TENANT SERVICES COMMITTEE PUBLIC SESSION. 9:30 a.m. 11:00 a.m.

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1 Date: April 6, 2018 Time: 9:00 a.m. 11:00 a.m. Location: Ground Floor Boardroom 931 Yonge Street Toronto, Ontario M4W 2H2 Toronto Community Housing Corporation TENANT SERVICES COMMITTEE PUBLIC SESSION 9:30 a.m. 11:00 a.m. Time Description Action Pre-read Presenter Public Agenda 9:30 1. Chair s Remarks Information Verbal Report Chair 9:35 2. Consent agenda Chair a) Approval of Public Meeting Agenda b) Chair s Poll re: Conflict of Interest c) Confirmation of the Public Meeting Minutes from January 29, 2018 d) Business Arising from the Public Meeting Minutes and Action Items Update TSC Approval Declaration TSC Approval Information Agenda Agenda and Conflict of Interest Policy Minutes Action Item List e) Safer and More Secure Communities, Q Update Information TSC: Senior Director, Community Safety Unit 9:40 3. OCHE Terms of Reference TSC and Board Approval TSC: Commissioner of Housing Equity

2 PUBLIC AGENDA TSC April 6, 2018 Page 2 of 2 Time Description Action Pre-read Presenter 9:50 4. Tenant Engagement Refresh Implementation Update 10: Tenant Survey Action Plan Update 10:20 6. Update on implementation of the Tenants First report TERMINATION Information TSC: Vice President, Resident and Community Services Information TSC: Director, Strategic Planning and Stakeholder Relations Information Presentation Representative from the City s Tenants First Project Team

3 Public Meeting Minutes January 29, 2018 Tenant Services Committee Page 1 of 6 The Tenant Services Committee ( TSC ) of Toronto Community Housing Corporation ( TCHC ) held a public meeting on January 29, 2018, in the Main Floor Conference Room, 931 Yonge Street, Toronto, and by teleconference commencing at 9:56 a.m. Committee Directors Present: Committee Directors not Present: Management present: Linda Jackson, Chair Councillor Frank Di Giorgio, Vice Chair (via teleconference) Robert Carlo (via teleconference) Catherine Wilkinson Councillor Michael Ford Marta Asturi, Legal Counsel and Assistant Corporate Secretary Angela Cooke, Vice President, Resident and Community Services Hugh Lawson, Director, Strategic Planning & Stakeholder Relations Graham Leah, Vice President, Asset Management Cynthia Summers, Commissioner of Housing Equity A quorum being present, Ms. Jackson, the TSC Chair, called the public meeting to order and Mr. Steven Iserhoff served as recording secretary. DEPUTATIONS Verbal deputations were received at the meeting from the following persons: Item 2D: William Lohman Item 3A: Alan Duddin Item 3A: Robert Frederickson ITEM 1 CHAIRS REMARKS The Chair and Management discussed the recently-published Toronto Ombudsman Report. The following was noted: The Ombudsman will present the report at the TCHC Board Meeting on February 23, 2018;

4 Tenant Services Committee Public Meeting Minutes January 29, 2018 Page 2 of 6 TCHC accepts and agrees with all recommendations in the report; and TCHC is committed to implementing all of the recommendations, and in doing so there will be consultation with many stakeholders including the City of Toronto, Toronto Public Health, Toronto Police Service and tenant consultation. CONSENT AGENDA ITEMS ITEM 2A APPROVAL OF PUBLIC AGENDA Motion carried ON MOTION DULY MADE by Ms. Wilkinson, seconded by Mr. Carlo and carried, the TSC approved the public meeting agenda. ITEM 2B DECLARATION OF CONFLICT OF INTEREST The Chair requested members of the TSC to indicate any agenda item in which they had a conflict of interest, together with the nature of the interest. None were declared. ITEM 2C Motion carried ITEM 2D Motion carried CONFIRMATION OF RESIDENT SERVICES COMMITTEE NOVEMBER 13, 2017 PUBLIC MEETING MINUTES The TSC had before it the draft public minutes for the public meeting held on November 13, ON MOTION DULY MADE by Ms. Wilkinson, seconded by Councillor Di Giorgio and carried, the TSC confirmed the abovecaptioned minutes without amendment. BUSINESS ARISING FROM THE PUBLIC MEETING MINUTES AND ACTION ITEMS UPDATE William Lohman deputed the item. ON MOTION DULY MADE by Ms. Wilkinson, seconded by Councillor Di Giorgio and carried, the TSC received the report for information.

5 Tenant Services Committee Public Meeting Minutes January 29, 2018 Page 3 of 6 ITEM 3A TERMS OF REFERENCE UPDATE TSC: The TSC had before it the above-captioned report (TSC: ). Alan Duddin and Robert Frederickson deputed the item. Cynthia Summers, Commissioner of Housing Equity ( Commissioner ) presented the report. Regarding the changes to the Office of Commissioner of Housing Equity s ( OCHE ) terms of reference, the TSC discussed the following: independence and integrity of the OCHE; Dispute resolution function of the Board; and Rationale for the President and Chief Executive Officer to provide comments on the quarterly reports. The TSC agreed to receive the comments today and review once more with the TSC before it goes to the Board. The TSC Chair requested TSC members to circulate any additional comments offline. Motion carried ON MOTION DULY MADE by Ms. Wilkinson, seconded by Councillor Di Giorgio and carried, the TSC received the report for information. ITEM 3B 2017 WORK PLAN PERFORMANCE REPORT TSC: The TSC had before it the above-captioned report (TSC: ) Cynthia Summers, the Commissioner, presented the report. The TSC and the Commissioner discussed the report and the following points emerged: The TSC thanked the OCHE for its work in 2017; and The TSC applauded the OCHE s ability to reach an engagement rate with tenants of 94.5%. Motion carried ON MOTION DULY MADE by Ms. Wilkinson, seconded by Mr. Carlo and carried, the TSC received the report for information.

6 Tenant Services Committee Public Meeting Minutes January 29, 2018 Page 4 of 6 ITEM 3C QUARTERLY PERFORMANCE REPORT (Q4- TSC: ) The TSC had before it the above-captioned report (TSC: ) The TSC and the Commissioner discussed the report and the following points emerged: The Commissioner noted that her office does not track if a tenant continues to pay rent regularly after the tenant has worked with OCHE; The Commissioner noted that she expects the new OCHE website to be fully functional by fall 2018; and The Commissioner noted that tenant input has been a major component in the development of the new OCHE website. The TSC, Commissioner and Management discussed Attachment 2 of the report and the following points emerged: Management Action 1 Management confirmed that after reviewing all files referred to OCHE where there was a delay in service of the N4, no root cause was determined; and Management noted that because no root cause was determined, it will be undertaking an end-to-end workload analysis for Tenant Service Coordinators. Management Action 2 Management noted that it is working with the OCHE to attempt to project how many files will be referred to the OCHE, and although Management cannot determine a specific number of referrals it can confirm that the number of referrals may increase. Management Action 3 Management noted that an evaluation of the Tenant Service Coordinator Service Delivery Model has not begun yet as the evaluation is a component of collective bargaining with CUPE Local 79, which is currently underway.

7 Tenant Services Committee Public Meeting Minutes January 29, 2018 Page 5 of 6 Motion carried ON MOTION DULY MADE by Ms. Wilkinson, seconded by Mr. Carlo and carried, the TSC received the report for information. ITEM 4 TENANT SATISFACTION SURVEY ACTION PLAN VERBAL REPORT Hugh Lawson, Director, Strategic Planning and Stakeholder Relations, delivered a PowerPoint presentation that was circulated to the TSC. The presentation outlined action items that resulted from the 2017 Tenant Survey. The TSC and Management discussed the report and the following points emerged: The TSC suggested that tenants input be used for programs such as developing the Vendor Performance Evaluation TSC Policy as tenants are the ones that are the end user of the vendors deliverables; and Management committed to conducting the tenant survey on an annual basis. Motion carried ITEM 5 ON MOTION DULY MADE by Ms. Wilkinson, seconded by Mr. Carlo and carried, the TSC received the report for information. TSC 2018 WORK PLAN (DEFERRED FROM RSC: NOVEMBER 13, 2017) The TSC had before it the above-captioned report (RSC: ). The TSC discussed whether the work plan should be more specific as opposed to high-level strategic matters, and the frequency of TSC meetings throughout the year. Motion carried ON MOTION DULY MADE by Ms. Wilkinson, seconded by Councillor Di Giorgio and carried, the TSC resolved to approve the following recommendation: 1. Approve the draft 2018 TSC Work Plan.

