LANDLORD HOUSING ALLOWANCE AGREEMENT THIS AGREEMENT made effective the day of, 2007. BETWEEN: ACCESS HOUSING CONNECTIONS INC. ( Housing Connections ) - and OF THE FIRST PART ( Landlord ) OF THE SECOND PART WHEREAS the Landlord has agreed to participate in the administered by Housing Connections (the Program ); NOW THEREFORE THIS LANDLORD HOUSING ALLOWANCE AGREEMENT WITNESSETH that in consideration of the premises and of the mutual covenants herein contained, the parties hereby agree as follows: 1.0 INTERPRETATION 1.1 Definitions under the Act and Regulations Unless there is something in the subject-matter or context inconsistent therewith, terms and expressions used in this Agreement that are defined terms and expressions under the Act or Regulations shall have the same meaning as in the Act or Regulations. 1.2 Definitions under this Agreement Act means the Social Housing Reform Act, 2000 of the Province of Ontario and any statute that may be substituted therefor, as may be amended from time to time. Landlord Agreement 1
Agreement means this agreement, as may be amended from time to time. City Guidelines means all written policies, procedures, guidelines and directives of the City of Toronto relating to the Program, as it may be established amended or replaced from time to time. Program means the which provides a housing allowance to low income households in the City of Toronto. PIPEDA means the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5; PIPEDA Protected Information means any Personal Information or Personal Health Information, as defined in PIPEDA; RTA means the Residential Tenancies Act, 2006. 1.1 Miscellaneous (a) (b) (c) (d) (e) (f) The laws of the Province of Ontario shall apply to the interpretation of this Agreement and any reference to a statute in this Agreement includes any subsequent amendments or replacement and substitution of that statute. Whenever used in this Agreement, the word shall shall be construed as mandatory and the word may shall be construed as permissive. The titles in this Agreement have been inserted for convenience and for reference only and in no way define, limit or enlarge the scope or meaning of any provision of this Agreement. Where the context permits or requires, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine. All information relating to tenants that is provided to, collected or maintained by Housing Connections is subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act, ( MFIPPA ). Any reference to a statute shall mean the statute in force as at the date hereof, together with all regulations promulgated thereunder, as the same may be amended, re-enacted, consolidated or replaced from time to time, Landlord Agreement 2
2.0 PROGRAM PARTICIPATION and any successor statute thereto, unless otherwise expressly provided herein. 2.1. The Landlord agrees to participate in the Program by offering the rental units listed in Schedule A hereto for lease to tenants selected by Housing Connections on the terms and conditions mandated by the Program. The Landlord shall lease the units only to persons as shall be referred to it by Housing Connection as persons eligible to participate in the Program. The Landlord may refuse to offer a unit to an applicant if the Landlord has reasonable grounds to believe that the applicant may fail to fulfil the obligation to pay rent for the unit in the amount and at the times it is due. Schedule A contains particulars of the address of such rental units, their market rent and the housing allowance payable pursuant to the Program. The Landlord and Housing Connections may agree to amend Schedule A to add individual or substitute one unit for another as appropriate. 2.2. The Landlord acknowledges and agrees that such units shall be made available on the terms specified in the Program during the term of this Agreement. If a unit becomes vacant or if the tenant of a unit becomes ineligible to participate in the Program, Housing Connections shall have the right to remove the unit from the Program on thirty (30) days written notice to the Landlord in which case Schedule A shall be deemed to be amended accordingly. 2.3. The Landlord represents and warrants that: a) it is the Landlord of the said premises; b) that the premises are located within the boundaries of the City of Toronto; and c) it is authorized to rent Units under the terms of the Program. 2.4. The Landlord agrees that it will not accept rent from the tenant for any of the units in excess of the amount payable pursuant to the Program and as set out herein. The Landlord may require payment of the last month s rent in advance. Housing Connections will pay the related monthly housing allowance in the last month. 2.5. The Landlord agrees to comply in all respects with the RTA and any other legislation affecting the subject matter of the lease between the Landlord and the tenant for the units in the Program. Landlord Agreement 3
2.6. The Landlord shall not knowingly lease a Unit to a Household where the Household is related to the Landlord. The Landlord shall ensure that units are leased to eligible Households without a conflict of interest and shall forthwith disclose to Housing Connections any actual or potential situation that may be reasonably interpreted as either a conflict of interest or potential conflict of interest. For these purposes a conflict of interest includes a situation in which an employee of the Landlord or any member of his or her family is able to benefit financially from his or her involvement in the Program. 