Kingston & Frontenac Housing Corporation Internal Transfer Policy Table of Contents 1) Goals & Objectives 2) Eligibility for Tenant Initiated Transfer Requests 3) Overhoused Tenants (Legislated Transfers, Provider Initiated) 4) Internal Transfer Applications (Tenant Initiated) 5) Internal Transfer Committee 6) Special Priority 7) Urgent Medical Needs Transfer 8) All Other Transfers 9) Maintaining Eligibility 10) Offering a Unit/Apartment 11) Refusal of an Offer 12) Internal Review of Decisions Regarding Internal Transfers
Kingston & Frontenac Housing Corporation Internal Transfer Policy 1. Goals and Objectives: This Internal Transfer Policy applies to tenants who want to move from one Kingston & Frontenac Housing Corporation unit to another. Households who wish to move into a unit with Kingston & Frontenac Housing Corporation from other social housing providers are deemed to be external applicants and must apply through the Centralized Waiting List System administered by the Social Housing Registry Program located at 362 Montreal Street, Kingston, Ontario K7K 3H5. The Registry s telephone number is 613-546-2695. This Internal Transfer Policy is designed to: allow Kingston & Frontenac Housing Corporation tenants to move from one unit to another; give priority to tenants who are victims of abuse, overhoused or have an urgent medical need; balance the needs of Kingston & Frontenac Housing Corporation tenants with the needs of people hoping to move into a unit with Kingston & Frontenac Housing Corporation for the first time. There are four (4) different types of internal transfers, ranked in the following order: Special Priority Transfers (The criteria for processing Applications for Special Priority transfers is legislated and these requests are tenant initiated and all requests must be submitted in writing to The Social Housing Registry); Overhoused transfers (These are legislated transfers and are provider initiated); Urgent Medical Needs Transfers (tenant initiated); Other transfers (tenant initiated). All transfer requests are tenant initiated EXCEPT for over housed transfers, which are provider initiated based on legislation. 2. Eligibility for Tenant Initiated Transfer Requests: Any household in good standing may ask for a transfer after having lived in a unit for a minimum of one (1) year. If a current tenant requests to add a new household member to their unit and either the unit they are residing in is the smallest unit for which they are qualified under local occupancy standards OR they accept an offer of accommodation for the smallest unit for which they are qualified as a new household, this new household is not eligible to apply for a transfer for a minimum of one (1) full year from the formation of the new household.
A household is in good standing if: it has not been given an eviction notice within the last six months; it does not owe arrears or any other money to Kingston & Frontenac Housing Corporation; if there is a repayment agreement in place for former tenant arrears with another housing provider, the repayment agreement must be in good standing; it has paid its rent on time for the last six months; there is no history of damage to the unit; there are no record(s) of complaint(s) of disturbing neighbors or harassing staff. If part of a household wants to transfer (i.e. a child wants to leave the unit or a spouse wants to move out) this would not be considered an internal transfer, the transferring member must apply directly to the Social Housing Registry. The eligibility criteria and one year rule will be waived if the household is overhoused. Consideration may be given in extenuating circumstances only to waiving the eligibility criteria for Special Priority and Urgent Medical transfer requests. 3. Overhoused Tenants: (Legislated Transfers, Provider Initiated) An overhoused household is a household living in a unit which is larger than the largest unit for which it qualifies under the local occupancy standards set by the Service Manager. Overhoused tenants who are receiving rent-geared-to-income will be placed second on the Internal Transfer List immediately following Special Priority tenants, ranked in the order of the date of the original application for RGI assistance. Tenants must report any change in household size to their Property Manager within 10 business days of the change. Upon discovery that a household is overhoused, the Property Manager will advise the household of a potential adverse decision (i.e. overhoused) in writing by sending a Notice of Overhoused/Opportunity to Comment to the household. The Household is given 30 days to comment on the potential decision to transfer the household due to its overhoused status. If the tenant does not respond to the Notice of Overhoused - Opportunity to Comment, the household is advised as follows: The household is sent a Notice of Decision advising that they are now on the Overhoused Internal Transfer List ; If the tenant does respond to the Notice of Overhoused - Opportunity to Comment: The Property Manager will review the comments received by the household to determine if the household should be transferred to the Overhoused Internal Transfer List; 3
