HIP. Policies & Procedures No. 25 Date: April 10, Subject: Refusal to Offer a Unit

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1 HIP Housing In Peel Policies & Procedures No. 25 Date: April 10, 2006 Subject: Refusal to Offer a Unit Reference: [O. Reg. 339/01, Amended to O. Reg. 557/05, Sections 17, 18, 19, and 20] Who is this applicable to? Please check: Municipal Non-Profit and Private Non-Profit Co-operatives Federal Non-Profit OCHAP/CSHP Rent Supplement Provider Points A household can only be refused a unit for one or more of the six reasons set out in legislation under O. Reg. 339/01 S.18 Housing providers must maintain a record of all written notifications and/or decisions for a minimum of 7 years. (O. Reg. 339/01 S.19) Housing providers must establish an internal review process that addresses the Refusal to Offer a Unit. (O. Reg. 339/01 S. 20) NOTE: This is separate from the existing Service Manager Appeal Process. Housing providers now have more time to: give written notices of refusal to offer a unit; carry out an internal review; and notify households of internal reviews decisions according to newly amended legislation O. Reg. 557/05 S. 18 & 20. It is suggested that the housing provider only extend timeframes up to a maximum of 30 calendar days. Under each Service Agreement signed with the Regional Municipality of Peel, social housing providers are required to comply with Regional policies and procedures.

2 Purpose/Overview To establish a standard process for housing providers to notify an applicant household, in writing, when a decision is made to refuse to offer a unit. Further, to set out the legislated procedure for the housing provider s internal review, whenever one is requested by the applicant household. Background Legislative/Discussion There are four sections under O. Reg. 339/01 that apply to a housing provider s decision to refuse to offer a unit to an applicant household. As indicated below, each of the four sections of legislation relate to a specific step in the overall refusal to offer a unit process. Notice of Decision Ontario Regulation 339/01, Section 17 Refusal to Offer Ontario Regulation 339/01, Section 18 Record of Refusal to Offer Ontario Regulation 339/01, Section 19 Internal Review of Refusal Ontario Regulation 339/01, Section 20 The entire process is fairly detailed with legislated timelines, noted below, having been set for key steps. Overall, the legislation puts great emphasis on a detailed process of communication between the housing provider and the applicant household, a clear appeal process, and the importance of maintaining a written record of this entire process for at least seven years. Action Required Service Manager s Role Monitor providers implementation of the refusal to offer process and ensure that there is no undue impact on applicants. Provide ongoing support to housing providers in regard to following the legislated procedure when refusing to offer a unit to an applicant. Provider Role As per legislation O. Reg. 339/01 S.17, 18, 19 & 20, housing providers must do the following: 1. If a housing provider offers a unit to a household, other than a household on the housing provider s waiting list for internal transfers, the housing provider shall give the service manager notice in writing of the household s decision to accept or refuse the unit. O. Reg. 339/01, s. 17 (1).

3 NOTE: currently, the on-line web application for access to the Centralized Waiting List notifies PATH immediately of all housing provider s acceptance or rejection of the applicant. EXCEPTION, Peel Living and the Rent Supplement Program utilizes the Region of Peel s internal process. 2. Only refuse to offer a unit to a household for one or more of the following six legislated reasons for refusal: a. selection of the household would be contrary to its mandate; (e.g. senior s only buildings, special needs units where household is not eligible etc. NOT cultural mandates). b. the housing provider has reasonable grounds to believe, based on the household s rental history, that the household may fail to fulfil the obligation to pay rent for the unit in the amount and at the times it is due; c. the household does not agree to accept its responsibilities as a member of the housing provider, if the housing provider is a non-profit housing co-operative, or the housing provider has reasonable grounds to believe that the household will not accept or will be unable to accept those responsibilities; (In the case of a Cooperative housing provider responsibilities may include attending the Annual Members meeting, cutting the grass, adhering to Co-op By-Laws, etc.; responsibilities do NOT include items such as plumbing repairs etc.) d. in the case of a unit in which individuals will reside in a shared living situation, the housing provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation; e. the housing provider has reasonable grounds to believe that the unit is not suitable for the household due to the physical characteristics of the unit in relation to the number, gender and ages of the members of the household; or f. in the case of special needs housing, the level of service required by the household is significantly greater or significantly less than the level of service provided to a household in the unit. O. Reg. 339/01, s. 18 (1). 3) A housing provider who refuses to offer a unit to a household shall notify the household of the refusal (after they have offered the unit to another household). The following rules apply to the notice: a) The notice must be in writing and given to the household not more than 10 days after the housing provider offers the unit to another household, or within such longer time frame as may be determined by the housing provider. O. Reg. 339/01, s. 18 (4); O. Reg. 557/05, s. 6 (2).

