housing services act

Housing Services Act

Overview

January 1, 2012

Housing Service Act (HSA) comes into force

HSA Regulations come into force

Social Housing Reform Act is repealed


Part I Purpose and Interpretation

Part II Provincial Policies and Local Plans

Part III Service Managers

Part IV Local Housing Corporations

Part VRent-Geared-to-Income and Special Needs Housing


Part VIGeneral Rules for Transferred Housing Programs

Part VII General Rules for Certain Housing Projects

Part VIII Payment of Certain Housing Costs

Part IX Housing Services Corporation

Part X Miscellaneous

HSA - Regulations

O.Reg. 367/11 General

O.Reg. 368/11Designated Housing Projects – Section 68 of the Act

O.Reg. 369/11 Subsidies for Part VII Housing Projects

O.Reg. 370/11High Needs Households and Household Income Limits – Section 40 (4) of the Act

O.Reg. 298/01Determination of Geared-to-Income Rent under Section 50 of the Act


Purpose of the HSA is to provide for:

community based planning and delivery of housing and homelessness services

flexibility for service managers and housing providers in social housing administration

Housing and Homelessness Plans

Service manager must have 10 year housing and homelessness plan

Reviewed at least every 5 years

Plan will assess need, set priorities, and establish objectives, targets and performance measures

Development of initial plan and any amendments to it must include public consultation


Plan must incorporate matters of provincial interest

Active engagement of non-profit and co-operative housing providers in local strategies

Consultations

Social Housing Advisory Group

Plan must be approved and in place no later than January 1, 2014

Application of HSA

Designated housing providers under section 68 of the HSA include all providers for all programs transferred to service manager under SHRA

Part VII providers are subsidized under the HSA funding model and are required to operate in accordance with Part VII of the HSA

HSA is silent on the end dates for the service manager’s duty to pay subsidy and for the provider’s obligation to comply with Part VII of the HSA

Restrictions

Section 162 of the HSA requires housing providers have consent for the following transactions:

Service manager consent to mortgage a housing project or its land

Minister’s consent to transfer a housing project or its land

Similar restrictions were to have been registered on title under SHRA – deemed to have been changed under HSA

Will be reviewed at next Operational Review

Duty of Housing Providers

Section 69 of the Housing Services Act sets out general duties of housing providers:

General management of housing projects

Collection of rent and administration of leases

Provision of information to service manager as required

Preparation and implementation of plans related to governance and operation of provider

Section 75 of the HSA, allows the service manager to set local standards for housing provider operations


Housing Provider Plans


Housing providers must have plans for:

training of staff and volunteers

board succession strategies

education of members about governance of housing co-ops

Applies to all housing providers

Questions

1. What are the key considerations in the development and implementation of the housing provider plans?

2. What resources are available to providers in the development and implementation of the housing provider plans?

3. What supports will housing providers need from the Region of Durham in the development and implementation of the housing provider plans?


Housing Provider Standards


Service managers may set housing provider standards: (O. Reg. 367/11, s. 100)

Conflict of interest

Minimum number of Board meetings

Remuneration of directors

Property management

Leases

Multi-year financial plans

Applies to Part VII providers only

Conflict of Interest

Directive 2002-03 Conflict of Interest

Prohibits conflict of interest for directors, officers, agents and employees of provider:

business or personal interests conflict with provider

gain, benefit, privilege due to decision of provider

Notice to Board of all potential conflicts

Records of conflicts including minutes

Resolution of conflicts and involvement of Housing Services

Minimum Number of Board Meetings

Four per year under SHRA

No provincial standard under HSA

Remuneration of Board Members

Under SHRA, remuneration prohibited except for reasonable expenses

Under SHRA, paid employment prohibited except if:

Resident and employed part-time or temporarily

Non-resident and non-supervisor / non-management and:

not more than one fifth of directors are employed

if less than 5 directors, only one is employed

No provincial standard under HSA

Property Management

Projects must be well managed, in satisfactory state of repair and fit for occupancy