If, after review, the Property Manager still believes that the household should be transferred to the Overhoused Internal Transfer List, he/she will send the household a Notice of Decision advising of this decision; If, after review, the Property Manager believes that the household should not be transferred, a Notice of Decision will be sent advising of this decision. Once a household has been sent a Notice of Decision, the household may request a review of the Property Manager s decision (based on ineligibility for type of accommodation). The review of the Property Manager s decision will be conducted by the Internal Transfer Committee and the decision will be final. Process for Internal Review by the Internal Transfer Committee is outlined in this Policy: Terms and conditions while on the Overhoused Internal Transfer List: The household is advised that while on the Over housed Internal Transfer List they can select geographic area only and cannot be project specific ; Tenants on the Overhoused Internal Transfer List will be given a maximum of three (3) offers of accommodations based on vacancies and the overhoused tenant s circumstances; A tenant s name will be transferred to the Centralized Waiting List if he/she does not move into an appropriately sized unit within 12 months of being on the Overhoused Internal Transfer List; Once transferred to the Centralized Waiting List, tenants may be project specific and will follow the same rules as all other applicants on the Centralized Waiting List; Should the household refuse three offers of appropriate accommodation while on the Over - housed Internal Transfer List and on the Centralized Waiting List, it could be deemed ineligible for RGI assistance and could lose its subsidy; The Applicant/Tenant Services Co-ordinator will complete an overhoused transfer form to the Centralized Waiting list and forward it to The Registry after twelve (12) months including the number of refused offers if applicable. 4. Internal Transfer Applications: (Tenant Initiated) To request an internal transfer, tenants must complete a Request for Internal Transfer Application Form, and submit it to the Applicant/Tenant Services Co-ordinator. The Applicant/Tenant Services Co-ordinator will: Confirm that the household is eligible for a transfer, based on local occupancy standards and this Internal Transfer Policy; Forward the request to the Internal Transfer Committee for approval/denial/deferral; Ensure the General Manager or alternate authorizes all approved requests; If eligible, add the household to the Internal Transfer Waiting List, according to this Internal Transfer Policy. 4
If the tenant s transfer request is approved by the Internal Transfer Committee the Property Manager informs the tenant in writing of the decision. If the tenant s transfer request has been denied by the Internal Transfer Committee, the Property Manager will send the tenant an Opportunity to Comment notice advising of the decision. If, a response to the Opportunity to Comment is received the Internal Transfer Committee reviews and sends a Notice of Decision to the tenant. If, no response to the Opportunity to Comment is received a Notice of Decision is sent advising of the decision to deny the transfer. The tenant may request an internal review of the Internal Transfer Committee decision (based on ineligibility for type of accommodation); If the decision to deny a transfer is upheld upon review by the individual who was not involved in the original decision (herein known as the Reviewer ) the tenant may not re-apply for a transfer on the same grounds for one (1) year. The process for internal reviews is outlined in this Policy. If the tenant s request is denied due to any other reason which is not reviewable under the Social Housing Reform Act, (i.e. does not meet transfer policy), the tenant is advised in writing by the Property Manager on behalf of the Internal Transfer Committee of the decision to deny the transfer request and is given an opportunity to appeal this decision in the following manner: Appeal Process: The tenant is sent a letter by the Property Manager on behalf of the Internal Transfer Committee within 30 days of receipt of Internal Transfer Request advising of the decision to deny the transfer and is advised that he/she may appeal the decision within 30 days of the date of the letter; If an Appeal is received, the Applicant/Tenant Services Co-ordinator will coordinate the appeal of the decision within 10 business days of the receipt of the Appeal; The Appeal must be conducted by The Reviewer who is not an individual who was involved in the original decision; The Appeal process is a paper review of the file and does not include in person communication; The decision of The Reviewer conducting the Appeal is final; The tenant is advised of the decision by the Applicant/Tenant Services Co-ordinator in writing within 10 business days after the decision is made. 5. Internal Transfer Committee: The Internal Transfer Committee is comprised of the General Manager or alternate, the two Applicant/Tenant Services Co-ordinators, one Technical Services Supervisor, the two Property Managers and one Property Management Assistant. The Committee meets on an as needed basis but not less than once per month to review requests for transfers. 5
