Visitor and Guest Policy

Transcription

1 Item 6 May 31, 2013 Resident Services Committee To: Resident Services Committee From: President and Chief Executive Officer Date: May 6, 2013 Page 1 of 2 PURPOSE: Provide the Resident Services Committee with the new (Appendix A). RECOMMENDATIONS: It is recommended that the Resident Services Committee receive this report for information. REASONS FOR RECOMMENDATIONS: 1. Background This is Toronto Community Housing s first. This report provides a summary of the consultation process, key themes from the consultations and a communication plan to inform tenants, staff and key external stakeholders about the new policy. 2. Research and Consultation Staff, tenants and external stakeholders were engaged in the consultation process as follows: 256 field staff were consulted while attending a training session and through tenants from 10 tenant councils, youth workers, the Governance Committee, Seniors Lens Committee and Communications Committee provided feedback through face-to-face meetings. 88 tenants responded to an online survey. Legal clinics, agencies and the general public were given the opportunity to respond to an online survey. Guest policies from seven Ontario social housing providers were reviewed. Those involved in the consultations were engaged and eager to provide feedback. Their valuable contributions formed the foundation and development of the new policy.

2 Page 2 of 2 The following themes emerged from consultations with staff, tenants and external stakeholders: 1) The new policy should be mailed to tenants and translated into multiple languages. 2) Emphasize tenant s responsibilities with respect to visitors and guests. 3) Clarify the consequences for the tenant if a guest is not reported or not eligible to be in their unit. 4) The policy must respect the tenant s right to privacy. 5) The policy will apply to rent-geared-to-income and market rent households. 3. Next Steps The new policy will be communicated to staff, tenants and stakeholders based on the approved communications plan. Communication Plan The communication plan is attached as Appendix B. IMPLICATIONS AND RISKS: Potential Risks An increase in inquiries about the new policy, reason for the policy and impact of the new policy on tenants. Mitigating Risks A communication plan (see Appendix B) was created to inform staff, tenants and external stakeholders to make sure that the new policy is well known and understood. Eugene E. Jones Jr. Eugene E. Jones Jr. President and Chief Executive Officer Attachment: 1: (Appendix A) 2: Communication Plan (Appendix B) Staff Contact: Wanda Evans Manager, Operational Initiatives wanda.evans@torontohousing.ca

3 Policy Owner: Program Services Policy Type: Management Policy First Approved: Approved By: Executive Last Reviewed: New Policy Policy Summary Tenants may have Visitors 1 or Guests 2 in their homes. Toronto Community Housing and other social housing providers know that from time to time Tenants may have guests who stay with them in their homes for a number of days at a time. These might include out-oftown guests, or persons who Tenants have personal relationships with and are not part of their households. This policy explains the way Toronto Community Housing will manage Visitors and Guests of all Toronto Community Housing Tenants. Policy Statement The defines Toronto Community Housing s practice for dealing with Visitors and Guests. It supports our commitment to equitable and quality service and meets legislative requirements. A Tenant may have a Guest stay in their home for a maximum of 30 days, in total, within a 12-month period. The 30 days may be consecutive or non consecutive days and applies to any one individual that stays in the Tenant s unit. In Special Cases as defined below, Guests may stay in a unit longer than 30 days. Tenants are responsible for the actions and behaviors of their Visitors and Guests. 1 See definition of Visitor below. 2 See definition of Guest below. Page 1

4 Purpose The purpose of this policy is to make sure that all Tenants understand their responsibilities related to Visitors and Guests and for Toronto Community Housing to meet the following objectives: Explain when a person is considered a Guest; Explain when a market rent household is required to inform Toronto Community Housing of changes to their household composition as required by this policy and further supported by the Addition to Household Composition Directive; Explain when a rent-geared-toincome household is required to inform Toronto Community Housing of changes to their household composition as required by this policy and further supported by the Addition to Household Composition Directive; Establish the maximum length of time Tenants can have Guests; Establish exceptions to the maximum permitted time for Guests; Balance the Tenant s right to use their home and Toronto Community Housing s requirement to assess household eligibility for housing; Make sure that subsidies are based on the true household income, including anyone who moves into the unit; Help to make sure that subsidies are available to households that qualify; Ensure that residential units are not improperly transferred or sublet, Meet legislative requirements related to Guests as set out in the Housing Services Act, 2011 Scope This policy applies to all Toronto Community Housing households. If a person is not a Tenant, Occupant, Visitor, or Guest as defined by this policy, then such person will have no lawful authority to be present at the residential complex in question. Persons found in the unit who do not meet these definitions are considered an unauthorized occupant and have no rights to the rental unit. Standards Page 2

