by another person having lawful custody; (“père ou mere”)

“Spouse”, in relation to a person, means:

i) An individual who, together with the person, has advised the Housing

Provider that the individual and the person are spouses; or ii) An individual who is residing in the same dwelling place as the

person, if the social and familial aspects of the relationship between the individual and the person amount to cohabitation; and,

i. The individual is providing financial support to the person; ii. The person is providing financial support to the individual; or iii. The individual and the person have a mutual agreement; or

arrangement regarding their financial affairs. (“conjoint”).

Replacement of conflict of interest rules The conflict of interest provisions set out in this policy may be replaced for a Housing Provider by rules agreed to by the Housing Provider and the Service Managers for all areas in which its housing projects are located.





The following are prescribed, for the purposes of subsection 75 (2) of the Act, as matters with respect to which a Service Manager may make local standards:

1. Conflicts of interest of Directors, Employees and Agents of a Housing Provider.






SUBJECT:


Limits of Local Standards - Property Management 2013-29 March 2013 Page 1 of 2







Background

The Service Manager can set local standards on Procurement of Property Management


1. A Housing Provider shall establish and follow open and competitive practices

in hiring its Employees, subject to the provisions of any collective bargaining agreement to which the Housing Provider is a party, and in retaining persons to provide Property Management services for its housing projects.

2. A Contract for Property Management services for a housing project must be in

writing and must satisfy the following requirements:

i) The term of the Contract must not exceed three (3) years; ii) The Contract must not be renewable; iii) The Contract must be capable of termination by the Housing Provider on sixty (60) days written notice any time during the term of the Contract and on thirty (30) days written notice if the termination is for breach of the Contract, unless the parties to the Contract agree to shorter notice periods;

iv) The Contract must specifically identify and describe the nature of the goods and services provided under the Contract and the consideration to be paid by the Housing Provider; and

v) The Contract must be non-assignable.

3. Every corporation providing management services for a housing project shall

give notice to the Housing Provider of the housing project of any change in control of the corporation.



tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 www.stratfordcanada.ca Page 2 of 2

4. A Housing Provider is not required to follow open and competitive practices in

retaining persons to provide Property Management services if the Service Manager is satisfied that open and competitive practices are not appropriate in the circumstances in order for the Housing Provider to obtain a reasonable level of Property Management services at a reasonable cost.



4. Property Management relating to Part VII housing projects, including the

procurement of, and Contracts for, Property Management services.

Council: March 2013






SUBJECT:


Limits of Local Standards - Minimum Number of Board Meetings 2013-30 March 2013 Page 1 of 1







Background

The Service Manager can set local standards on minimum number of Board meetings.


The Service Manager requires Housing Providers to have a minimum of six (6) Board meetings in their fiscal year.



2. The minimum number of meetings of the Board of Directors of a Housing Provider that must be held.






SUBJECT:


Limits of Local Standards - Remuneration of Directors 2013-31 March 2013 Page 1 of 1







Background

The Service Manager can set local standards on remuneration of the Board.


No Director shall be remunerated for participating on a Housing Provider Board other than reimbursement for expense occurred through duties assigned to the Director by the Board.



3. The remuneration of the Directors of a Housing Provider.






SUBJECT:


Limits of Local Standards - Leases 2013-32 March 2013 Page 1 of 1







Background

The Service Manager may set local standards regarding leases in addition to provincial requirements.


The Service Manager requires Rent-Geared-to-Income leases to adhere to the following criteria:

1. The term of a lease can be annual or by month. 2. The term of lease is not to exceed one (1) year. 3. The lease must restrict occupancy of unit. 4. The lease must prohibiting subletting or assignment of lease. 5. The lease shall set out required signatories to the lease. 6. The lease shall refer to the market rent cost of the unit. 7. The lease shall set out the amount of initial Rent-Geared-to-Income

assistance. 8. The lease shall set out that Rent-Geared-to-Income assistance is subject to

change.



5. Leases for units in Part VII housing projects

Council: March 2013






SUBJECT:


Limits of Local Standards - Multi-year Financial Plans 2013-33 March 2013 Page 1 of 1







Background

The Service Manager can set local standards on multiyear financial plans.


The Service Manager will require Housing Providers to submit an annual Operating Budget ninety (90) days prior to the beginning of their fiscal year. Housing Providers are encouraged to have an update Replacement Reserve Plan (RRP) in place every three (3) years and to submit the updated RRP to the Service Manager when available.