8 Tenant Services Committee Public Meeting Minutes January 29, 2018 Page 6 of 6 ITEM 6 UPDATE ON TENANT FORUM VERBAL REPORT Angela Cooke, Vice President, Resident and Community Services, delivered a PowerPoint presentation that was circulated to the TSC. The presentation outlined the successes and challenges of the 2017 Tenant Conference. The TSC and Management discussed the presentation, with multiple topics arising from the discussion. Tenant Forum The TSC indicated it was pleased with the Tenant Forum and that it looks forward to the next Tenant Forum in 2018; and Management noted that due to the short time it had to plan and execute the 2017 Tenant Forum, tenant engagement in planning it was limited. Management noted that in 2018, it will work towards having more tenant engagement in planning and maximize tenant participation. Tenant Representatives Management noted that the tenure for tenant representatives will be extended from March 31, 2018, and there will be a tenant replacement model deployed. Tenant Engagement System Refresh The TSC requested that Management provide an update on the Tenant Engagement System Refresh. ACTION ITEM Provide update on Tenant Engagement System Refresh TERMINATION ON MOTION DULY MADE by Ms. Wilkinson, seconded by Councillor Di Giorgio and carried, the RSC resolved to terminate the public meeting at 11:16 a.m. Secretary Chair, Tenant Services Committee

9 Toronto Community Housing Corporation Tenant Services Committee 931 Yonge Street, Ground Floor Conference Room Report on Business Arising from the Public Minutes and Action Item List # Report No. and Meeting Date 1. RSC: NOVEMBER 12, 2015 RSC: JULY 10, 2017 Description Status Target Date Assigned to Management to report back to the RSC on the funding allocation for the new Resident Engagement System. Bring back an implementation plan and Budget for the new system, and consult with R- PATH on accessibility issues. Complete. Management will provide an update on the Tenant Engagement System at the April 6 TSC Meeting. April 6, 2018 VP, Resident and Community Services JANUARY 29, TCSC: SEPTEMBER 27, 2012 Provide update on Tenant Engagement System Refresh Management will report back to the Committee with amendments to the process and policy on temporary relocation of the tenants whose houses will be for sale in future at a future meeting. Reviews by both the Service Manager and Mayor s Task Force are expected to raise related considerations that will need to be factored into the strategic direction to the Internal Transfer Policy and procedure. April 6, 2018 VP, Asset Management Page 1 of 5

10 # Report No. and Meeting Date Description Status Target Date Assigned to Management will review the wording of the transfer policy for clarification purposes with respect to safety / at risk. Management will consult with the Director of the Health Unit (now the Resident and Community Services) on policy matters related to medical priorities that are not legislated. The transfer policy is currently under review. Listed items are included in the scope of considerations to be reviewed. Any changes related to the areas outlined will be included in the transfer policy revisions. 3. RSC: September 20, 2017 Staff will look into the nonpriority and under-housed issues and will clarify the wording used. With respect to the report detailing Community Economic Developing Funding in Revitalization Communities, Management was requested to provide specifics (i.e. part-time or full-time) on jobs created from this funding. TCHC does not currently track part-time and fulltime employment opportunities given by community partners. Over 550 jobs have been created through CED funding as per the report provided to the RSC (currently the TSC) in September. However, which of these is part-time or full-time is not reported. April 6, 2018 Vice President, Resident and Community Services Page 2 of 5

11 # Report No. and Meeting Date 4. RSC: November 13, TCHC: July 27, 2017 Description Status Target Date Assigned to Provide a report that details an overview of the CSU s response to communities that have consistently high crime rates Management to report back on: 1. Analysis on elevator calls (i.e. elevator calls tagged to maintenance requests, stoppage etc.) 2. Analysis on emergency calls and timing Complete. Update provided in the Q Safer and More Secure Communities Report. Management to provide a memo regarding this item prior to the April 6 TSC Meeting. April 6, 2018 April 6, 2018 Senior Director, CSU Vice President, Facilities Management 6. TCHC: July 27, 2017 Management to report back on: 1. Implementation of arrears reduction strategy Asset Management, Resident Services and the Office of the Commissioner Housing Equity work closely under the guidance of the Arrears Collection Process to maintain successful tenancies. Where there is an opportunity to achieve enhancements or efficiencies to the process, the team continues to work collaboratively to implement necessary actions to effect change. April 6, 2018 Vice President, Asset Management Page 3 of 5

12 # Report No. and Meeting Date 7. January 26, 2017 January Board Meeting 8. TCHC: GCHRCC: C April 6, 2017 RSC May 15, 2017 Description Status Target Date Assigned to New Item E-Bike Policy: Management to report back on a draft E- Bike Policy. Items to be addressed include secure outside storage, resources to charge batteries, the impact on elevators and related cost information Tenant Survey With recently awarded contracts for contract management buildings, Management to report back on performance of new contractors versus previous contractors The GCHRCC requested that Management bring to the TSC: An over-arching document for tenant chargebacks that reflects TCHC s current practices and clarify if the document on tenant Management has reviewed the relevant legislation pertaining to E- Bikes as well as available mechanisms within the current lease to manage any potential safety/damage related issues. Currently policies provide necessary framework sufficiently manage any potential issues. Report to be presented at the next TSC committee to allow for 12 months of performance to be evaluated. The Toronto Community Housing currently has a robust process outlining the roles, steps and accountabilities related to Tenant Charges. Management will continue to work within the April 6, 2018 July 13, 2018 April 6, 2018 Vice President, Asset Management Vice President, Asset Management Vice President, Asset Management Page 4 of 5

13 # Report No. and Meeting Date Description Status Target Date Assigned to chargebacks should be a guideline or policy when it is brought to the Committee. parameters of process, if there are emerging issues that would merit changes to the process, management will endeavor to take the appropriate steps to either update the process or draft a new policy. Page 5 of 5

14 Page 1 of 6 Safer and More Secure Communities, Q Update Item 2E April 6, 2018 Tenant Services Committee Report: TSC: To: From: Tenant Services Committee ( TSC ) Senior Director, Community Safety Unit Date: March 15, 2018 PURPOSE: The purpose of this report is to provide the TSC with a report that outlines the Community Safety Unit s (CSU s) response to communities that have consistently high crime rates. RECOMMENDATIONS: It is recommended that the TSC receive this report for information. BACKGROUND: This report will provide the TSC with information on CSU s crime in Toronto Community Housing s ( TCHC s ) buildings, with a focus on communities that have consistently high crime rates. Reported Crime The various crimes that occur on TCHC property are reported to the CSU either by TCHC tenants, staff or external partners such as Toronto Police Service ( TPS ), Toronto Paramedic Services and Toronto Fire Services. TCHC houses 4% of the city s population but accounts for an inordinately high percentage of the incidents of violent crimes in the City. TCHC has been working to raise awareness of the prevalence of crime in our communities. Meetings were held with various City officials in an effort to

15 Page 2 of 6 identify further opportunities for collaboration to address violent crime in TCHC communities. Chart 1 below illustrates the number of reported crimes against person and property by Operating Unit ( OU ) that were attended to by TCHC s Special Constables in Q Crime includes all sexual assaults, assaults, robbery, homicide, discharge firearm, uttering threats, theft, break and enter, trespass, mischief, arson, etc. Chart 1 Q4 Reported Crimes by OU 250 Crime Reported by OU -Q A B C D E F G H I J K L M W X Y (See attached map of OU s) OU K and Y continue to be the communities that experience the highest crime rates. OU K This OU is a high density neighborhood (highest in the city) in a small geographical area. This coupled with the fact that social support agencies are also widely available in this area of the city results in a significant transient population that neither has roots in the community nor has any

