TENANTS
Everyone in Ontario needs a secure home at a price they can afford. That is why non-profit housing exists.
ONPHA’s members own and manage over 150,000 non-profit apartments and townhomes. We are not a tenant’s organization. But we do have many resources for non-profit housing tenants, and for people waiting to live in non-profit housing.
How to apply for Housing
There are long waiting lists for non-profit housing. In some areas, people can wait up to ten years for a non-profit home. In other places, the wait is much shorter.
To join the waiting list in your area, you need to contact a co-ordinated access centre. These centres give information on the non-profit, co-op and public housing in your area.
You can also apply directly to a local non-profit. You must apply directly to the non-profit you wish to live in if:
- you do not need a subsidy
- you need a unit modified for people with disabilities
- there is no co-ordinated access center in your area.
Each area has its own policies. But some rules are the same across Ontario:
- You will be asked to fill out an application form. Everyone in your household 16 and over must sign the form.
- Most units are offered on a first come, first served basis. If you are a victim of any kind of family abuse (wife abuse, elder abuse, child abuse) you will be given priority. In some areas, other groups are given priority. Ask your co-ordinated access system for details.
- You can choose to apply for one building or many. The more buildings you apply for, the faster you will move up the list.
But be sure that the buildings you choose are the ones you really want to live in. If you are offered a unit, you may refuse it. But if you refuse three units, you will be taken off the list.
If the information you put in your application form changes, you must tell the co-ordinated access center within 10 business days*, or you could be cut off the list. (* Some municipalities allow longer than 10 days)
Subsidy Guidelines
About 80% of non-profit tenants pay rents based on their income. This is know as “rent-geared-to-income” or “RGI” rent. These tenants pay about 30% of their monthly household income on rent. A subsidy paid directly to the non-profit covers the difference between the RGI rent and the full rent.
You are eligible for subsidy if:
- each member of your household is either a Canadian Citizen, permanent resident of Canada, or a refugee claimant
- at least one household member is 16 years or older
- If you are a former social housing tenant, you must have paid any arrears in full, and have no convictions for misrepresenting your income or fraud for at least 2 years (or longer in some areas)
- If you own a permanent residence, you must sell the property within 6 months (or longer in some areas) of moving in
- If you are disabled, you must be able to live independently or arrange for your own support, unless the supports are part of the services provided by the non-profit
You apply for subsidy at the same time as you apply for housing.
Residential Tenancies Act
Non-profit housing tenants are covered by the 2007 Residential Tenancies Act, which replaces the Tenant Protection Act. This Act sets out the rights and responsibilities of tenants and landlords.
As a tenant, you have the right to:
- have a pet
- privacy
- reasonable enjoyment of your unit
- adequate maintenance and services
- freedom from harassment
You have the responsibility to:
- to pay rent on time
- to keep your unit clean
- to not damage your unit
- to not harass the landlord or disturb other tenants
- to not commit any illegal acts on the premises
Non-profit tenants are not covered by some of the rent-setting rules in the Tenant Protection Act. Increases are not based on rent control guidelines. If your receive a subsidy, your rent will go up and down with your income.
The Community Legal Education Ontario website has many plain-language publications on Landlord and Tenant Law, including Care Homes, Fighting an Eviction, How to Make an Application to the Tribunal, Maintenance and Repairs and What Tenants Need to Know About the Law.
Human Rights Code
In Ontario, it is illegal for landlords or tenants to discriminate against you, treat you unfairly, or harass you, because of:
- your race, colour, ethnic origin or place of origin
- your religion
- your age
- your sex
- your disability
- your marital status
- your sexual orientation
- the fact that you are pregnant or have children
- the fact that you receive social assistance
If another tenant where you live is discriminating against you, or harassing you, your landlord must take action to stop the discrimination.
If a landlord is discriminating against you, you can complain to the Ontario Human Rights Commission. You can also make an application to the Ontario Rental Housing Tribunal about harassment based on discrimination.
For advice see the Community Legal Education Ontario’s handbook, Harassment and Discrimination or telephone the Centre for Equality Rights in Accommodation (CERA) at (416) 944-0087 or 1-800-263-1139.
New Rules for Non-Profit Housing Tenants
In 2001, the Ontario Government set out some new rules for non-profit, co-op and public housing. Here are the changes that will affect tenants most.