6. Multi-year financial plans.






SUBJECT:


Deferral or Forgiveness of Geared-to-Income Rent 2013-35 March 2013 Page 1 of 1







Background

The Service Managers may defer or forgive rent upon request of a Rent-Geared-to-Income household. The flexibility may be useful in situations where income is unreliable (e.g., support payments that are irregular or when property has not yet been sold).


The Service Manager may allow for a unit that is receiving Rent-Geared-to-Income to defer payment of on a portion of the rent until such time unreliable sources of income, such as irregular support payments or property assets in escrow, are confirmed.

Housing Services Act 367/11 Chapter 6, Schedule 1, s.51

The Service Manager’s decision on an application and any resulting deferral or forgiveness of rent shall be made in accordance with the rules made by the Service Manager.






SUBJECT:

Directive Number:

Date:

Annual Subsidy Estimates 2013-36 March 2013 Page 1 of 1







Background

Housing Providers must provide all reports, documents and information requested by the Service Manager.


The Service Manager will require Housing Providers to submit an annual subsidy estimate ninety (90) days prior to the beginning of their fiscal year.

Housing Services Act 367/11 Chapter 6, Schedule 1, s.81

A Housing Provider shall give the Service Manager such reports, documents and information as the Service Manager requests at the times the Service Manager specifies






SUBJECT:


System of Review of Decisions - Special Needs Housing 2013-37 March 2013 Page 1 of 3







Background

The Service Manager must have a system for dealing with internal reviews for Special Needs Housing. The review body is responsible for reviews of decisions pertaining to Special Needs Housing:

• Ineligibility for Special Needs Housing • Ceasing to be eligible for Special Needs Housing • Priority on the Wait List for Special Needs Housing


Request to Review: A member of a Special Needs household may request an internal review of any of the following decisions:

1. Ineligibility for Special Needs Housing. 2. Ceasing to be eligible for Special Needs Housing. 3. Priority on the Wait List for Special Needs Housing.

The request must be received, in writing, within thirty (30) days after the household receives a notice of decision. The request for review can be made through the Housing Provider who immediately informs the Service Manager or directly to the Service Manager The internal review must be completed within ten (10) business days once the request is received. The household and the Housing Provider will be notified in writing of the internal review decision within five (5) business days of the review. For Special Provincial Priority Special Needs applicants, only the applicant and the Housing Provider, not the household, will be notified in writing of the internal review decision within five (5) business days of the review.




No decision will be made contrary to the Residential Tenancies Act, the Co-operative Corporations Act, the Housing Services Act and the Accessibility for Ontarians with Disabilities Act. Composition of Review Committee:

The Review Committee will consist of a quorum of two (2) Service Managers. The Service Managers will enter into an agreement to participate on the Review Committee. The Review Committee will receive training where necessary. A Service Manager can withdraw from the Review Committee with sixty (60) days written notice corresponding to the beginning of the calendar month. The Service Managers Members will not be financially compensated for participating on the Review Committee. Review Process: The Review Committee will consider all requests for review submitted in accordance with the requirements of the Housing Services Act. A review of decision will be undertaken by a quorum of two (2) Review Committee members. The two participating Review Committee members:

• Cannot be the Service Manager for the Service Area from which the review is requested

• Cannot have discussed the original decision with the decision-maker prior to review

The Review Committee will operate by majority consensus. The Review Committee will solicit necessary documentation from both the applicant and Housing Provider. The Review Committee will make decisions based on submitted written documentation unless the Local Service Manager finds that there is extenuating circumstances that requires the Review Committee to meet with the applicant and the Housing Provider. If the Review Committee meets with the applicant, the applicant may bring a translator, family members, friends, or other advocates of their choice. The Review Committee will have access to legal opinion if necessary. Payment of legal expenses is the responsibility of the Housing Provider whose decision is under review. Decisions of the Review Committee are final.





A Service Manager shall have a system for dealing with reviews requested.






SUBJECT:


Review of Geared-to-Income Rent Payable - Annual Review 2013-38 March 2013 Page 1 of 1







Background

In the annual review of Rent-Geared-to-Income assistance the Service Manager may determine the minimum amount of rent to be increased.


Rent increased for amounts less than $10.00 at the time of a recalculation of Rent-Geared-to-Income assistance during an annual review will be implemented.