16 Page 3 of 6 sense of ownership in the neighborhoods. A large portion of this population is vulnerable people, many of whom are challenged with substance abuse and/or mental health issues. The high crime rate in OU K mirrors the high crime rate reported by TPS Division #51 which is the area that OU K falls within. OU Y OU Y is very unique in that it is one of the largest of all OU s and it is spread across a large geographic area of the City of Toronto. Within this OU there are challenges related to high rates of street gang activity and there is also a large number of vulnerable persons residing in these TCHC communities. Many of the vulnerable persons are faced with substance abuse and/or mental health challenges which can contribute to occurrences of anti-social behavior. These challenges, when combined together, increase the opportunity for victimization. Actions Taken by CSU CSU recognizes the high demands of both OU K and OU Y and has put a number of initiatives in place. 1. Project X-Ray - Engages a community-based safety model which proactively addresses safety issues in South Saint James Town and Cabbage Town. 2. Increase in arrests CSU identified many persons who were failing to comply with probation or recognizance, and/or who were wanted on outstanding arrest warrants, therefore removing them from the community. 3. Additional resource - CSU is hiring an additional Community Safety Advisor who will be assigned to OU K to assist in serving the vulnerable tenants who are challenged with substance abuse and mental health issues. 4. Summer strategy - In anticipation of the summer safety related crime trends, CSU will develop a Summer Readiness Strategy. This strategy is to ensure that CSU is prepared to provide additional safety

17 Page 4 of 6 and security resources to identified hot spot communities which will include developments in OU K and Y. 5. Increased visibility - CSU has increased 3 rd party security presence in both OU K and Y. The increased visibility will deter anti-social activity. 6. Pilot Project - CSU is developing a proposal for a pilot project at Dan Harrison, in OU K. Subject to funding availability, the pilot is to remove third-party security guards from this site and replace them with six Special Constables to provide enhanced CSU presence 24 hours a day 7 days a week. This will increase the ability to resolve anti-social behaviour, allow for better documentation and to work with the OU to provide eviction for cause information when necessary. 7. Internal partnerships - Working more closely with Resident and Community Services. After hours Community Services Coordinators are present in the Central District office at 275 Shuter St. to engage and make time sensitive referrals to vulnerable persons. In 2018, CSU is hiring an additional twelve special constables to assist with serving our communities and tenants; however, working in a 24/7 environment, CSU will continue to experience challenges with low coverage due to the size and distribution of TCHC s portfolio. The impact of the above-noted actions should continue to reduce crime rates in OU K and Y, consistent with the decline that has already occurred in Q when compared to same period the previous year. Chart 1 above shows a reduction in reported crimes of 15% in OU K and a reduction of 1.5% in OU Y. IMPLICATIONS AND RISKS: The CSU acknowledges the high demands of both OU K and Y and is dedicating hours and resources to both these OU s. It is important to keep in mind that CSU resources are at times limited due to the various staffing challenges CSU experiences. Whether it be (1) the lengthy timeline to fill vacancies due to staff attrition, which on average takes months due to TPS background checks combined with our training program or (2) dealing with staff shortages/low coverage.

18 Page 5 of 6 CSU is cognizant of the resource challenges and the service needs of TCHC s tenants and communities, and has a hiring strategy in place. Currently CSU balances the resources available and deploys them according to risk and priority. SIGNATURE: William Anderson William Anderson Senior Director, Community Safety Unit ATTACHMENT: 1. Map of TCHC Operating Units STAFF CONTACT: Mona Bottoni, Manager, Planning and Business Support mona.bottoni@torontohousing.ca

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20 Page 1 of 4 OCHE Terms of Reference Item 3 April 6, 2018 Tenant Services Committee Report: To: From: TSC: Tenant Services Committee ( TSC ) Commissioner of Housing Equity Date: March 22, 2018 PURPOSE: To provide the TSC and the Board of Directors with an updated version of the OCHE Terms of Reference ( Terms of Reference ) for review and approval. RECOMMENDATIONS: It is recommended that the TSC accept the updated Terms of Reference (Attachment 3) to consider for approval, and forward them to the Board of Directors for final approval. REASONS FOR RECOMMENDATIONS: The current Terms of Reference were approved by the Board of Directors on December 5, The current Terms of Reference were reviewed in December 2016, although no required changes were noted at that time. In the Fall of 2017, the Commissioner of Housing Equity consulted with a range of interested parties on potential updates to the Terms of Reference. This consultation included: Linda Jackson, Chair of the Tenant Services Committee. Members of TCHC Executive Leadership Team, including:

21 Page 2 of 4 o Kathy Milsom, TCHC Chief Executive Officer, o Wayne Tuck, former TCHC Chief Operating Officer, o Graham Leah, TCHC Vice President of Asset Management, and o Angela Cooke, TCHC Vice President of Resident and Community Services. City of Toronto Staff, including: o Paul Raftis, General Manager, Shelter Support and Housing Administration, o Maria Varlokostas, Manager, Housing & Benefit Support, Shelter, Support & Housing Administration, o Michael Smith, Solicitor, Legal Services, and o Marta Chisu, Social Housing Consultant, Shelter, Support and Housing Administration. Members of the original Terms of Reference Working Group that drafted the Terms of Reference, including: o Ismail Ibrahim, TCHC General Counsel and Corporate Secretary, o Councillor Frank Di Giorgio, TCHC Board of Directors, o Catherine Wilkinson, TCHC Board of Directors, and o Sandra Rodriguez, Director, City Manager s Office, City of Toronto. As a result of the feedback received during the consultation process, a few minor revisions were recommended to the Board to update the Terms of Reference at the November 13, 2017 Resident Services Committee (now the TSC) meeting. There was unanimous agreement by all people consulted with the proposed changes, which included: changing references from resident to tenant ; increasing the text to 14 point font; updating the OCHE s reporting relationship from the Building Investment, Finance and Audit Committee to the Resident Services Committee (now the TSC);

22 Page 3 of 4 making small language changes for greater clarity, including some language describing the OCHE s Mandate; and details of the Board s decision to grant the OCHE a 5-year term extension. The original proposed changes to the Terms of Reference are all identified in the track changes version included as Attachment 1. This draft was submitted to the Resident Services Committee (now the TSC) meeting of November 13, At the November 13, 2017 Resident Services Committee (now the TSC) meeting, the TCHC General Counsel and Corporate Secretary indicated he had been contacted by the City of Toronto with potential concerns regarding the Terms of Reference. The Committee deferred voting on the updated Terms of Reference to the next Committee meeting to allow the General Counsel and Corporate Secretary time to consult with the City of Toronto as necessary. On January 15, 2018, the Chair of the Committee (the Chair ) advised the Commissioner that there had been subsequent discussions with the TCHC President and Chief Executive Officer, TCHC General Counsel and Corporate Secretary, and the City of Toronto, resulting in further changes to the Terms of Reference. The Chair provided the Commissioner with an updated version of the Terms of Reference. The Commissioner reviewed these changes and they include the following: updating the name of the Committee the OCHE reports to, from the Resident Services Committee to the Tenant Services Committee; modifying the dispute resolution function should a disagreement arise regarding the Commissioner s recommendations or TCHC s remedial actions, to require the Commissioner to seek Board support before accessing the Service Manager for assistance/advice; and require that the Commissioner provide copies of the OCHE s Quarterly Reports and Annual Performance Report to the President and Chief Executive Officer for comment, instead of providing them for information.