4 b) The notice must contain the reasons for the housing provider s refusal to offer the unit to the household and set out the facts on which the housing provider relied in making its decision. c) The notice must set out the procedures established by the housing provider for the internal review of the housing provider s refusal to offer the unit to the household. O. Reg. 339/01, s. 18 (4); O. Reg. 557/05, s. 6 (2). See Appendix 1 and 2 for a copy of a sample letter. The Internal Review Process 4) A housing provider shall establish procedures for the internal review of a refusal to offer a unit to a household. O. Reg. 339/01, s. 20 (1). In addition: a) An internal review must be carried out if a written request for the review from the household is given to the housing provider within 10 business days after the housing provider gives a notice of refusal to the household under section 18 or within such longer time frame as may be determined by the housing provider. b) The household may withdraw the request for internal review by giving written notice of the withdrawal to the housing provider before the review is completed. c) An individual who participated in the making of the decision to refuse to offer the unit to the household shall not participate in an internal review of that decision NOTE: According to O. Reg. 557/05 S.18 (3.1) In the case of a non-profit housing co-operative, if there is a committee of the board of directors of the co-operative responsible for membership selection, the members of the committee shall be deemed to be the individuals who participated in the decision to refuse to offer a unit. d) The internal review must be completed within 10 business days after the request for the review is received by the housing provider or within such longer time frame as may be determined by the housing provider. e) The housing provider shall give written notice of the result of the internal review to the household within five business days after the review is completed or within such longer time frame as may be determined by the housing provider. O. Reg. 339/01, s. 20 (2); O. Reg. 557/05, s. 7 5) The housing provider must maintain a record of the written notification of the internal review decision for a minimum of seven years after the date that the decision was issued to the household.

5 Helpful Hints The following sample form letters have been created for your use: i. Appendix 1: Notice of Refusal to Offer a Unit (Non-Profit or Co-op) ii. Appendix 2: Internal Review Request Form iii. Appendix 3: Notice of Final Decision after Internal Review O. Reg. 339/01 which has been amended to O. Reg. 557/05 now gives the housing provider flexibility around the time for notifying households of refusals to offer a unit, internal reviews and notice of final decision after an internal review. It is suggested that the housing provider only extend timeframes up to a maximum of 30 calendar days. The delivery method for the refusal notice affects the length of time that housing providers must give the household to respond. Housing providers may use the chart provided to determine the deadline for the household s right to an internal review. NOTICE DELIVERY METHOD If the notice is given Directly to a member of the household Left at the last known address of the person: in a place that appears to be where they would normally receive mail; or with a person who appears to be 16 years or older. Mailed to the last known address for the person DATE NOTICE RECEIVED The notice is deemed to be received by the household On the day it is given directly to the person On the first business day after it is left at the last known address On the fifth business day after it is mailed to the last known address. Examples If you give the written notification of the refusal to offer a unit directly to a member of the household, it is deemed that the household received the notice on the same day. As such, they have 10 business days from the day the notice is delivered to request an internal review. The number of days outlined in this example can be extended by the housing provider. It is suggested that the