2.7. The Landlord shall: a) prepare and have executed a lease, in its standard form appropriately modified to include Schedule B, for the unit, with the applicant; b) provide Housing connections with one (1) copy of the executed lease, forthwith upon request; c) collect only the rent payable pursuant to the Program and as set out herein and any additional charges not prohibited by the RTA; d) serve each tenant with notice of each and every increase in the full market rent for his unit, in the form, manner and within the time prescribed by the RTA; e) provide Housing Connections with one (1) copy of each notice of increase in the full market rent for a unit at the same time as such notice is given to the tenant and at least ninety (90) days prior to its effective date; f) give one (1) copy to Housing Connections of any application affecting a unit, made by the Landlord, under the RTA, immediately upon filing it; g) give one (1) copy to Housing Connections of any order affecting a unit, made under the RTA, immediately upon receipt by the Landlord; h) not allow a tenant to sublet or assign his lease without the prior written approval of Housing Connections; i) notify Housing Connections, in writing, if the Landlord reasonably believes that individuals other than those who have signed a lease are residing in a unit; j) permit a tenant to terminate his tenancy on sixty (60) days written notice, in accordance with the RTA, provided such notice is effective on the last Landlord Agreement 4
day of a month, and forward to Housing Connections a copy of any notice given to the Landlord, by the tenant, within five (5) days; k) notify Housing Connections in writing, if the Landlord gives a notice of termination to a tenant, receives a notice of termination from a tenant, discovers that a unit has been abandoned by a tenant or evicts a tenant from a unit, within five (5) days of the event; l) treat the tenants participating in the Program in the same manner and afford them the same privileges as are afforded to its other tenants; m) treat as confidential and shall not divulge to anyone, except Housing Connections, at any time, during or following the term of this Agreement or any renewal or extension thereof, any information or document given to or acquired by it, relating to the tenants, without the prior written consent of Housing Connections; n) preserve the PIPEDA compliance of all PIPEDA Protected Information transferred to it by Housing Connections; o) ensure the PIPEDA compliance of all PIPEDA Protected Information it collects during the course of completing its obligations pursuant to this Agreement; p) ensure the PIPEDA compliance of all PIPEDA Protected Information that it transfers to Housing Connections; q) provide Housing Connections with current rents, when requested, for the building(s) in which the units are located. 2.8. The Landlord shall keep the units in a satisfactory state of repair, fit for habitation and in compliance with applicable Building Code and Fire Code requirements; and shall keep the building in which the units are located clean, in a satisfactory state of repair and in compliance with applicable Building Code and Fire Code requirements. 3. INVOLVEMENT OF HOUSING CONNECTIONS 3.1. The Landlord acknowledges that Housing Connections is not a tenant of any unit which is rented pursuant to the Program and that the only obligation owing by Housing Connections to the Landlord shall be to make the monthly payment specified for any unit which is subject to the Program in accordance with the Landlord Agreement 5
terms hereof, Schedule A and Schedule B. Housing Connections shall pay to the Landlord the housing allowance for each of the units identified in Schedule A at any given time, in advance, on the first (1st) day of the month, each and every month for a maximum term of five years from the date of initial occupancy of such Unit, and for as long as such unit is occupied by an eligible tenant. Housing Connections shall not be responsible to the Landlord for any breach of or failure by a tenant to observe any of the terms of a lease with the Landlord, including the covenant to pay rent. 3.2. Housing Connections shall be responsible for determining whether a tenant is entitled to participate in the Program and for monitoring continued eligibility for the Program. 4. ANNUAL REVIEW 4.1. Landlord agrees to participate with Housing Connections in an on going evaluation of the Program, which is intended to be conducted on an annual basis. 5. TENANT DEFAULT 5.1. In the event that there is a default by a tenant under a lease, Landlord shall be entitled to exercise its rights and remedies with respect thereto. Landlord agrees to give notice to Housing Connections at the same time as any notice is given to the tenant in connection with any such proceedings. 5.2. If a tenant becomes disqualified to participate in the Program, Housing Connections shall promptly give written notice of such fact to the Landlord. On the first day of the month which is at least sixty (60) days after delivery of such notice, Housing Connections shall no longer be required to pay the amount of the monthly housing allowance as set out herein. After such date, the Landlord may charge the tenant the market rent payable by the tenant pursuant to the lease without regard to any agreement between the Landlord and the tenant or Housing Connections respecting the tenant s participation in the Program. The Landlord agrees that the termination of participation in the Program shall not result in the termination of the tenancy of a unit. Landlord Agreement 6