23 Page 4 of 4 The proposed changes to the Terms of Reference, including those changes made since November 13, 2017, are all identified in the track changes version included as Attachment 2. A clean copy of the proposed Terms of Reference for approval by the TSC and the Board is included as Attachment 3. The amendments to the OCHE Terms of Reference were presented at the January 29, 2018 TSC meeting. Upon reflection of the feedback provided at the TSC meeting, no further changes are being proposed to the OCHE Terms of Reference. IMPLICATIONS AND RISKS: Updating the Terms of Reference as proposed will ensure that the Terms of Reference are clear and reflect the OCHE s current reporting relationship to the Board. SIGNATURE: Cynthia L. Summers Cynthia L. Summers Commissioner of Housing Equity ATTACHMENTS: 1. Updated OCHE Terms of Reference - with Track Changes 2. Updated OCHE Terms of Reference with Track Changes including changes since November 13, Updated OCHE Terms of Reference Clean Copy including changes since November 13, 2017 STAFF CONTACT: Cynthia L. Summers, Commissioner of Housing Equity Cynthia.summers@oche.ca

24 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 TERMS OF REFERENCE OFFICE OF THE COMMISSIONER OF HOUSING EQUITY Date: December 3, 2015To be updated after Board approval. Background: The need for a Commissioner of Housing Equity was first identified in Justice Lesage slesage s Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation ( LeSage Report ) and was reinforced by the City of Toronto Ombudsman s Report Housing at Risk: An Investigation into the Toronto Community Housing Corporation's Eviction of Seniors on the Basis of Rent Arrears. The Toronto Community Housing Corporation ( TCHC ) Board of Directors approved the creation of the Office of the Commissioner of Housing Equity ( OCHE ) on December 11, The OCHE was fully staffed and operational as of April 1, The Commissioner of Housing Equity ( Commissioner ) reports to the TCHC Board of Directors, through the Building Investment, Finance and AuditResident Services Committee ( BIFACRSC ). 1. Recognition of Independent Role The OCHE is an independent office that operates at arms-length from TCHC operations and management. The Commissioner carries out the functions and responsibilities of the role in an independent manner. 2. Mandate a. The OCHE oversees TCHC staff compliance with TCHC policies, and procedures, as they relate to Evictions for Arrears and Loss of Subsidy ( TCHC Policies ). As well, the OCHE oversees TCHC staff compliance with applicable legislation and guidelines ( TCHC Policies ) relating to evictions for arrears and loss of subsidy for seniors and other vulnerable residents 1 and City of Toronto/Service Manager rules, to ensure fair and equitable treatment of seniors and vulnerable tenants living in TCHC. Formatted: Normal, Right: 0 cm, Space After: 0 pt, Line spacing: single 1 Housing Services Act, 2011 and Residential Tenancies Act, 2006

25 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 b. The OCHE supports successful tenancies at TCHC in accordance with these Terms of Reference. The Commissioner works with TCHC to ensure that necessary support and protections exist for seniors and vulnerable residentstenants, and ensures all reasonable avenues have been exhausted for those residentstenants who have lost their subsidy or face eviction proceedings due to arrears. 3. Roles The OCHE serves three primary roles: a. Review: To provide assurances to the TCHC Board of Directors that TCHC has complied with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules; that loss of subsidies for senior and vulnerable residentstenants are procedurally sound; and matters are referred for eviction proceedings at the Landlord and Tenant Board (LTB) as a last resort. b. Resolve: To assist senior and vulnerable residentstenants in achieving healthy and successful tenancies through the resolution of rental arrears and loss of subsidies, and in doing so, reduce the number of referrals to the LTB; and c. Recommend: To provide guidance to TCHC Staff, Senior Management and the TCHC Board of Directors on TCHC compliance and make recommended improvements to TCHC s eviction prevention and loss of subsidy policies and procedures. 4. Functions a) Independent Audit Function OCHE Eviction for Arrears Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable residentstenants within 60 calendar days of commencement of TCHC s Arrears Collection Process for referral to the OCHE, where those arrears remain unresolved by way of a local repayment agreement or otherwise. ii) Notwithstanding item 4 (a)(i) above, if a senior or vulnerable file is identified at any later point before an order is usedissued by the LTB, the resident stenant s file shall be referred to the OCHE.

26 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 iii) The OCHE shall complete its Eviction for Arrears Process (defined as the OCHE procedures outlined in this section 4(a), within 45 business days of the referral. iv) The Commissioner may extend the time to complete the OCHE s Eviction for Arrears Process in the event of extenuating circumstances or operational constraints. In such cases, the Commissioner will notify TCHC of the extension. TCHC may identify any operational concerns to the Commissioner. v) In carrying out its Eviction for Arrears Process, the OCHE shall ensure that all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules have been followed by TCHC. vi) Where the OCHE determines that TCHC has not complied with all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall not submit such resident stenant s file to the LTB until TCHC has carried out such remedial actions to the satisfaction of the OCHE. vii) Where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC, either party may choose to seek assistance/advice from the Service Manager. viii) Where TCHC proceeds with an eviction for arrears application to the LTB for a senior or vulnerable residenttenant, TCHC will provide a copy of the Commissioner s Eviction for Arrears Report and Recommendations to the LTB as part of the application. b) Independent Audit Function OCHE Loss of Subsidy Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable residents from both direct and contract managed propertiestenants who have lost their rent-geared-to-income subsidy within 15 business days of the revocation of the subsidy. ii) The OCHE is to complete its Loss of Subsidy Process (defined as the OCHE procedures outlined in this section 4(b), within 30 calendar days of referral. iii) In carrying out its Loss of Subsidy Process, the OCHE shall ensure that TCHC is compliant with all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules. Formatted: Indent: Hanging: 0.9 cm Formatted: Indent: Left: 1.9 cm

27 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 iv) Where the OCHE determines that TCHC has not complied with all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall report back to the OCHE on the outcome of the remedial actions taken. v) In the circumstances where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken TCHC, either party may choose to seek assistance/advice from the Service Manager. c) Referrals i) TCHC shall be responsible for referring files within the mandate of the OCHE in accordance with these Terms of Reference. ii) The OCHE may receive contacts from external stakeholders, to determine whether a matter properly falls within the mandate of the OCHE. If the OCHE identifies a matter properly falls within its mandate, the OCHE will identify the matter to TCHC and recommend its referral. iii) In the circumstances where TCHC disagrees with the Commissioner s recommendation, either party may choose to seek assistance/advice from the Service Manager. d) Vulnerability As envisioned in the LeSage Report 2, during the OCHE s Eviction for Arrears Process the OCHE will assess whether a residenttenant requires assistance, including a determination of whether a residenttenant is vulnerable in accordance with the City of Toronto s definition of Vulnerability 3. e) Training: Where the Commissioner or TCHC identifies the need for training related to the expertise of the OCHE, the OCHE and TCHC will work together to develop and provide such training to staff. 2 The Honourable Patrick J. LeSage, Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation, May 2010, p Appendix #1: City of Toronto s Vulnerability Definition

28 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 f) Consultation: i) The Commissioner will be consulted by TCHC Asset Management and/or Resident and Community Services Divisions with respect to the development or revision of any policy, procedure, practice or program that relates to loss of subsidy or evictions for arrears for seniors or vulnerable residentstenants. ii) The Commissioner will provide TCHC with recommendations and advice on those areas consulted on. g) OCHE s Reports and Recommendations: i) The Commissioner will provide a copy of any written reports and recommendations to residentstenants and TCHC at the conclusion of OCHE s Eviction for Arrears Process. ii) The Commissioner will provide written reports and recommendations to TCHC at the conclusion of the OCHE s Loss of Subsidy Process. iii) The Commissioner s reports and recommendations will identify any areas of compliance and non-compliance, and identify any remedial actions to be taken to close any remaining gaps in the eviction for arrears and loss of subsidy management processes. h) Dispute Resolution Function between TCHC and the OCHE: In the circumstances where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC, either party may choose to seek assistance/advice from the Service Manager. i) Alternative Dispute Resolution Function: i) The Commissioner ensures that all reasonable avenues of resolution have been exhausted to avoid the need for an eviction proceeding to the LTB due to rental arrears. ii) Where additional reasonable avenues of resolution are identified, the Commissioner will work to promote the resolution to avoid the need for an eviction for arrears to proceed to the LTB.