Only provincial standard under HSA – same as SHRA

Under SHRA, open and competitive hiring and procurement practices

Exceptions to open and competitive procurement practices if service manager agrees that such a process is not reasonable

Property Management (cont’d)

Under SHRA, property management contracts:

Maximum 3 years

Renewable

Able to be terminated in 60 days or 30 days for breach of contract

Set out goods and services to be provided by PM service and amount to be paid provider

Non- assignable

Provider must be given notice if control of property management corporation changes

Leases and Housing Agreements

Directive 2006-01 – Leases and Housing Agreements

Lease signed by all household members over age 18 or whose income is used to calculate RGI

Directive 2009-02 – Lease and Housing Agreement Provision Regarding Arrears

Provision in lease for sharing of arrears information with:

the Region of Durham access centres under SHRA SHSC a credit information company


SHRA standards required that the lease not exceed one year:

Set out market rate for unit

Set out RGI for one month / subject to change

Set out all other allowable charges for the unit

Restrict occupancy of unit

Require household notice if occupants change

Provider cannot refuse vacant possession if household agrees to payment schedule for unpaid charges at lease signing (e.g. last months rent)


Provincial standards for leases under the HSA:

must have a lease before providing RGI

notice of market rent prior to receiving RGI

cannot refuse to enter into a lease if household agrees to a payment schedule for unpaid charges at lease signing

Multi-year Financial Plans

No provincial standards under SHRA or HSA

Encouraged as a best practice


RGI, Waiting Lists, Regional Reviews and Special Needs Housing


Comes into force January 1, 2012

Replaces the Social Housing Reform Act

Part V – Rent-geared-to-Income Assistance and Special Needs Housing

Part X – Miscellaneous

Review of Certain Decisions – sections 155 - 159

Dealing with Information – sections 144 - 147

Housing Services Act - Regulations

Ontario Regulation 367/11 – General

Part VI – Rent-geared-to-Income Assistance and Special Needs Housing

Part XI – Miscellaneous

Ontario Regulation 298/01 – Determination of Geared-to-Income Rent Under Section 50 of the Act

Transition regulation

Housing Providers

RGI, Special Needs Housing and Review provisions apply to:

DRLHC

Part VII housing providers

Rent supplement including OCHAP and CSHP

Wider application - prohibition re: obtaining assistance, assistance improperly received, ERO, FSW

Dealing with Information provisions apply to all transferred housing programs

Service Agreements

Similar to SHRA, HSA gives service manager responsibility for RGI and wait list administration

Under Service Agreements with providers, the Region of Durham delegates authority under HSA for:

Determination of RGI eligibility

RGI calculations

Directives, memos, policy direction

New service manager rules required under HSA

RGI training

RGI Eligibility – Provincial Rules

At least one member of the household is over the age of 16 and able to live independently

All members of the household must be a:

Canadian citizen

Permanent resident or applicant for permanent residence

Refugee claimant

No enforceable removal order


No arrears owing for rent, damage by current member of the household, or misrepresentation with respect to a previous social housing tenancy unless:

Repayment agreement

Reasonable efforts to obtain a repayment agreement

Extenuating circumstances

Special priority applicants are responsible for only half the arrears on a joint tenancy with the abuser


Divestment of property remains a provincial rule

Property suitable for year round occupancy must be divested within 180 days of move-in

May extend time frame

12 month rule remains a provincial rule

RGI households that pay equivalent to market rent for 12 consecutive months are no longer eligible for RGI


Service manager may require pursuit of income:

Ontario Works

Employment Insurance

Support payments

OAS/GIS/GAINS

Sponsorship income

Pursuit of CPP is no longer required

Guidelines to be developed

RGI Eligibility – Local Rules

Income limits

New exclusion for income from the service manager toward the household's savings goals (asset building)