The Internal Transfer Committee will ensure that tenants of the KFHC are not denied access to housing through strict application of the Internal Transfer Policy without individual circumstances being taken into consideration. The Internal Transfer Committee and the KFHC are committed to providing services to tenants and prospective tenants on a non-discriminatory basis and recognizes the right of every person seeking housing to be treated equitably. Where KFHC is advised of a need for accommodation and the requisite criteria have been met, the tenant s requirements will be accommodated in accordance with the provisions of the Ontario Human Rights Code, the Social Housing Reform Act and the Internal Transfer Policy. The Internal Transfer Committee will: Confirm that the household is eligible for transfer in accordance with occupancy standards and any other relevant legislation and KFHC policy; Confirm that the tenant meets the criteria for transfer as set out in the Internal Transfer Policy; Confirm the tenant s eligibility for special priority status if applicable as determined by the Social Housing Registry; Add an eligible household to the appropriate internal transfer waiting list according to the Internal Transfer Policy described herein; Inform the tenant requesting a transfer of the Internal Transfer Committee s decision. 6. Special Priority: The Social Housing Reform Act legislates, the status of Special Priority Applicants on the Internal Transfer Waiting List which is reserved for individuals who are victims of abuse being defined as: one or more incidents of physical or sexual violence against an individual, one or more incidents of intentional destruction of or intentional injury to an individual s property, or words, actions or gestures that threaten an individual or his or her property, words or actions that threaten an individual or lead an individual to fear for his or her safety including controlling behavior. Special Priority category on the provider s waiting list for internal transfers is reserved for eligible individuals whose personal safety or whose family s safety is at risk due to the individual s spouse, parent, child or other relative or a person who is sponsoring the individual as an immigrant or a person on whom the individual is emotionally, physically or financially dependent. Special Priority Status is assigned once the tenant has been deemed eligible for Special Priority Status by the Social Housing Registry. All requests for inclusion into the Special Priority household category on the Internal Transfer Waiting List and supporting documents must be submitted in writing to the Social Housing Registry. The Social Housing Registry shall follow the steps and timelines for processing Special Priority applications for inclusion on the Internal Transfer List as prescribed in the Social Housing Reform Act and Regulations and as outlined in Regulation 339/1, Section 11 (2). 6
Once a Special Priority application has been deemed complete, the Social Housing Registry shall review the request for inclusion on the Special Priority list within 14 days. After review of the request, the Social Housing Registry will make a determination as to whether or not to include the household on the Special Priority Internal Transfer List. If Special Priority status is granted, the Social Housing Registry will advise the household and the Kingston & Frontenac Housing Corporation in writing within 14 days. 7. Urgent Medical Needs Transfer: After Special Priority households and overhoused tenants, households with an urgent medical need to move are given priority over other transfer applicants. Urgent medical needs transfer households will be ranked on the Internal Transfer List in order of their application date for a transfer after the Special Priority households and overhoused tenants. What is an Urgent Medical Transfer? An urgent medical transfer is an internal transfer required on an expedited basis by a tenant of KFHC due to a physical or mental disability that makes it difficult for the tenant to remain in his or her current unit. Who is eligible for an Urgent Medical Transfer? In order for a household to be eligible for an urgent medical transfer, the household must: Be a tenant(s) of the Kingston & Frontenac Housing Corporation; and Have a verified physical or mental disability that is severe and prolonged for example substantially interferes with the activities of daily living and is expected to last a year or more; and Have recent documentation of the disability and an explanation of the accommodation required by the household member. Such documentation must be provided by a qualified medical practitioner; and Provide documentation that the current accommodation is exacerbating the tenant s disability or medical condition. Such documentation must be provided by a registered health professional for example a physician, psychologist, occupational or physical therapist, etc.; and Demonstrate that a different unit would substantially contribute to stabilizing or improving the health of the household member, including a need for accessible accommodation. When will the household be eligible for an Urgent Medical Transfer? A tenant will be eligible for an urgent medical transfer once the member of the household has provided the necessary medical documentation and the transfer request has been approved by the Internal Transfer Committee. The urgent medical internal transfer list is administered 7