29 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 iii) When pursuing resolutions by way of repayment agreements for arrears, the Commissioner will not bind TCHC without its prior written approval, but will work with the tenant and TCHC to broker the repayment agreement. iv) Where appropriate, the OCHE shall engage external supports and agencies to assist seniors and vulnerable residentstenants in resolving their arrears and underlying issues impacting their ability to maintain a successful tenancy. j) Linkage of ResidentsTenants with Social Supports Function: i) Where appropriate, the Commissioner will identify community services or supports that may assist the residenttenant in maintaining a successful tenancy and attempt to connect the residenttenant to the identified community services and supports. ii) Where the Commissioner makes a determination that the residenttenant may require ongoing assistance, he or she will engage TCHC s Resident and Community Services Division and work to identify what may be necessary to achieve a successful tenancy. iii) Where the OCHE identifies matters outside its mandate, the Commissioner shall refer the matter to the appropriate TCHC staff or outside agencies. 5. Reports to the TCHC Board of Directors a. Annual Work Plan: i) The Commissioner is responsible for submitting an annual work plan to the TCHC Board of Directors, through the Building Investment, Finance, AuditResident Services Committee ( BIFAC ),RSC ) for review and approval. b. Quarterly Reports: i) The Commissioner shall report to the TCHC Board of Directors, through the BIFACRSC, on a quarterly basis. These Quarterly Reports shall outline the work of the OCHE, as well as progress against the agreed upon annual work plan. ii) The Commissioner shall provide a copy of the Quarterly Reports to the TCHC CEO for his or her information prior to submitting the report to the TCHC Board of Directors, through the BIFACRSC.

30 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 c. Annual OCHE Performance Report: i) The Commissioner will report annually to the TCHC Board of Directors, through the BIFACRSC, on the OCHE s performance for the preceding year, as measured against the approved work plan. ii) The Commissioner shall provide a copy of the Annual OCHE Performance Report to the TCHC CEO for his or her information before submitting the report to the TCHC Board of Directors, through the BIFACRSC. d. Additional Reports to the TCHC Board of Directors: i) The Commissioner shall report to the TCHC Board of Directors, through the BIFACRSC, as necessary, on any findings of non-compliance by TCHC with its policies and procedures, including applicable legislation, systemic trends, or any other urgent matters identified by the Commissioner. 6. Budget As part of the TCHC s annual budget process, the Commissioner shall be responsible for preparing an annual budget for the OCHE and submit it to the TCHC Board of Directors, through BIFAC, for approval. 7. Operations a. TCHC shall provide all reasonable infrastructure support required by the OCHE including, but not limited to, information technology, finance, human resources, facilities and communications support, with the recognition of the arms-length relationship of the OCHE, from TCHC s management structure. b. The Commissioner shall advise the TCHC Board of Directors, through the Chair of the BIFACRSC, of any requests received from media for interviews, comments or information. 8. Access to Information TCHC shall not unreasonably withhold access to information, records, reports, files, and TCHC management and staff, which the Commissioner identifies as necessary to fulfill the OCHE mandate.

31 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 9. Term a. The OCHE has been established for a 3OCHE s current five-year term that will expire onends March 31, , subject to review and renewal by the TCHC Board of Directors, through the BIFACRSC. 10. Dispute Resolution for Terms of Reference a. Issues relating to the interpretation or application of these Terms of Reference shall be identified by the OCHE and/or TCHC to the TCHC Board of Directors, through the BIFACRSC, for resolution. 11. Review and Approval a. The TCHC Board of Directors, through the BIFACRSC, will advise the Commissioner of its decision to extend the OCHE s term by September 30, (6 months prior to the expiry of term on March 31, ). b. These Terms of Reference shall be reviewed and approved by the TCHC Board of Directors, through the BIFAC, on an annual basis, orrsc, as required. Next Review Date: December, 2016As required.

32 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 1 APPENDIX #1 City of Toronto s Definition of Vulnerability Vulnerability is the result of interaction between the challenges a person faces and the resources that they can access when facing those challenges. A vulnerable resident must be assessed in context - a person s vulnerability or resiliency will depend on their circumstances, environment and resources in the broadest sense. Vulnerable persons may be isolated, without identified supports, reclusive, or have underlying physical or mental health issues that pose a threat of harm to themselves and/or others. Threat of harm to self may be due to reduced ability to manage activities of daily living, substance misuse, reduced insight, and/or reluctance to accept support services.

33 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference TERMS OF REFERENCE OFFICE OF THE COMMISSIONER OF HOUSING EQUITY Date: December 3, 2015To be updated after Board approval. Background: The need for a Commissioner of Housing Equity was first identified in Justice Lesage s Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation ( LeSage Report ) and was reinforced by the City of Toronto Ombudsman s Report Housing at Risk: An Investigation into the Toronto Community Housing Corporation's Eviction of Seniors on the Basis of Rent Arrears. The Toronto Community Housing Corporation ( TCHC ) Board of Directors approved the creation of the Office of the Commissioner of Housing Equity ( OCHE ) on December 11, The OCHE was fully staffed and operational as of April 1, The Commissioner of Housing Equity ( Commissioner ) reports to the TCHC Board of Directors, through the Building Investment, Finance and AuditResidentTenant Services Committee ( BIFACTRSC ). 1. Recognition of Independent Role The OCHE is an independent office that operates at arms-length from TCHC operations and management. The Commissioner carries out the functions and responsibilities of the role in an independent manner. 2. Mandate a. The OCHE oversees TCHC staff compliance with TCHC policies, and procedures, as they relate to Evictions for Arrears and Loss of Subsidy ( TCHC Policies ). As well, the OCHE oversees TCHC staff compliance with applicable legislation and guidelines ( TCHC Policies ) relating to evictions for arrears and loss of subsidy for seniors and other vulnerable residents 1 and City of Toronto/Service Manager rules, to ensure fair and equitable treatment of seniors and vulnerable tenants living in TCHC. 1 Housing Services Act, 2011 and Residential Tenancies Act, 2006 Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Normal, Right: 0 cm, Space After: 0 pt, Line spacing: single Formatted: Not Highlight Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

34 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference b. The OCHE supports successful tenancies at TCHC in accordance with these Terms of Reference. The Commissioner works with TCHC to ensure that necessary support and protections exist for seniors and vulnerable residentstenants, and ensures all reasonable avenues have been exhausted for those residentstenants who have lost their subsidy or face eviction proceedings due to arrears. 3. Roles The OCHE serves three primary roles: a. Review: To provide assurances to the TCHC Board of Directors that TCHC has complied with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules; that loss of subsidies for senior and vulnerable residentstenants are procedurally sound; and matters are referred for eviction proceedings at the Landlord and Tenant Board (LTB) as a last resort. Formatted: Not Highlight b. Resolve: To assist senior and vulnerable residentstenants in achieving healthy and successful tenancies through the resolution of rental arrears and loss of subsidies, and in doing so, reduce the number of referrals to the LTB; and c. Recommend: To provide guidance to TCHC Staff, Senior Management and the TCHC Board of Directors on TCHC compliance and make recommended recommendations for improvements to TCHC s eviction prevention and loss of subsidy policies and procedures. 4. Functions a) Independent Audit Function OCHE Eviction for Arrears Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable residentstenants within 60 days of commencement of TCHC s Arrears Collection Process for referral to the OCHE, where those arrears remain unresolved by way of a local repayment agreement or otherwise. ii) Notwithstanding item 4 (a)(i) above, if a senior or vulnerable file is identified at any later point before an order is usedissued by the LTB, the resident stenant s file shall be referred to the OCHE. Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