5 Toronto Community Housing staff is responsible for investigating cases where Tenants appear to have Guests staying with them for more than 30 days. Definitions Visitors Are persons who visit a Tenant and do not require temporary accommodation with the Tenant, who are not part of the Tenant s household, and who maintain a home address outside the Tenant s unit. Guests Are persons who require temporary accommodation with a Tenant, who are not part of the Tenant s household and maintain a home address outside the Tenant s unit. Guests may stay, in a Tenant s unit, but their stay cannot exceed the maximum of 30 days, in total, within a 12-month period. Occupants For RGI tenancies, an Occupant is a person who is a declared member of an RGI household, who has been added to the household with Toronto Community Housing s consent, but who has not signed a lease with Toronto Community Housing. For market rent tenancies, an Occupant is a person who has been added to a market household, with Toronto Community Housing s consent, but has not signed the lease. Or an undeclared and/or unauthorized persons living in a market rental unit. 3 Tenants Tenants are persons who have signed a lease and have all Tenant rights and responsibilities related to the tenancy. Live-in A live-in Guest is a person who is staying in your unit two days in a row. The live-in Guest cannot stay longer than 30 days, in total, within a 12- month period, as described in this policy statement. Toronto Community Housing Staff This includes, but is not limited to, the Operating Unit Manager, Tenant Services Coordinator, and Superintendents, as well as property management agents acting on behalf of Toronto Community Housing. Policy Details Visitors 3 Toronto Community Housing reserves the right to take any legal action available against an unauthorized occupant of a rental unit or a tenancy which houses an unauthorized occupant. Page 3

6 Visitors may come to the unit as often as the Tenant invites them. Frequent Visitors may be asked to prove that they have a home address outside of the unit they are visiting. Tenants are responsible for telling all Visitors about this rule. Guests Tenants may have a Guest stay in their unit for a maximum of 30 days in total, within a 12-month period and are encouraged to report to Toronto Community Housing all persons staying in the unit for safety and emergency purposes. Guest who stays longer than 30 days Special Cases Tenants may report if a Guest stays in their unit over 30 days in any 12 month period. If Toronto Community Housing staff receives information that a Guest has been staying in the unit longer than 30 days, Toronto Community Housing staff will investigate and request documentation from the Tenant explaining the reason for the stay and information about how long the Guest is staying. Special Cases where a Guest may stay longer than 30 days might include, but are not limited to: An accommodation related issue as defined in the Toronto Community Housing s Human Rights, Harassment and Fair Access Policy and the Ontario Human Rights Code, such as the need for someone to provide supportive care to a person with a disability or provide short-term medical care or services as documented and prescribed by a licensed health care professional; or The Guest lives outside the country and has travel documents to prove their planned return date and leaves on that date. In all other cases, Toronto Community Housing may decline to allow the Guest to stay with the Tenant. If the Guest remains longer than 30 days without Toronto Community Housing s consent, Toronto Community Housing may pursue any legal rights available to it including, but not limited to: possible termination of subsidy if it is an RGI household; enforcement of any rights available to Toronto Community Housing under the Trespass to Property Act against the Guest, and any action against the tenancy available to Toronto Community Housing. Exception: If a member of a household requires a live-in caregiver who provides support services needed because of a household member s disability or medical condition, the caregiver Page 4

7 cannot be a member of the household. The Tenant must make a request in writing to have the live-in caregiver stay in the unit through their Operating Unit office. Limitations to stays longer than 30 days Toronto Community Housing staff may determine a situation is not a Special Case and a Guest is not allowed to stay longer than 30 days for the following reasons, including but not limited to: The Tenant does not provide appropriate documentation to explain why the Guest needs to stay longer than 30 days; The Guest does not intend to leave at the end of the agreedto term; Staff or Tenants have complained about the Guest s behaviour, and Toronto Community Housing is satisfied the complaints are well founded; The Guest is an unauthorized occupant; or The Guest(s) stay would result in non-compliance with Occupancy Standards, Toronto Municipal Code Property Standard. 4 Any person who is not a Tenant, Visitor, Guest, or Live-In Caregiver, as defined by this policy, is an unauthorized occupant and has no lawful right to be on the premises. Rights to Unit If the Tenant moves out of the unit, all other persons in the unit must also leave. Any Occupant, Guest, Visitor, Live-In Caregiver, or unauthorized person staying in the unit after the Tenant moves out will be: Ineligible for receipt of the household s RGI subsidy, and Identified as trespassing, and Toronto Community Housing will reclaim the unit. Unreported stay Guests, who stay in the unit, may cause the Tenant to lose their RGI 4 CHAPTER , Occupancy Standards, Toronto Municipal Code Property Standard: The maximum number of persons living in a habitable room shall not exceed one person for each nine square metres (96.8 sq. ft.) of habitable room floor area. The minimum floor area of a room used by two or more persons for sleeping shall be four square metres (43 sq. ft.) for each person using the room. df Page 5