chronologically. If in the case of an Urgent Medical Transfer request is granted, the (1) one year residency rule will be waived. 8. All Other Transfers: These households must complete the Request for Internal Transfer Form; Households having more than two household members per bedroom or which have opposite sex household members other than spouses sharing bedrooms may apply for a transfer to a larger unit based on local occupancy standards. These households will be ranked on the Internal Transfer List after Special Priority, Overhoused and Urgent Medical need, in the order they applied for a larger unit; Households may request transfers for other reasons. The Internal Transfer Committee has the discretion in making the initial determination as to whether or not the household is eligible for a transfer based on this Internal Transfer Policy; These requests are processed as outlined in Section 5 of this Policy; If the request is granted, the household will be sent a letter advising that the household members names are added to the Internal Transfer List. If the Internal Transfer Committee makes the decision not to grant the transfer and the decision is with regard to the size of unit, the Opportunity to Comment and Internal Review process outlined in Section 4 and 5 of this Policy will apply. Any other decision, not covered by the internal transfer process will follow the Appeal process as outlined in Section 4 of this Policy. Tenants on the Other Transfer list will be offered accommodation alternately with applicants on the external waiting list. Every tenth (10th) vacancy (not including Special Priority, overhoused and urgent medical need) will be offered to tenants in the Other Transfer category. 9. Maintaining Eligibility: When a tenant reaches the top of the transfer list, the Applicant/Tenant Services Co-ordinator will confirm that the household is still eligible for a transfer. Before offering a unit, the Applicant/Tenant Services Co-ordinator must ensure that there are: no arrears; no late rent payments within the last 6 months; no complaints about disturbing neighbors or harassing staff; no damage to the tenant s unit was found in a unit inspection; if there is a repayment agreement in place for former tenant arrears with another housing provider, the repayment agreement must be in good standing. 8
10. Offering a Unit/Apartment: The Applicant/Tenant Services Co-ordinator will offer a vacant unit to households on the Internal Transfer List in the order they appear on the list and as per the Internal Transfer Policy. The Applicant/Tenant Services Co-ordinator may exercise discretion in the decision to offer a vacant unit to anyone on the Internal Transfer List other than Special Priority, overhoused and urgent medical need transfer requests if the resources are not available to prepare the vacating units in a given month without incurring vacancy loss. Tenants will have 24 hours to decide whether to accept the offer. A tenant (other than an over housed tenant) who refuses an offer of a transfer will be removed from the Internal Transfer List. Units may be offered as is. Kingston & Frontenac Housing Corporation will ensure the unit meets maintenance and safety standards, and that all electrical and plumbing fixtures are in good working order. However, Kingston & Frontenac Housing Corporation may choose not to paint the unit, do minor patching, or make decorative changes to the unit. 11. Refusal of an Offer: With the exception of overhoused tenant transfers, if a tenant on the Internal Transfer List refuses one (1) offer of a vacant unit they are ineligible to apply for another transfer on the same grounds for one (1) year, and will be advised in writing by the Applicant/Tenant Services Co-ordinator within 10 days of the refusal of offer. Tenants may appeal this decision as follows: the tenant is sent a letter advising of the decision to cancel his/her transfer request and is advised that he/she may appeal this decision, in writing, within 30 days of the date of the letter; if an Appeal is received, the Internal Transfer Committee will conduct a review of the decision within 30 days of the receipt of the Appeal; the Applicant/Tenant Services Co-ordinator will co-ordinate the Appeal process; the Review is a paper review of the file and does not include in person communication; the decision of the Internal Transfer Committee is final; the tenant is advised of the decision of the Internal Transfer Committee in writing within 10 business days after the decision is made. 12. Internal Review of Decisions Regarding Internal Transfers: Under the Social Housing Reform Act, tenants can request a review of the following decisions related to transfers. Tenants will be given an opportunity to comment on a potential adverse decision. 1. A decision that the household is ineligible for rent-geared-to-income assistance. 9
2. A decision that the household is ineligible for special needs housing. 3. A decision respecting the type of accommodation in which the household may be accommodated (size of unit). 4. A decision respecting the category into which the household has been placed on the waiting list. Request for Internal Review: The following is the process for Internal Review: The household is advised of potential adverse decision of the Internal Transfer Committee by Opportunity to Comment and the household is given 30 days to comment; Whether or not comments are received, the household is sent a Notice of Decision; With the Notice of Decision the household is advised that they may request an Internal Review of the decision of the Internal Transfer Committee within 10 business days; The Internal Review must be conducted within 10 business days and must be conducted by individuals not involved in the original decision; The Internal Review is a paper review of the file and does not include in person communication; The Applicant/Tenant Services Co-ordinator will coordinate the Internal Review and will refer to The Reviewer (as assigned) who will conduct the review; The household will be notified, of the decision of The Reviewer within 10 days of the day that the decision is made; The Reviewer for the purpose of conducting internal reviews of the decisions made by the Internal Transfer Committee will be the Manager of Finance and Administration or designate. Updated: March 4, 2008 10