35 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference iii) The OCHE shall complete its Eviction for Arrears Process (defined as the OCHE procedures outlined in this section 4(a), within 45 business days of the referral. iv) The Commissioner may extend the time to complete the OCHE s Eviction for Arrears Process in the event of extenuating circumstances or operational constraints. In such cases, the Commissioner will notify TCHC of the extension. TCHC may identify any operational concerns to the Commissioner. v) In carrying out its Eviction for Arrears Process, the OCHE shall ensure that all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules have been followed by TCHC. vi) Where the OCHE determines that TCHC has not complied with all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall not submit such resident stenant s file to the LTB until TCHC has carried out such remedial actions to the satisfaction of the OCHE. vii) Where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC, either party may choose to seek assistance/advice from the Service Manager. viii) Where TCHC proceeds with an eviction for arrears application to the LTB for a senior or vulnerable residenttenant, TCHC will provide a copy of the Commissioner s Eviction for Arrears Report and Recommendations to the LTB as part of the application. b) Independent Audit Function OCHE Loss of Subsidy Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable residents from both direct and contract managed propertiestenants who have lost their rent-geared-to-income subsidy within 15 business days of the revocation of the subsidy. ii) The OCHE is to complete its Loss of Subsidy Process (defined as the OCHE procedures outlined in this section 4(b), within 30 calendar days of referral. iii) In carrying out its Loss of Subsidy Process, the OCHE shall ensure that TCHC is compliant with all relevant TCHC Policies, applicable legislation and City of Toronto/Service Manager rules. iv) Where the OCHE determines that TCHC has not complied with all relevant TCHC Policies, applicable legislation and City of Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Not Highlight Formatted: Not Highlight Formatted: Indent: Hanging: 0.9 cm Formatted: Indent: Left: 1.9 cm Formatted: Not Highlight Formatted: Not Highlight Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

36 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall report back to the OCHE on the outcome of the remedial actions taken. v) In the circumstances where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken TCHC if supported by the TCHC Board, either party may choose to seek assistance/advice from the Service Manager. c) Referrals i) TCHC shall be responsible for referring files within the mandate of the OCHE in accordance with these Terms of Reference. ii) The OCHE may receive contacts from external stakeholders, to determine whether a matter properly falls within the mandate of the OCHE. If the OCHE identifies a matter properly falls within its mandate, the OCHE will identify the matter to TCHC and recommend its referral. iii) In the circumstances where TCHC disagrees with the Commissioner s recommendation, either party may choose to seek assistance/advice from the Service Manager. d) Vulnerability As envisioned in the LeSage Report 2, during the OCHE s Eviction for Arrears Process the OCHE will assess whether a residenttenant requires assistance, including a determination of whether a residenttenant is vulnerable in accordance with the City of Toronto s definition of Vulnerability 3. e) Training: Where the Commissioner or TCHC identifies the need for training related to the expertise of the OCHE, the OCHE and TCHC will work together to develop and provide such training to staff. 2 The Honourable Patrick J. LeSage, Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation, May 2010, p Appendix #1: City of Toronto s Vulnerability Definition Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

37 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference f) Consultation: i) The Commissioner will be consulted by TCHC Asset Management and/or Resident and Community Services Divisions with respect to the development or revision of any policy, procedure, practice or program that relates to loss of subsidy or evictions for arrears for seniors or vulnerable residentstenants. ii) The Commissioner will provide TCHC with recommendations and advice on those areas consulted on. g) OCHE s Reports and Recommendations: i) The Commissioner will provide a copy of any written reports and recommendations to residentstenants and TCHC at the conclusion of OCHE s Eviction for Arrears Process. ii) The Commissioner will provide written reports and recommendations to TCHC at the conclusion of the OCHE s Loss of Subsidy Process. iii) The Commissioner s reports and recommendations will identify any areas of compliance and non-compliance, and identify any remedial actions to be taken to close any remaining gaps in the eviction for arrears and loss of subsidy management processes. h) Dispute Resolution Function between TCHC and the OCHE: In the circumstances where the TCHC Board of Directors disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC asif supported by the Board of Directors, either party may choose to seek assistance/advice from the Service Manager. i) Alternative Dispute Resolution Function: i) The Commissioner ensures that all reasonable avenues of resolution have been exhausted to avoid the need for an eviction proceeding to the LTB due to rental arrears. ii) Where additional reasonable avenues of resolution are identified, the Commissioner will work to promote the resolution to avoid the need for an eviction for arrears to proceed to the LTB. iii) When pursuing resolutions by way of repayment agreements for arrears, the Commissioner will not bind TCHC without its prior written approval, but will work with the tenant and TCHC to broker the repayment agreement. iv) Where appropriate, the OCHE shall engage external supports and agencies to assist seniors and vulnerable residentstenants in resolving their Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

38 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference arrears and underlying issues impacting their ability to maintain a successful tenancy. j) Linkage of ResidentsTenants with Social Supports Function: i) Where appropriate, the Commissioner will identify community services or supports that may assist the residenttenant in maintaining a successful tenancy and attempt to connect the residenttenant to the identified community services and supports. ii) Where the Commissioner makes a determination that the residenttenant may require ongoing assistance, he or she will engage TCHC s Resident and Community Services Division and work to identify what may be necessary to achieve a successful tenancy. iii) iii) Where the OCHE identifies matters outside its mandate, the Commissioner shall refer the matter to the appropriate TCHC staff or outside agencies. 5. Reports to the TCHC Board of Directors a. Annual Work Plan: i) The Commissioner is responsible for submitting an annual work plan to the TCHC Board of Directors, through the Building Investment, Finance, AuditResident Services Committee ( BIFAC ),RTSC ) for review and approval. b. Quarterly Reports: i) The Commissioner shall report to the TCHC Board of Directors, through the BIFACRTSC, on a quarterly basis. These Quarterly Reports shall outline the work of the OCHE, as well as progress against the agreed upon annual work plan. ii) The Commissioner shall provide a copy of the Quarterly Reports to the TCHC CEO for his or her information comments prior to submitting the report to the TCHC Board of Directors, through the BIFACTRSC. c. Annual OCHE Performance Report: i) The Commissioner will report annually to the TCHC Board of Directors, through the BIFACRSTSC, on the OCHE s performance for the preceding year, as measured against the approved work plan. ii) The Commissioner shall provide a copy of the Annual OCHE Performance Report to the TCHC CEO for his or her information Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Outline numbered + Level: 3 + Numbering Style: i, ii, iii, + Start at: 1 + Alignment: Left + Aligned at: 1.27 cm + Indent at: 1.9 cm Formatted: Indent: First line: 0 cm Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

39 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference comments before submitting the report to the TCHC Board of Directors, through the BIFACRTSC. d. Additional Reports to the TCHC Board of Directors: i) The Commissioner shall report to the TCHC Board of Directors, through the BIFACRTSC, as necessary, on any findings of non-compliance by TCHC with its policies and procedures, including applicable legislation, systemic trends, or any other urgent matters identified by the Commissioner. 6. Budget As part of the TCHC s annual budget process, the Commissioner shall be responsible for preparing an annual budget for the OCHE and submit it to the TCHC Board of Directors, through BIFAC, for approval. 7. Operations a. TCHC shall provide all reasonable infrastructure support required by the OCHE including, but not limited to, information technology, finance, human resources, facilities and communications support, with the recognition of the arms-length relationship of the OCHE, from TCHC s management structure. b. The Commissioner shall advise the TCHC Board of Directors, through the Chair of the BIFACRTSC, of any requests received from media for interviews, comments or information. 8. Access to Information 9. Term TCHC shall not unreasonably withhold access to information, records, reports, files, and TCHC management and staff, which the Commissioner identifies as necessary to fulfill the OCHE mandate. a. The OCHE has been established for a 3OCHE s current five-year term that will expire onends March 31, , subject to review and renewal by the TCHC Board of Directors, through the BIFACTRSC. Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

40 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference 10. Dispute Resolution for Terms of Reference a. Issues relating to the interpretation or application of these Terms of Reference shall be identified by the OCHE and/or TCHC to the TCHC Board of Directors, through the BIFACRTSC, for resolution. 11. Review and Approval a. The TCHC Board of Directors, through the BIFACRTSC, will advise the Commissioner of its decision to extend the OCHE s term by September 30, (6 months prior to the expiry of term on March 31, ). b. These Terms of Reference shall be reviewed and approved by the TCHC Board of Directors, through the BIFAC, on an annual basis, orrtsc, as required. Next Review Date: December, 2016As required. Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