Memo 03-01 Income Limits

Modified to reflect changes in HILs


Asset limits

Clarifies that only one vehicle per member is excluded

New exclusions for all RESP funds and the value of asset building accounts

Directive 2002-17 Asset Limits

Ensure ALL RESPs are excluded under asset limits


No provincial ineligibility for convictions for fraud or misrepresentation, but service manager can set a local rule

Conviction must have occurred no more than two years before determination of RGI ineligibility, and be for an offence under:

the SHRA or HSA

Criminal Code in relation to receiving RGI

DASH to exclude LTB decisions


Service manager can have a local rule regarding absence from unit

Maximum absence cannot be less than:

60 consecutive days; and/or

90 days in a year

Exceptions for absences due to medical reasons

Directive 2002-16 Absence from Unit


No provincial ineligibility regarding number of offers

Service manager can make a local rule

Minimum 3 offers

Circumstances where an offer is not counted

DASH to continue with current practice of three offers pending review

Notification of Changes

Household must report changes within 30 days (or longer per service manager)

increased from 10 days (or longer)

letters do not refer to 10 day time limit

Directive 2002-04 (revised) Notification of Changes by Households Receiving RGI Assistance

Failure to Provide Information

Household must provide all information requested to determine RGI eligibility or RGI payable

No minimum provincial requirement

Provider to determine reasonable time frame for requested information

Allow for extenuating circumstances

Occupancy Standards

Service manager must have a local rule for occupancy standards

Local occupancy standards under HSA must make exceptions for:

medical/disability reasons

full time students living away from the household

Directive 2003-02

Occupancy Standards - Overhoused

Moving overhoused households is no longer a provincial requirement, but service manager may have a local rule

Local rule must ensure that overhoused households are not ineligible for RGI if:

overhoused for less than a year

following service manager process to transfer

Directive 2006-03 Overhoused Households to be amended

Review internal transfer lists

Review of RGI Eligibility

RGI eligibility reviewed every 12 months

Similar to SHRA, information is not required if:

service manager believes household is unable to provide

living in alternative housing and unable to provide

special priority could be at risk of abuse if provided

Review annual review forms and letters to ensure they reference HSA and not SHRA

RGI Waiting List

DASH continues to manage RGI waiting list

Region of Durham / DASH to develop system and rules per HSA:

System must include a centralized waiting list of new RGI applicants and RGI transfer requests

DASH determines priority on the waiting list

Applicants on waiting list under SHRA must be maintained

RGI Waiting List - Options

Option 1

Select highest priority household

Current system

Option 2

Select highest priority household that expressed interest in a vacancy

Vacancy information must be made available to all households eligible for unit

RGI Wait List - Priorities

Provincial Priority

Special Priority for victims of violence

Chronological according to date of application or request for transfer

Local Priority

Directive 2003-01 In-situ Priority

Directive 2004-03 Critical Priority

Memo 02-02 Transition to New Local Priorities

Internal Transfers

Providers may select an internal transfer for a vacant unit before proceeding to the RGI waiting list

Internal transfer requests – within the same provider – who are eligible for Special Priority have highest priority for the internal transfer

Provider determines priority of all other internal transfers requests

In-Situ Applicants

Service manager must have a rule for in-situ applicants

Provider may select a current market tenant for a vacant unit with service manager approval

Priority applies only with respect to other in-situ applicants in same project

Directive 2003-01 In-situ Priority

Transfers from Outside Service Area

Service manager may set a rule to allow for a transfer from outside service area

without regard to wait list or priority

if the applicant is RGI eligible in service area

if transfer is part of an exchange agreement with another service manager

Durham will not be setting this rule at this time

Refusals to Offer

Service manager must have a local rule permitting a refusal to offer when: household does not meet mandate of the project based on rental history, the housing provider

reasonably believes that the household may not pay rent on time and in full

it is unreasonable for the household to reside in the shared accommodation

the modifications or support services are significantly greater or less than what is required (special need housing only)

Refusals to Offer (cont’d)

