Housing Services Act, Areas of Local Discretion Summary

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Cornelia Garrison
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1 Housing Services Act, 2011 Areas of Local Discretion Summary Effective January 1, 2011, the Social Housing Reform Act, 2000 has been repealed and replaced with the Housing Services Act (HSA), The purpose of the HSA is; a) To provide for community based planning and delivery of housing and homelessness services with general provincial oversight and policy direction and; b) To provide flexibility for Service Managers and housing providers while retaining requirements with respect to housing programs that pre-date this Act and housing projects that are subject to those programs. The new Act and s prescribes certain mandatory changes to some social housing program requirements, including the requirement for Service Managers to establish local rules and requirements that are significant in number and substantial in scope. There was insufficient time to properly undertake appropriate stakeholder input and develop the required rules and requirements for the January 1, 2012 deadline. As a result, Housing Services adopted a two phase approach to implementing the new Act and s (See CHSN Notice for details on Phase 1). Phase 2 was set to occur throughout 2012 and allow time to receive meaningful stakeholder input and give full consideration regarding the entire scope of local rules required under the new Act and s. Housing Services intended to complete a review and consultation with stakeholders to establish local rules by November 30, 2012 (For more details see CHSN Notice ). As a result of this resolution, Housing Services tasked a Working Group as part of the Nipissing District Housing Registry Review to conduct a review and develop local rules in areas of discretion of the HSA. The group consisted of nine individuals representing various interests in the social housing community including the following members: 1. Representative from Nipissing Legal Clinic 2. Two Housing Provider Representatives 3. Three representatives from service agencies (Shelter, CMHA and Works) 4. Three Housing Services Representatives These rules represent rules developed for housing provider management, special needs housing applications and waiting list management, and local occupancy standards: Heading Act Reference Definition Proposed Rule

2 1. Deferral/Forgi veness of RGI Assistance s. 51 Deferral of RGI assistance is the delaying of rental payments to a later date. Forgiveness of RGI assistance is the forfeiture of a rental payment. If an offer of housing prevents a tenant from giving the legally required 60 days notice to the current landlord, housing providers may allow for up to one month of rent forgiveness. 2. Information Requested by a Service Manager The service manager may establish rules on information to be provided by housing providers to operate designated housing projects. The Service Manager may request any information/document that is reasonable as outlined in management/operating agreement. 3. Local Operating Rules s Leave at provincial default. Compliance with Corporation Act; properly registered charity. Guest Policy, calculate RGI assiatance Maintain a capital reserve 4. Housing Provider Mandates s. 76 The province approved mandates for some housing providers. These include a commitment to house: Seniors, Homeless or hard to house people, People with disabilities, and Aboriginal people The Service Manager may amend, terminate, or replace a mandate for a housing project after consultation and written agreement with the effected housing providers.

3 5. Targets for RGI and Modified Units s A target is preestablished number of RGI and/or modified units which must be maintain in a housing complex. The Service Manager may adjust the target level of RGI units or modified units for individual housing providers within their service area after consultation and written agreement with effected housing providers. Modified units are units with special features to meet the needs of people with physical disabilities. 6. Records of Housing Providers s A housing provider shall keep the prescribed records for the prescribed periods of time. A housing provider shall keep such additional records as may reasonably be required by the service manager for the period of time specified by the service manager. Records must be maintained for 7 years; financial records, household receiving RGI assistance, refusal of RGI assiatance

4 7. Other Reports from Housing Providers s. 81 A housing provider shall give the service manager, at the times specified by the service manager, such other reports, documents and information as the service manager may reasonably request relating to the housing provider s compliance with this Act and the regulations. The reports, documents and information shall be given in the form and manner approved by the service manager. A housing provider shall not knowingly furnish false information in a report, document or information given to the service manager under this section. 8. Special Failure to notify of changes to special needs housing 70 A change refers to any alteration in the information provided on the application form I.e. address/phone number, income, household member A Special household must notify the Service Manager of a change in their information within thirty (30) business days *must be a minimum of 30 days

5 9. Special Application for assistance s Documentation which must be submitted in order for an application to be complete An application for special needs housing must include the reasons why the household requires special needs housing and any other information or documents required by the supportive housing provider. A consent form must be included with the application allowing for third party disclosure of information required by the supportive housing provider to process the application and verify matters such as eligibility of the household for special needs housing and the type of unit that is appropriate. 10. Special System for selecting waiting households s Leave at provincial default. Special Housing Administrator determines applicant s needs for support services or modification s or both. Selects tenants based on services and modifications available. 11. Local Occupancy Standards s Established size of unit household is eligible to receive RGI assistance. See attached Local Occupancy Standards dated

affidavit A written statement sworn before a notary public or another person who has the authority to witness an oath.

affidavit A written statement sworn before a notary public or another person who has the authority to witness an oath. The RGI Administration Manual contains many terms used in the Housing Services Act as well as terms generally used in RGI administration. This chapter includes definitions of these terms. When one of these