41 Item 3A - OCHE Terms of Reference Update Report: TSC: Attachment 2 OCHE Terms of Reference APPENDIX #1 City of Toronto s Definition of Vulnerability Vulnerability is the result of interaction between the challenges a person faces and the resources that they can access when facing those challenges. A vulnerable resident must be assessed in context- a person s vulnerability or resiliency will depend on their circumstances, environment and resources in the broadest sense. Vulnerable persons may be isolated, without identified supports, reclusive, or have underlying physical or mental health issues that pose a threat of harm to themselves and/or others. Threat of harm to self may be due to reduced ability to manage activities of daily living, substance misuse, reduced insight, and/or reluctance to accept support services. Approved by TCHC Board of Directors 7 December 3, 2015 Formatted: Tab stops: 8.57 cm, Left + Not at 8.25 cm

42 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 TERMS OF REFERENCE OFFICE OF THE COMMISSIONER OF HOUSING EQUITY Date: To be updated after Board approval. Background: The need for a Commissioner of Housing Equity was first identified in Justice Lesage s Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation ( LeSage Report ) and was reinforced by the City of Toronto Ombudsman s Report Housing at Risk: An Investigation into the Toronto Community Housing Corporation's Eviction of Seniors on the Basis of Rent Arrears. The Toronto Community Housing Corporation ( TCHC ) Board of Directors approved the creation of the Office of the Commissioner of Housing Equity ( OCHE ) on December 11, The OCHE was fully staffed and operational as of April 1, The Commissioner of Housing Equity ( Commissioner ) reports to the TCHC Board of Directors, through the Tenant Services Committee ( TSC ). 1. Recognition of Independent Role The OCHE is an independent office that operates at arms-length from TCHC operations and management. The Commissioner carries out the functions and responsibilities of the role in an independent manner. 2. Mandate a. The OCHE oversees TCHC staff compliance with TCHC policies and procedures as they relate to Evictions for Arrears and Loss of Subsidy ( TCHC Policies ). As well, the OCHE oversees TCHC staff compliance with applicable legislation 1 and City of Toronto/Service Manager rules, to ensure fair and equitable treatment of seniors and vulnerable tenants living in TCHC. b. The OCHE supports successful tenancies at TCHC in accordance with these Terms of Reference. The Commissioner works with TCHC to ensure that necessary support and protections exist for seniors and vulnerable tenants, 1 Housing Services Act, 2011 and Residential Tenancies Act, 2006

43 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 3. Roles and ensures all reasonable avenues have been exhausted for those tenants who have lost their subsidy or face eviction proceedings due to arrears. The OCHE serves three primary roles: a. Review: To provide assurances to the TCHC Board of Directors that TCHC has complied with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules; that loss of subsidies for senior and vulnerable tenants are procedurally sound; and matters are referred for eviction proceedings at the Landlord and Tenant Board (LTB) as a last resort. b. Resolve: To assist senior and vulnerable tenants in achieving healthy and successful tenancies through the resolution of rental arrears and loss of subsidies, and in doing so, reduce the number of referrals to the LTB; and c. Recommend: To provide guidance to TCHC Staff, Senior Management and the TCHC Board of Directors on TCHC compliance and make recommendations for improvements to TCHC s eviction prevention and loss of subsidy policies and procedures. 4. Functions a) Independent Audit Function OCHE Eviction for Arrears Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable tenants within 60 days of commencement of TCHC s Arrears Collection Process for referral to the OCHE, where those arrears remain unresolved by way of a local repayment agreement or otherwise. ii) Notwithstanding item 4 (a)(i) above, if a senior or vulnerable file is identified at any later point before an order is issued by the LTB, the tenant s file shall be referred to the OCHE. iii) The OCHE shall complete its Eviction for Arrears Process (defined as the OCHE procedures outlined in this section 4(a), within 45 business days of the referral. iv) The Commissioner may extend the time to complete the OCHE s Eviction for Arrears Process in the event of extenuating circumstances or operational constraints. In such cases, the Commissioner will notify TCHC of the extension. TCHC may identify any operational concerns to the Commissioner.

44 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 v) In carrying out its Eviction for Arrears Process, the OCHE shall ensure that all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules have been followed by TCHC. vi) Where the OCHE determines that TCHC has not complied with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall not submit such tenant s file to the LTB until TCHC has carried out such remedial actions to the satisfaction of the OCHE. vii) Where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC, either party may choose to seek assistance/advice from the Service Manager. viii) Where TCHC proceeds with an eviction for arrears application to the LTB for a senior or vulnerable tenant, TCHC will provide a copy of the Commissioner s Eviction for Arrears Report and Recommendations to the LTB as part of the application. b) Independent Audit Function OCHE Loss of Subsidy Process: i) TCHC, through its Asset Management Division, shall identify senior and vulnerable tenants who have lost their rent-geared-to-income subsidy within 15 business days of the revocation of the subsidy. ii) The OCHE is to complete its Loss of Subsidy Process (defined as the OCHE procedures outlined in this section 4(b), within 30 calendar days of referral. iii) In carrying out its Loss of Subsidy Process, the OCHE shall ensure that TCHC is compliant with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules. iv) Where the OCHE determines that TCHC has not complied with all TCHC Policies, applicable legislation and City of Toronto/Service Manager rules, the OCHE shall advise TCHC of the recommended remedial actions. TCHC shall report back to the OCHE on the outcome of the remedial actions taken. v) In the circumstances where TCHC disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken TCHC if supported by the TCHC Board, either party may choose to seek assistance/advice from the Service Manager. c) Referrals

45 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 i) TCHC shall be responsible for referring files within the mandate of the OCHE in accordance with these Terms of Reference. ii) The OCHE may receive contacts from external stakeholders, to determine whether a matter properly falls within the mandate of the OCHE. If the OCHE identifies a matter properly falls within its mandate, the OCHE will identify the matter to TCHC and recommend its referral. iii) In the circumstances where TCHC disagrees with the Commissioner s recommendation, either party may choose to seek assistance/advice from the Service Manager. d) Vulnerability As envisioned in the LeSage Report 2, during the OCHE s Eviction for Arrears Process the OCHE will assess whether a tenant requires assistance, including a determination of whether a tenant is vulnerable in accordance with the City of Toronto s definition of Vulnerability 3. e) Training: Where the Commissioner or TCHC identifies the need for training related to the expertise of the OCHE, the OCHE and TCHC will work together to develop and provide such training to staff. f) Consultation: i) The Commissioner will be consulted by TCHC Asset Management and/or Resident and Community Services Divisions with respect to the development or revision of any policy, procedure, practice or program that relates to loss of subsidy or evictions for arrears for seniors or vulnerable tenants. ii) The Commissioner will provide TCHC with recommendations and advice on those areas consulted on. g) OCHE s Reports and Recommendations: i) The Commissioner will provide a copy of any written reports and recommendations to tenants and TCHC at the conclusion of OCHE s Eviction for Arrears Process. 2 The Honourable Patrick J. LeSage, Report on the Eviction of Al Gosling and the Eviction Prevention Policy of Toronto Community Housing Corporation, May 2010, p Appendix #1: City of Toronto s Vulnerability Definition

46 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 ii) The Commissioner will provide written reports and recommendations to TCHC at the conclusion of the OCHE s Loss of Subsidy Process. iii) The Commissioner s reports and recommendations will identify any areas of compliance and non-compliance, and identify any remedial actions to be taken to close any remaining gaps in the eviction for arrears and loss of subsidy management processes. h) Dispute Resolution Function between TCHC and the OCHE: In the circumstances where the TCHC Board of Directors disagrees with the Commissioner s recommendations, or where the Commissioner disagrees with the remedial actions taken by TCHC as supported by the Board of Directors, either party may choose to seek assistance/advice from the Service Manager. i) Alternative Dispute Resolution Function: i) The Commissioner ensures that all reasonable avenues of resolution have been exhausted to avoid the need for an eviction proceeding to the LTB due to rental arrears. ii) Where additional reasonable avenues of resolution are identified, the Commissioner will work to promote the resolution to avoid the need for an eviction for arrears to proceed to the LTB. iii) When pursuing resolutions by way of repayment agreements for arrears, the Commissioner will not bind TCHC, but will work with the tenant and TCHC to broker the repayment agreement. iv) Where appropriate, the OCHE shall engage external supports and agencies to assist seniors and vulnerable tenants in resolving their arrears and underlying issues impacting their ability to maintain a successful tenancy. j) Linkage of Tenants with Social Supports Function: i) Where appropriate, the Commissioner will identify community services or supports that may assist the tenant in maintaining a successful tenancy and attempt to connect the tenant to the identified community services and supports. ii) Where the Commissioner makes a determination that the tenant may require ongoing assistance, he or she will engage TCHC s Resident and Community Services Division and work to identify what may be necessary to achieve a successful tenancy.

