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 Social Housing Reform Act is repealed
Housing Services Act
Part I
Purpose and Interpretation
Part II
Provincial Policies and Local Plans
Part III
Service Managers
Part IV
Local Housing Corporations
Part V
Rent-Geared-to-Income and Special Needs
Housing
Housing Services Act
Part VI
General 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. 368/11
Designated Housing Projects – Section 68 of the
Act
O.Reg. 369/11
Subsidies for Part VII Housing Projects
O.Reg. 370/11
High Needs Households and Household Income
Limits – Section 40 (4) of the Act
O.Reg. 298/01
Determination of Geared-to-Income Rent under
Section 50 of the Act
Housing Services 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
Housing and Homelessness Plans
 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 Services Act
Housing Provider Plans
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 Services Act
Housing Provider Standards
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 / nonmanagement 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
Leases and Housing Agreements
 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)
Leases and Housing Agreements
 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
Housing Services Act
RGI, Waiting Lists, Regional
Reviews and Special Needs Housing
Housing Services Act
 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
RGI Eligibility – Provincial Rules
 No arrears owing for rent, damage by current
member of the household, or misrepresentation with
respect to a previous social housing tenancy unless:
Repayment
Reasonable
agreement
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
RGI Eligibility – Provincial Rules
 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
RGI Eligibility – Provincial Rules
 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
RGI Eligibility – Local Rules
 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
RGI Eligibility – Local Rules
 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
RGI Eligibility – Local Rules
 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
RGI Eligibility – Local Rules
 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 3
HOUSING 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
 Housing and Homelessness Plans

Consultations
 Housing Provider Standards

Review for local decisions
 RGI Training and New Rules
 Housing Provider Plans

Operational reviews
 Social Housing Advisory Group