8 subsidy due to failure to notify the landlord of changes in household composition as required by the Housing Services Act, If the Tenant loses their subsidy they will have to pay the market rent for the unit and will no longer qualify for RGI subsidy. The Tenant has the right to request a review of decisions related to their continued eligibility for rental subsidy. Market Rent Households A market rent Tenant: may allow a Guest to reside in their rental unit. The market rent Tenant may not, however, assign 5 or sublet 6 all or any part of the unit; is required by their lease to report any changes in household composition within 30 days of the change; may request to add another Tenant to their unit and sign a new lease; must report all persons living in the unit even if the Tenant does not wish to add the proposed occupant to their lease as a Tenant. It is essential for safety and emergency purposes that Toronto Community Housing knows who is living in its units. 5 See note 2 above. 6 See note 3 above. Occupants do not have any legal rights or entitlements to a Tenant s unit. Compliance The Operating Unit Manager, or designate, will monitor compliance with the policy on an ongoing basis by reviewing a random sampling of Tenant files. Governing and Applicable Legislation Ontario Human Rights Code Housing Services Act, 2011(HSA) Residential Tenancies Act, 2006 (RTA) Occupancy Standards, Toronto Municipal Code, Bylaw Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) Trespass to Property Act (TPA) Related Policies and Procedures Human Rights, Harassment and Fair Access Policy Rent-geared-to-income Tenancy Agreement Addition to Household Composition Directive Fraud Hotline Commencement and Review This policy takes effect Next Review Date [] Page 6

9 APPENDIX B APPENDIX B VISITOR AND GUEST POLICY COMMUNICATIONS STRATEGY OBJECTIVES Business Objective: Toronto Community Housing is launching a visitor and guest policy to ensure that reported household composition information is accurate and to protect tenants who may be taken advantage of by long-term guests. Communications Objective: Rent-geared-to-income and market rent tenants should be aware of, understand and adhere to the visitor and guest policy. CONTEXT Toronto Community Housing does not have a visitor and guest policy. Tenants have guests come and go as they please, often staying for long periods of time without being added to the household. In some cases, tenants are being taken advantage of by long-term guests who are a drain on their resources. Legislation limits the number of people who can live in a unit based on square footage. If guests are actually new household members they must be added to the household, the household income must be adjusted, and the household should be moved to a more suitable unit. TARGET AUDIENCE New, existing and potential rent-geared-to-income tenants which means anyone 16 years of age and older (therefore required to sign a lease) and market rent tenants Agencies that facilitate long- and short-term, in-home care for tenants Staff, in particular those in Operating Unit offices and in buildings KEY MESSAGES Toronto Community Housing has a visitor and guest policy to protect rent-geared-to-income tenants and their rent subsidies. Tenants are welcome to have overnight guests for a maximum of 30 days in a 12 month period. Tenants may have guests stay for more than 30 days in special cases. A guest is someone who maintains a home address elsewhere anyone else is an addition to a tenant s household. Tenant s guests who are not special cases will be in violation of Toronto Community Housing s guest policy. Tenants can (and are required to) report additions to their households so that household income can be reassessed and the household can be moved to a more suitable unit (if necessary). TACTICS Staff: o Share the policy and related information with affected staff via the Tenancy Questions address o Share the policy and Q & A with all staff on inhouse (news item) and include in This Week on inhouse as an FYI to staff. 1

10 APPENDIX B o Do specific education/communications to OU managers, superintendents, TSCs and CSCs could be an accompanied by: Q&A Create a poster that they can put up on their bulletin board announcing the new policy and letting resident know they can pick up a high-level info sheet and the full policy in the supers office or read more online. o Incorporate into the schedule for Bi-Weekly Policy Training Sessions. o Post info on the website so it is easier for staff to direct residents to the information and verify what our policy is when they get questions from residents Tenants: o Share the policy, Q & A, and high-level info sheet with Resident and Community Services team so it can be shared with residents at existing and ongoing tenant council meetings, Tenant Staff Communications Advisory Committee, Residents Services Committee of the Board and via with TERC and other tenant leaders o Announce the launch of the policy (with Q & A and high-level info sheet) on our web site (tenant section and what s new section) and on info screens in Operating Unit offices o Send to Editor of the Resident Newsletter Connection o Staff who are responsible for identifying residents who are not following the policy can send personalized letters about the new policy, consequences, next steps o Send the poster to superintendents to put up on their bulletin boards announcing the new policy and letting residents know they can pick up a high-level info sheet and the full policy in the supers office or on the web o Make Q &A, policy and high-level info sheet available at Operating Unit offices and by request through the Client Care Centre o Request that a message about the policy be put on the Client Service IVR Hold system o Incorporate the info into the Resident Guide (hardcopy and on-line) and development brochures (moving in and moving out) o The pros and cons of direct mailing to all tenants should be considered in light of all the other communications activities. If mailing is chosen, a discussion should be had regarding the impact of message and cost. EVALUATION We ll track requests to Operating Unit offices and the Client Care Centre for requests for copies of the policy and questions about the content. 2