47 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 iii) Where the OCHE identifies matters outside its mandate, the Commissioner shall refer the matter to the appropriate TCHC staff or outside agencies. 5. Reports to the TCHC Board of Directors a. Annual Work Plan: i) The Commissioner is responsible for submitting an annual work plan to the TCHC Board of Directors, through TSC for review and approval. b. Quarterly Reports: i) The Commissioner shall report to the TCHC Board of Directors, through the TSC, on a quarterly basis. These Quarterly Reports shall outline the work of the OCHE, as well as progress against the agreed upon annual work plan. ii) The Commissioner shall provide a copy of the Quarterly Reports to the TCHC CEO for his or her comments prior to submitting the report to the TCHC Board of Directors, through the TSC. c. Annual OCHE Performance Report: i) The Commissioner will report annually to the TCHC Board of Directors, through the TSC, on the OCHE s performance for the preceding year, as measured against the approved work plan. ii) The Commissioner shall provide a copy of the Annual OCHE Performance Report to the TCHC CEO for his or her comments before submitting the report to the TCHC Board of Directors, through the TSC. d. Additional Reports to the TCHC Board of Directors: i) The Commissioner shall report to the TCHC Board of Directors, through the TSC, as necessary, on any findings of non-compliance by TCHC with its policies and procedures, including applicable legislation, systemic trends, or any other urgent matters identified by the Commissioner. 6. Budget As part of TCHC s annual budget process, the Commissioner shall be responsible for preparing an annual budget for the OCHE and submit it to the TCHC Board of Directors for approval. 7. Operations

48 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 a. TCHC shall provide all reasonable infrastructure support required by the OCHE including, but not limited to, information technology, finance, human resources, facilities and communications support, with the recognition of the arms-length relationship of the OCHE, from TCHC s management structure. b. The Commissioner shall advise the TCHC Board of Directors, through the Chair of the TSC, of any requests received from media for interviews, comments or information. 8. Access to Information 9. Term TCHC shall not unreasonably withhold access to information, records, reports, files, and TCHC management and staff, which the Commissioner identifies as necessary to fulfill the OCHE mandate. a. The OCHE s current five-year term ends March 31, 2022, subject to review and renewal by the TCHC Board of Directors, through the TSC. 10. Dispute Resolution for Terms of Reference a. Issues relating to the interpretation or application of these Terms of Reference shall be identified by the OCHE and/or TCHC to the TCHC Board of Directors, through the TSC, for resolution. 11. Review and Approval a. The TCHC Board of Directors, through the TSC, will advise the Commissioner of its decision to extend the OCHE s term by September 30, 2021 (6 months prior to the expiry of term on March 31, 2022). b. These Terms of Reference shall be reviewed and approved by the TCHC Board of Directors, through the TSC, as required. Next Review Date: As required.

49 Item 3A - OCHE Terms of Reference Update Report: TSC: OCHE Terms of Reference Attachment 3 APPENDIX #1 City of Toronto s Definition of Vulnerability Vulnerability is the result of interaction between the challenges a person faces and the resources that they can access when facing those challenges. A vulnerable resident must be assessed in context- a person s vulnerability or resiliency will depend on their circumstances, environment and resources in the broadest sense. Vulnerable persons may be isolated, without identified supports, reclusive, or have underlying physical or mental health issues that pose a threat of harm to themselves and/or others. Threat of harm to self may be due to reduced ability to manage activities of daily living, substance misuse, reduced insight, and/or reluctance to accept support services.

50 Page 1 of 3 Tenant Engagement Refresh Implementation Update Item 4 April 6, 2018 Tenant Services Committee Report: To: From: TSC: Tenant Services Committee ( TSC ) Vice President, Resident & Community Services Date: March 23, 2018 PURPOSE: The purpose of this report is to update the TSC on TCHC s corporate response to the recommendations put forward by the City-Wide Tenant- Staff Engagement Advisory Committee ( CWTSEAC ) to refresh the current Tenant Engagement System, and to provide a roadmap for 2018 actions that will be undertaken to refresh the system. RECOMMENDATION: It is recommended that the TSC receive this report as an update on TCHC s corporate response to CWTSEAC s recommendations and a roadmap for 2018 actions included as Attachment 1. REASONS FOR RECOMMENDATION: In 2015, TCHC initiated a review of its current Tenant Engagement System and conducted a series of consultations with tenants to identify ways to improve the system. The CWTSEAC, a joint working group of tenants and staff, was then formed in May 2016 to develop recommendations on how TCHC can approach any changes to the Tenant Engagement System.

51 Page 2 of 3 In July 2017, CWTSEAC presented 52 recommendations to the Resident Services Committee (currently the TSC) focused on governance, accountability, information, communications, tenant participation, and capacity building (See Attachment 2). The recommendations were adopted in principle and the Resident Services Committee (currently the TSC) directed management to consult with R-PATH on accessibility issues related to the new Tenant Engagement System, and to report back to the Committee on an implementation plan and budget for the new system. Following a feasibility review, TCHC is committed to take actions in order to implement the CWTSEAC recommendations. All recommendations will be incorporated into the refreshed Tenant Engagement System, with the exception of recommendation 5.6 (providing honorariums) due to financial sustainability considerations and contradictions associated with the volunteer nature of the principles and values of the Tenant Engagement System. NEXT STEPS: A project team has been assembled with staff from across TCHC to work in partnership with tenants to implement CWTSEAC s recommendations and design a refreshed Tenant Engagement System that will be implemented beginning in To further demonstrate TCHC s commitment, actions to support the implementation have been referenced in TCHC s corporate business plan. Local community consultations planned for spring/summer 2018 will inform the development of a refreshed Tenant Engagement System. Tenants will be then invited to local community forums in fall 2018 to provide input on the final model. The process will also include consultations with the CWTSEAC and with R-PATH on accessibility issues. An implementation plan and budget for the new system will be presented to the TSC in Q In the interim, to ensure continued representation in TCHC communities, Tenant Representatives have been asked if they are willing to continue in their role until the transition to a new Tenant Engagement System is complete. A formal communication to Tenant Representatives regarding

52 Page 3 of 3 optional term extension and next steps has been conveyed. TCHC is looking forward to working with current Tenant Representatives and by building on their knowledge and expertise, develop a refreshed engagement system that is inclusive and representative of all TCHC tenants. SIGNATURE: Angela Cooke Angela Cooke Vice President, Resident & Community Services ATTACHMENTS: 1. Tenant Engagement System Refresh 2018 Roadmap 2. City-Wide Tenant-Staff Engagement Advisory Committee Recommendations for Refreshing the Tenant Engagement System at Toronto Community Housing STAFF CONTACT: Julio Rigores, Manager, Resident and Community Services Julio.Rigores@torontohousing.ca

53 Item 4 - Tenant Engagement Refresh Implementation Update Report: TSC: Attachment 1 Tenant Engagement System Refresh 2018 Roadmap November December April -May Update on formal response to CWTSEAC recommendations, R-PATH engagement and accessibility consultations May - September Community consultations on local priorities and engagement methods; and Tenant Council consultations on policies, procedures & tools July Draft financial model to support tenant engagement system October Draft tenant engagement system and implementation plan presented to TCHC tenants Draft tenant engagement system and implementation plan presented to TSC for approval TCHC Board approval 1