Housing Services Act 298/01 s.52 (9)

If, on a review under this section, a Service Manager determines that the Geared-to-Income rent payable by a household should be increased by an amount less than $10, the Service Manager may decide, (a) to implement the increase; or (b) not to implement the increase.






SUBJECT:


Change in Rent Upon New Information Outside a Review 2013-39 March 2013 Page 1 of 1







Background

In the recalculation of Rent-Geared-to-Income assistance due to changes in household status outside the annual review period, the Service Manager may determine the minimum amount of rent to be increased.


Rent increased for amounts less than $10.00 at the time of a recalculation of Rent-Geared-to-Income assistance outside of an annual review will not be implemented.

Housing Services Act 298/01 s.53 (4)

If the Service Manager determines that the Geared-to-Income rent payable by the household should be increased by an amount less than $10, the Service Manager may decide, (a) to implement the increase; or (b) not to implement the increase.



City of Stratford Social Services Department Housing Division 82 Erie Street, 2nd Floor Stratford ON N5A 2M4 tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 www.stratfordcanada.ca

SUBJECT:

Directive Number:

Date:

Date:

System of Review of Decisions 2014-40 February 2014 February 2015 – Legislation Update **

Housing Services Act 367/11 s.139 Page 1 of 5

Repealed Rules

This directive replaces Directive 2013-34 System of Review of Decisions which was previously issued March 2013.


Federal Non-Profit Program Private Non-Profit Program Co-operative Non-Profit Program Municipal Non-Profit Program Public Housing Corporation

Purpose

To provide Social Housing Providers, Applicants and Tenants/Members procedures and standards related to notices of decisions, internal reviews of decisions, and a final review body for review of certain specific decisions as identified within the Housing Services Act 2011 (HSA).

Background

The Service Manager must have a system for dealing with internal reviews in which the review body must have procedural rules for reviews of the following decisions:

• Eligibility for Rent-Geared-to-Income assistance • Rent-Geared-to-Income payable • Occupancy standards (Size and type of unit for which a household is eligible) • Priority on Wait List • Special Needs Housing eligibility

The Service Manager must have rules pertaining to the appointment, removal and remuneration of members of the review body. The review system may be shared with other Service Managers. Rules must set out that members of the review body:

• Cannot have participated in original decision • Cannot have discussed original decision with decision maker prior to review • Be knowledgeable about HSA as it pertains to decision

City of Stratford Social Services Department Housing Division 82 Erie Street, 2nd Floor Stratford ON N5A 2M4 tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 www.stratfordcanada.ca Page 2 of 5

The Service Manager must have procedural rules for its internal review system that must include:

• When a review can be requested • When the decision of the review body must be made • Decisions re: SPP applicants must be made within ten (10) days of request • Notice of decision to SPP applicants must be given within five (5) days of the

decision • Notice must be given only to SPP applicant

The Service Manager may set additional procedural rules.


Request to Review: A member of a household may request an internal review of any of the following decisions:

1. The household is not eligible for Rent-Geared-to-Income assistance. 2. The household is not eligible for Special Needs Housing. 3. The size and type of accommodation in which the household may live. 4. The amount of Geared-to-Income rent the household pays. 5. The deferral of the Geared-to-Income rent that the household pays. 6. A household priority on the Wait List. 7. Other decisions subsequently prescribed by legislation

Notification of Original Decision:

Housing providers and HAC must notify households in writing of any decision regarding their

RGI assistance or placement on the centralized waiting list within 7 days of the decision.

Where the household is notified of a decision that may be reviewed, the notice must contain

the following information:

“If you disagree with this decision, you may request a Final Review of it within ten (10)

business days. To request a Final Review, you must write to your housing provider

using a Request for Review – Form 201 stating the reasons that you disagree with the

decision. If the Original Decision you are appealing was made by the Housing Access

Centre you may appeal directly to the Service Manager. You may request a Form 201

from your housing provider, the Housing Access Office or on the City of Stratford web-

site.”

The request must be received, in writing, within ten (10) business days after the household receives a notice of decision. The request for review can be made through the Housing Provider who immediately informs the Service Manager. If the Original Decision you are appealing was made by the Housing Access Centre you may appeal directly to the Service Manager.


The internal review must be completed within thirty (30) business days once the request is received.