You now have just 10 business days* to report changes (* Some municipalities allow longer than 10 days). If you receive subsidy (that is, pay rent-geared-to-your-income) and:
- your income goes up
- someone moves in or out of your unit
- your citizenship status changes
then you must write to the non-profit within 10 business days* (or the deadline set in your area), or risk losing your subsidy.
Everyone 16 years and over must now sign the lease.
You must make a “reasonable effort” to get any income you may qualify for, including:
- Ontario Works
- Old Age Security (OAS) or the Canada Pension (CPP)
- Employment Insurance (EI)
- Money promised to you under an immigration sponsorship agreement
- Child support payments (Note: you do not have to pursue any source of income that would put your safety at risk.)
If you are overhoused you must move to a smaller unit. If you have fewer people in your unit than the rules allow, you will be placed at the top of the non-profit’s waiting list. If no suitable units become vacant in the non-profit within 12 months, then you will be placed on the municipality’s central waiting list. If you refuse three offers of a smaller unit, you will lose your subsidy.
You have the right to appeal decisions. You can ask for a review if you believe:
- a subsidy decision is based on wrong information
- your rent is not calculated correctly
- you have been wrongly cut off subsidy
- your request for a transfer has been unfairly refused
- you have been wrongly asked to move because you are overhoused
Write to the office where the decision was made within 10 business days. The review will be carried out by someone who was not involved in the original decision.
Your municipality can also set some new policies.
- It can set new occupancy standards (rules about the number of bedrooms a household paying rent-geared-to-income can have)
- It can set top limits on the income or the assets a person on subsidy can have
- It can set limits on the length of time a subsidized household can be away from their unit for non-medical reasons (That limit can’t be less than 60 days.)
Home/Apartment Insurance
(courtesy of Gail Henri and Ahmad Luqman, Ottawa Community Housing Corp.)
In a typical year, there are several incidents where fire destroys the homes and belongings of tenants in our communities. Grease fires, careless smoking and children playing with matches or lighters are the most common causes of fires in our tenant communities. Besides taking the appropriate precautions when you cook with grease or oil and when smoking or using matches and lighters, it is also important that you have insurance coverage. The Insurance Bureau of Canada lists two very important reasons for tenants to buy an insurance package:
- It costs money to replace typical household items like a television, furniture, dishes, a stereo and CDs, if you lose them in a fire and don't carry home insurance. The landlord is not responsible for loss or damage that occurs in your home, unless it can be proven that the landlord was negligent. It's up to the tenant to insure his or her own personal property.
- You may be held responsible for the damage you cause to any part of the building or to others who live or visit there. For example, if you leave the water running in your bathtub and it leaks to the apartment below, you are liable for that damage. You could end up owing hundreds or thousands of dollars to your landlord if you don't have personal liability insurance. Personal liability insurance is usually included when you buy a tenant's insurance package.
If you're on Ontario Works (OW) or Ontario Disabilities Support Program (ODSP) you might be able to have your insurance fees covered by OW or ODSP. As long as your total monthly housing cost (rent + utilities + insurance) is less than your Maximum Monthly Shelter Allowance, OW or ODSP can pay for your insurance.
| Example for a family of 2 on Ontario Works |
| Rent | | $300 | |
| Utilities | | $100 | |
| Insurance | | $20 | |
|
| Total | | $420 | --> less than the $511 maximum shelter allowance |
| Your insurance can be covered! |
The average cost (premium) for a typical tenant insurance package quoted by a major Ottawa insurance company is $200 to $250 a year, or less than $17 to $21 a month. You may also qualify for a discount if you are a senior or a non-smoker. This package would cover up to $20,000 - $30,000 for household contents and up to $1 million for personal liability.
The Insurance Bureau of Canada can answer questions about tenant insurance. However, they don't provide any quotes for insurance. You can call or visit their website at:
Insurance Canada has good information about what you should know before buying insurance. Their website: www.insurance-canada.ca has a directory of insurance providers and can provide quotes for insurance.
Tenant Participation
Many non-profit housing tenants volunteer to improve the quality of life in their non-profit. Some serve on their non-profit’s Board of Directors, or work with other tenants through tenant associations, tenant councils or advisory committees.
Others are involved in parent-child drop-ins, Neighbourhood Watch, breakfast clubs, recycling programs, gardening, tutoring, offering classes, organizing parties...the list is endless.
Useful Links for Tenants
Legal
Tenants’ organizations
Government
Advocacy groups
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