6 housing provider only extend this timeframe up to a maximum of 30 calendar days. If you hand deliver the written notification of the refusal to offer a unit to the household and leave it in their mailbox, or leave it with someone who appears to be 16 years or older, it is deemed to be received on the 1 st business day after it is left. As such, the household would have 11 business days in total (10 legislated days + 1 extra day for delivery) from the date that notice is delivered to request an internal review. The number of days outlined in this example can be extended by the housing provider. It is suggested that the housing provider only extend this timeframe up to a maximum of 30 calendar days. If you mail the written notification of the refusal to offer a unit to the household at their last known address, it is deemed to be received by the household on the 5 th business day after it is mailed. As such, the household would have 15 business days in total (10 legislated days + 5 days for mailing) from the date that the notice is mailed to request an internal review. The number of days outlined in this example can be extended by the housing provider. It is suggested that the housing provider only extend this timeframe up to a maximum of 30 calendar days.

7 SAMPLE APPENDIX 1: Notice of Refusal to Offer a Unit (Non-Profit or Co-op)- Decision [LETTERHEAD] [TODAY S DATE] [NAME OF HOUSEHOLD] [CURRENT ADDRESS OF HOUSEHOLD] Dear [insert Household Name], You applied for a unit at [insert name of Non-Profit or Co-op] or you applied to us for special needs housing. We reviewed information available to us about your household, and have made a decision not to offer you a unit. If you do not agree with our decision, you are entitled to an internal review of this refusal. To receive an internal review you must make a written request using the attached Internal Review Request Form. This request must be received by us on or before [insert applicable date here. NOTE: Date must be 15 business days from the date of this letter. A date later than 15 days can be given by the housing provider, although it is suggested that the housing provider only extend this time up to a maximum of 30 calendar days). Reasons [Check one or more as applicable] The reason(s) for our refusal to offer the unit to you are: Selection of your household would be contrary to our Non-Profit s/co-op s mandate We have reasonable grounds to believe, based on your household s rental history, that your household may fail to fulfill the obligation to pay rent for the unit in the amount and at the times it is due Members of your household did not agree to accept their responsibilities as tenants/members of the Non-Profit/Co-op, or have given us reasonable grounds to believe that members of your household will not accept or will be unable to accept those responsibilities

8 The unit is one in which individuals will reside in a shared living situation and we have reasonable grounds to believe that it is unreasonable for your household to reside in the shared accommodation We have reasonable grounds to believe that the unit is not suitable for your household due to the physical characteristics of the unit in relation to the number, gender and ages of the members of your household The unit is special needs housing and the level of service required by your household is significantly greater or significantly less than the level of service provided to a household in a unit The unit is special needs housing and your household is not eligible for special needs housing Details [Fill in details below] The facts on which we relied in making our decision not to offer the unit to you are as follows: Thank you. [Sign above & print name of signing authority] [Insert legal name for Non-Profit/Co-op] [Date]

9 [LETTERHEAD] SAMPLE APPENDIX 2: Internal Review Request Letter Refusal to Offer a Unit (To be attached to Notice of Refusal to Offer Unit) Date: To: [insert Name of Non-Profit/Co-op] [insert Address of Non-Profit/Co-op] From: [insert Name of the Household who was refused the offer of a unit] According to your letter refusing to offer our household a unit in [insert name of Non- Profit or Co-op], I/we have until [insert due date for review request from notice letter to household] to ask for a review of your decision. I/We are requesting that you review your decision about offering us a unit. I/we would like you to carry out this review for the following reason(s): I/we understand that the decision from this review will be final. Signature of household member Date Signature of household member Date Signature of household member Date Office Use Only: Date Received: Received by:

10 SAMPLE APPENDIX 3: Notice of Final Decision after Internal Review Refusal to Offer a Unit [LETTERHEAD] [TODAY S DATE] [NAME OF HOUSEHOLD] [CURRENT ADDRESS OF HOUSEHOLD] Re: Notice of Final Decision - Refusal to Offer a Unit Dear [insert Household Name], On [date review requested by tenant] you asked us to review the decision that we would not offer you a unit in [name of Non-Profit/Co-op]. This is to advise you that, as a result of the review, we have made the decision to [enter the decision that was made at the review]. This decision is final. Sincerely, [Sign above and print name of signing authority] [Insert legal name for Non-Profit/Co-op]