6. TERM AND TERMINATION 6.1. This agreement shall automatically terminate upon the earlier of the expiration of the funding commitments under Section 3.1 for the units identified in Schedule A or March 31, 2013. 6.2. If the Landlord: a) fails to maintain the units and the building in which they are located in accordance with the requirements of paragraph 2.8; b) fails to notify Housing Connections of a vacancy in a unit, within five (5) days of the event; c) in the opinion of Housing Connections commits material breach of this Agreement and, having received notice from Housing Connections to remedy such breach within a period of thirty (30) days or such longer period as deemed appropriate by Housing Connections, fails to complete the remedy of such breach in a diligent manner within the notice period; Housing Connections may, on the occurrence of any or all of these events, at its option, terminate this Agreement or discontinue any or all of the housing allowance payments. 6.3 Housing Connections or the Landlord may, at any time during the term of this Agreement, on ninety (90) days notice in writing with the termination date of the last day of the month, terminate this Agreement without cause and without there having been any breach or default by Housing Connections or the Landlord. Such termination of the Agreement shall not result in the termination of the tenancy of a unit. 7. GENERAL 7.1. Notice Any notice required or permitted to be given under this Agreement to either party shall be sufficiently given if it is in writing and delivered by hand, fax, or mailed to the parties at the following addresses: Landlord: Landlord Agreement 7
Housing Connections: Rent Supplement Unit 176 Elm Street Toronto, Ontario M5T 3M4 Fax: No. 416-981-6114 If any notice so given, it shall be deemed to have been received on the date of delivery if delivered by hand, on the next business day if transmitted by fax, and on the fifth business day following the date of mailing. Any party may from time to time by notice given as provided above, change its address for the purposes of this section. In the event of an actual or threatened postal disruption, notice hereunder shall not be given by mail but shall be given by fax or personal delivery. Notice with respect to matters dealing with PIPEDA Protected Information may not be given by fax. 7.2. Amendments No modification or amendment to this Agreement shall be made unless agreed to by the parties in writing. 7.3 Successors This Agreement shall be binding and enure to the benefit of the parties and their respective successors. 7.4 Assignment The Landlord shall not transfer title to any unit which is subject to the Program without first obtaining the written acknowledgment of the transferee to be bound by the terms hereof. 7.5 Further Assurances Landlord shall execute and deliver all such further documents and do such further acts and things as Housing Connections may reasonably request from time to time to give full effect to this Agreement. 7.6 Waivers and Consents Landlord Agreement 8
No term or provision of this Agreement shall be deemed waived and no breach consented to, unless such waiver or consent shall be in writing and signed by an authorized member or staff of the party claimed to have waived or consented. No consent by a party to, or waiver of, a breach under this Agreement shall constitute a consent to, waiver of, or excuse for any other, different or subsequent breach. 7.7 No Partnership or Joint Venture This Agreement is not intended to create, nor does it create, a joint venture or partnership between Housing Connections and the Landlord. 7.8 Invalidity 7.9 Time If any part of this Agreement is held or rendered invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement continues to apply. Time shall be of the essence of this Agreement. The parties have executed these presents by their respective duly authorized officers. ACCESS HOUSING CONNECTIONS INC. Per: Name: Michelle Haney-Kileeg Title: General Manager I/We have authority to bind the Corporation. Per: Name: Title: I/We have authority to bind the Corporation. Landlord Agreement 9
SCHEDULE A Unit (No., Municipal Address) Unit Size (No. of Bedrooms) Full Market Rent Housing Allowance Utilities Included: Landlord Agreement 10
HOUSING ALLOWANCE PROGRAM SCHEDULE B to the Lease BETWEEN: LANDLORD OF THE FIRST PART - and - TENANT OF THE SECOND PART 1. Notwithstanding that the Lease between the Landlord and the Tenant provides that the monthly rent for the Premises is $ (the Market Rent ), the Landlord and the Tenant agree that the Landlord shall charge and the Tenant shall pay monthly the sum of $ (the Contracted Rent ). The Contracted Rent is the Market Rent for the unit less the sum of $ paid by Access Housing Connections Inc. to the Landlord (pursuant to the ) monthly for rent for so long as the Tenant is participating in the administered by Access Housing Connections Inc. 2. The Landlord and the Tenant Agree that the Market Rent amount of $ shall constitute the lawful rent for the Premises pursuant to the Residential Tenancies Act, 2006, as at the commencement of the term of the Lease. Notwithstanding the agreement in paragraph 1 above, the Landlord and the Tenant agree that the Landlord shall be entitled to increase the Market Rent payable by the guidelines determined under section 120 of the Residential Tenancies Act, 2006, or as otherwise permitted under the Landlord Agreement 11
Residential Tenancies Act, 2006 or the regulations made thereunder provided that such Market Rent does not exceed the CMHC average market rent for the area in which the unit is located. Effective as of the date of each such increase, the amount payable by the Tenant to the Landlord shall be the Market Rent as so increased, less the amount payable by Access Housing Connections Inc. as set out in paragraph 1 above, provided that the Tenant continues to participate in the administered by Access Housing Connections Inc. 3. In the event that the Tenant is no longer participating in the administered by Access Housing Connections Inc., the Landlord shall be entitled to charge and the Tenant agrees to pay the Market Rent of $, as same may be or have been increased in accordance with the provisions of the Residential Tenancies Act, 2006. Landlord Agreement 12