Qualifying Unit (HSA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-09-05
CLNP Page ID:	2390
Page Categories:	Housing Services Act
Citation:	Qualifying Unit (HSA), CLNP 2390, <https://rvt.link/cc>, retrieved on 2024-09-05
Editor:	Sharvey
Last Updated:	2024/07/12

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Residential Tenancies Act, 2006

7 (1) Paragraphs 6, 7 and 8 of subsection 30 (1), sections 48.1, 49.1, 51, 52, 54, 55, 56 and 95 to 99, subsection 100 (2) and sections 101, 102, 104, 111 to 115, 117, 120, 121, 122, 126 to 133, 140, 143, 149, 150, 151, 159, 165 and 167 do not apply with respect to a rental unit described below:

1. A rental unit located in a residential complex owned, operated or administered by or on behalf of the Government of Canada or an agency of the Government of Canada.

2. A rental unit in a designated housing project as defined in the Housing Services Act, 2011 that is owned, operated or managed by a service manager or local housing corporation as defined in that Act.

3. A rental unit located in a non-profit housing project or other residential complex, if the non-profit housing project or other residential complex was developed or acquired under a prescribed federal, provincial or municipal program and continues to operate under,

i. Part VII of the Housing Services Act, 2011,

ii. a pre-reform operating agreement as defined in the Housing Services Act, 2011, or

iii. an agreement made between a housing provider, as defined in the Housing Services Act, 2011, and one or more of,

A. a municipality,

B. an agency of a municipality,

C. a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing,

D. a local housing corporation as defined in the Housing Services Act, 2011, or

E. a service manager as defined in the Housing Services Act, 2011.

4. A rental unit that is a non-member unit of a non-profit housing co-operative.

5. A rental unit provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause 5 (g).

6. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis. 2006, c. 17, s. 7 (1); 2006, c. 32, Sched. E, s. 7 (4); 2011, c. 6, Sched. 1, s. 188 (1); 2017, c. 13, s. 4; 2020, c. 16, Sched. 3, s. 12 (1); 2020, c. 16, Sched. 4, s. 3 (1).

(2) Section 119 does not apply with respect to,

(a) a rental unit described in paragraph 1, 2, 3 or 4 of subsection (1) if the tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding; or

(b) a rental unit described in paragraph 5 or 6 of subsection (1). 2006, c. 17, s. 7 (2).

(3) Sections 116 and 118 do not apply with respect to increases in rent for a rental unit due to increases in the tenant’s income if the rental unit is as described in paragraph 1, 2, 3 or 4 of subsection (1) and the tenant pays rent in an amount geared-to-income due to public funding. 2006, c. 17, s. 7 (3).

(4) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than the Government of Canada or an agency of the Government of Canada. 2020, c. 16, Sched. 3, s. 12 (2).

(5) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 2 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation as defined in the Housing Services Act, 2011 or an agency of either of them. 2006, c. 17, s. 7 (5); 2011, c. 6, Sched. 1, s. 188 (2); 2020, c. 16, Sched. 4, s. 3 (2).

(6) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rent increase for rental units described in paragraph 5 of that subsection if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase. 2006, c. 17, s. 7 (6).

8 (1) If a tenant pays rent for a rental unit in an amount geared-to-income due to public funding and the rental unit is not a rental unit described in paragraph 1, 2, 3 or 4 of subsection 7 (1), paragraph 6 of subsection 30 (1) and Part VII do not apply to an increase in the amount geared-to-income paid by the tenant. 2006, c. 17, s. 8 (1).

(2) Sections 95 to 99, subsection 100 (2), sections 101 and 102, subsection 104 (3) and section 143 do not apply to a tenant described in subsection (1). 2006, c. 17, s. 8 (2).

...

120 (1) No landlord may increase the rent charged to a tenant, or to an assignee under section 95, during the term of their tenancy by more than the guideline, except in accordance with section 126 or 127 or an agreement under section 121 or 123. 2006, c. 17, s. 120 (1).

Housing Services Act, 2011

2 In this Act,

...

“housing provider” means a person who operates a housing project; (“fournisseur de logements”)

...

“local housing corporation” means a local housing corporation as defined in section 24; (“société locale de logement”)

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“service manager” means a service manager designated under subsection 11 (1); (“gestionnaire de services”)

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“pre-reform operating agreement” means an agreement, a memorandum of understanding, a letter of commitment or any combination of them, whether oral, written or in part oral and in part written, entered into before December 13, 2000 between a housing provider and one or more of the Crown in right of Ontario, the Crown in right of Canada, the Minister, the ministry of the Minister, a minister or ministry of the Crown in right of Canada, the Ontario Mortgage and Housing Corporation, Canada Mortgage and Housing Corporation, a local housing authority, an agent of the Crown in right of Ontario and an agent of the Crown in right of Canada under which funding is provided to the housing provider with respect to a housing project under a housing program, and “pre-reform operating agreement” includes any amendments made on or after December 13, 2000; (“accord d’exploitation antérieur à la réforme”)

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11 (1) The regulations shall designate the municipalities and district social services administration boards that are service managers for the purposes of this Act. 2011, c. 6, Sched. 1, s. 11 (1).

(2) The regulations shall specify the geographic area that is the service area of each service manager for the purposes of this Act. 2011, c. 6, Sched. 1, s. 11 (2).

...

24 In this Part,

“local housing corporation” means a corporation that was incorporated in accordance with section 23 of the former Act, including a corporation that results from an amalgamation with such a corporation, subject to section 30; (“société locale de logement”)

“related service manager” means, in relation to a local housing corporation,

(a) the service manager to whom common shares were deemed to have been issued under subsection 23 (7) of the former Act, or

(b) such other service manager as is prescribed for the purposes of this clause. (“gestionnaire de services lié”) 2011, c. 6, Sched. 1, s. 24.

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PART V

RENT-GEARED-TO-INCOME ASSISTANCE AND SPECIAL NEEDS HOUSING

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42 (1) Eligibility for rent-geared-to-income assistance shall be determined in accordance with the following:

1. The prescribed provincial eligibility rules.

2. The local eligibility rules made by the service manager. 2011, c. 6, Sched. 1, s. 42 (1).

...

180 In the event of a conflict between this Act and another Act or a regulation made under another Act, this Act prevails except where otherwise provided in this Act. 2011, c. 6, Sched. 1, s. 180.