Local rule must also require housing provider to:

notify the household of the refusal

review the decision to refuse if requested by the household

Notice and review rules apply to first refusal only

Records must be kept for 5 years

Guidelines to be developed

RGI Calculations

RGI calculations are unchanged

Ontario Regulation 298/01

sections 46 to 53

social assistance tables

utility tables

Annual tax-based RGI calculation still under review

Directive 2004-04 Quarterly reporting to be reviewed

Notice of Decisions

Notice of RGI decisions must be given in 7 days and must include:

the date of the decision

whether a review can be requested

if a review can be requested, the reasons for the decision and information about how to request a review

Effective Dates of RGI Changes

If RGI changes as a result of an annual review:

RGI increase is effective the 1st day of the second month following the date of notice

RGI decrease is effective the 1st day of the month following the date of notice

If RGI changes due to a mid year change:

RGI increase is effective the 1st day of the second month following the change

RGI decrease is effective the 1st day of the month following the change

Effective Dates of RGI Decisions

An RGI decision is effective on the later of the day in the notice and the day immediately after the last day for requesting a review

90 day notice of RGI eligibility

Opportunity to Comment

Opportunity to comment is no longer required

Apply procedural fairness when decisions are based in part on third party information

Complete information

All aspects considered

Regional Reviews / Appeals

Service manager must establish a review body to review certain decisions:

RGI eligibility and ineligibility

RGI payable

Application of occupancy standards

Priority on the RGI waiting list

Eligibility and ineligibility for special needs housing

Priority on the special needs housing waiting list

Regional Reviews / Appeals (cont’d)

Members of the review body must:

be knowledgeable about HSA

not have participated in original decision

not have discussed original decision prior to review

Local rules must set out timelines:

to request review – 10 days

to complete review – 30 days

for notice of decision – 5 days

Regional Reviews / Appeals (cont’d)

Directive 2004-01 Regional Review Process

Memo 06-07 Regional Review Process – Timeline Changes

Incorporates period of reconsideration

10 days

2 days for SPP

Approximately 30 reviews annually

Panel membership

Special Needs Housing

Special Needs Housing Administrators are:

Service managers

Supportive housing providers set out in Schedule 3 of O. Reg. 367/11

Administrator manages eligibility, waiting lists and sets local rules

Households living in modified or supportive units immediately receive RGI once determined eligible

Special Needs Housing Administrators

SCHEDULE 3HOUSING PROVIDERS THAT ARE SPECIAL NEEDS HOUSING ADMINISTRATORS (SECTION 17)

Item Service Manager Housing Provider/Special Needs Housing Administrator

6. Regional Municipality of Durham Borelia Co-operative Homes Inc.

7. Regional Municipality of Durham Cornerstone Community Association Durham Inc.

8. Regional Municipality of Durham Duffin’s Creek Co-operative Homes Inc.

9. Regional Municipality of Durham Durham Christian Homes Inc.

10. Regional Municipality of Durham Durham Region Non-Profit Housing Corporation

11. Regional Municipality of Durham Gateway Community Homes (Durham) Inc.

12. Regional Municipality of Durham Harmony-King Co-operative Homes Inc.

13. Regional Municipality of Durham Heritage Community Housing Corporation

14. Regional Municipality of Durham Maple Glen Housing Co-Operative

15. Regional Municipality of Durham Sunrise Seniors Place (Oshawa-Durham) Inc.

Special Needs Housing (cont’d)

Special Needs Housing Administrator must have a system for the selection of households waiting for special needs housing

wait list for each project

must select highest priority applicant that is eligible for modifications or supports of special needs unit

only Special Priority applies

DASH is responsible for modified units

Next Steps


Consultations


Review for local decisions

RGI Training and New Rules


Operational reviews

Social Housing Advisory Group

housing services act

Documents

year housing

delivery of housing

housing providersquestionswhat

cooperative housing

housing service act

forcesocial housing

providers obligation

service manager consent