The household and the Housing Provider will be notified in writing of the internal review decision within ten (10) business days of the review. For Special Provincial Priority Applicants/Households In accordance with the HSA, reviews of decisions related to a Special Priority household must be completed and the decision of the review body made within ten (10) business days after the request for the review is received; Notice of the decision and reasons of the review body must be given within five (5) business days after the decision was made; and Notice of the decision of the review body must not be given to any other member of the household other than the member who requested the review. Only the applicant and the Housing Provider, not the household, will be notified in writing of the internal review decision within five (5) business days of the review. No decision will be made contrary to the Residential Tenancies Act, the Co-operative Corporations Act, and the Housing Services Act. Composition of Review Committee: The Review Committee will consist of at a quorum of two (2) Service Managers. The Service Managers will enter into an agreement to participate on the Review Committee. The Review Committee will receive training where necessary. A Service Manager can withdraw from the Review Committee with sixty (60) days written notice corresponding to the beginning of the calendar month. The Service Managers will be compensated for mileage when required to meet in person. Review Process: The Review Committee will consider all requests for review submitted in accordance with the requirements of the Housing Services Act. A review of decision will be undertaken by a quorum of two (2) Review Committee members. The participating Review Committee members:

• Cannot include the original decision maker (for example, cannot include the City of Stratford’s Manager of Housing, if he/she participated in a Local


Housing Corporation decision that is being appealed) • Cannot have discussed the original decision with the decision-maker prior to

review The Review Committee will operate by majority consensus. The Review Committee will solicit necessary documentation from both the applicant and Housing Provider. The Review Committee will make decisions based on submitted written documentation unless the local Service Manager finds that there is extenuating circumstances that requires the Review Committee to meet with the applicant and the Housing Provider. If the Review Committee meets with the applicant, the applicant may bring a translator, family members, friends, or other advocates of their choice. The Review Committee will have access to legal opinion if necessary. Payment of expenses is the responsibility of the Housing provider whose decision is under review. Decisions of the Review Committee are final.


138. The following are prescribed, for the purposes of subsection 155 (4) of the Act, as requirements for a Service Manager’s system for dealing with reviews:

1. The rules included in the system must:

i. Provide for when a review may be requested;

ii. Provide for when the decision made by the review body must be made;

iii. Require that no individual who participated in the making of the decision being reviewed may participate in the review as a member of the review body;

iv. Require that an individual may only participate in a review as a member of the review body if the individual is knowledgeable about the provisions of the Act and the regulations that are relevant to the decision being reviewed; and

v. Require that no individual who previously discussed the decision being reviewed with the decision-maker participate in the review as a member of the review body and that, during such participation, no member of the review body discuss the decision with the decision-maker except in the course of the review.

2. With respect to a determination under subsection 48 (1) or 63 (1) of the Act that a household is not included in the Special Priority household category, the rules included in the system must require that:

i. A review must be completed and the decision of the review body made within ten (10) business days after the request for the review is received;

ii. Notice of the decision and reasons of the review body must be given within five (5) business days after the decision was made; and

iii. Notice of the decision of the review body must not be given to any other member of the household other than the member who requested the review.


* Legislation Update* s.139; February 2015

139. (1) For the purposes of section 159 of the Act, the date on which a decision is effective shall be determined in accordance with the following:

1. Subject to subparagraph 3 ii, a decision for which a review may be requested under section 156 or 157 of the Act is effective on the later of the day specified by the decision-maker and the day immediately after the last day for requesting a review.

2. Despite paragraph 1 or subparagraph 3 ii, the determination, under subsection 50 (1) of the Act, by a service manager of the amount of rent payable by a household when the household begins to receive rent-geared-to-income assistance for a unit is effective on the day specified by the service manager.

3. If a review is requested under section 156 or 157 of the Act on or after July 1, 2014,

i. the decision made by the review body is effective on the later of the day determined under paragraph 1 and the day specified by the review body, whether that day is before, on or after the day the review body made its decision, and

ii. the decision being reviewed is effective only if the review body provides for it to be effective and, if the review body so provides, the decision being reviewed is effective on the day the decision of the review body is effective. O. Reg. 367/11, s. 139 (1); O. Reg. 101/14, s. 2.

(2) In the event of a conflict between this section and sections 52 and 53 of Ontario Regulation 298/01 (Determination of Geared-To-Income Rent Under Section 50 of the Act) under the Act, sections 52 and 53 prevail. O. Reg. 367/11, s. 139 (2).

Council: March 2014 Committee: March 2014

Appendix:RequestforReviewofaDecision–Form201



SUBJECT:

Directive Number:

Date:

System for Selecting Waiting Households 2014-41 May 2014 Page 1 of 2

Repealed Rules

This directive replaces Directive 2013-10 System for Selecting Waiting Households which was previously issued March 2013.



Background

The Service Manager continues to be responsible for the management of a Centralized Wait List.


A household shall be added to the Wait List upon the Service Manager determining that the household is eligible for Rent-Geared-to-Income assistance. The Service Manager will offer Rent-Geared-to-Income units to applications on the centralized waiting list by “applied date” in a modified chronological format as follows::

1. Special Provincial Priority applicants (victims of domestic violence) are ranked highest, regardless of their date of application as per the Housing Services Act, 2011.

2. Households who cease to meet occupancy standards and are over-housed, will be given priority on the Wait List for a smaller unit over other applications, regardless of application date.

3. As determined by the Service Manager, households under extenuating circumstances, may be given Urgent priority other non-priority applications, regardless of application date.

4. Chronological applications Households already occupying a unit in the Service Area, already receiving Rent-Geared-to-Income assistance, and who wish to transfer to a unit of a different Housing Provider, can apply to be added to the waitlist by date of request.

City of Stratford Social Services Department Housing Division 82 Erie Street, 2nd Floor Stratford ON N5A 2M4 tel: 519-271-3773 fax: 519-273-7191 toll free: 1-800-669-2948 Page 2 of 2 www.stratfordcanada.ca


A Service Manager’s system for selecting households must include a Centralized Wait List for the Service Area and the system must include rules. A Service Manager’s system for selecting households must include a Centralized Wait List for the Service Area and the system must include rules that provide for the following:

1. A household shall be added to the Wait List upon the Service Manager determining that the household is eligible for Rent-Geared-to-Income assistance.

2. A household shall also be added to the Wait List if the household,

i. Is occupying a unit in the Service Area,

ii. Is receiving Rent-Geared-to-Income assistance, and

iii. Has applied to be added to the Wait List because the household wishes to be transferred to a unit of a different Housing Provider.

Council: May 2014

Committee: May 2014



SUBJECT:

Directive Number:

Date:

Local Priority 2014-42 May 2014 Page 1 of 1

Repealed Rules

This directive replaces Directive 2013-20 Local Priority which was previously issued March 2013.



Background

A Service Manager may determine local priorities. Local Priority applicants are ranked below Special Provincial Priority applicants. Local priority rules must provide that the amount of time a household has been on the Centralized Waiting List is a factor in determining relative priorities of non-Special Provincial Priority households.


The Service Manager may deem households experiencing extenuating circumstances, as Urgent Local Priority applicants. Applicants deemed Urgent are ranked over other non-priority applications, regardless of application date. Local Priority applicants are prioritized by date of application.


Unless a Service Manager’s priority rule provides otherwise, the priority of households that are not in the Special Priority household category is determined by the following dates, with a household with an earlier date having priority over a household with a later date.

Council: May 2014

Committee: May 2014

Housing Division Notice

Date: November 18, 2014 Directive Number: #2014-043 This applicable legislation/policy is to be implemented by the housing providers under the following programs: Please note, if your program is not checked, this change is not applicable to your project.


Subject: Carbon Monoxide Alarms Effective Oct. 15, 2014, Ontario has made carbon monoxide alarms mandatory in all homes and other residential buildings. Carbon monoxide (CO) is a colourless, tasteless and odourless gas produced when fuels such as propane, gasoline, natural gas, heating oil or wood have insufficient air to burn completely. This can happen in any appliance or device that burns these fuels such as a stove, furnace, fireplace, hot water heater, vehicle engine or portable generator. Exposure to CO can cause flu-like symptoms such as headaches, nausea and dizziness, as well as confusion, drowsiness, and loss of consciousness. In high concentrations, it can be fatal. More than 50 people die each year from CO poisoning in Canada, including an average of 11 people per year in Ontario (Parachute Canada statistics). Our government continues to work with its partners to improve safety from fire and CO for Ontarians. The attached document from the Ontario Ministry of Community Safety and Correctional Services provides a comprehensive overview of the dangers associated with carbon monoxide, compliance requirements, responsibilities, installation requirements, CO alarm standards, replacement and testing requirements and enforcement of the legislation. Specific questions or concerns should be directed to your local Fire Prevention Office.

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Direction: All Housing Providers are required to comply with the requirements for carbon monoxide alarms under the Fire Code. Ellen Balmain Manager of Housing Attachment