Former Tenant/Member Arrears (H-06-08)

The policies and procedures in this Directive are to be implemented under the following programs:

• Public Housing Program
• Non-Profit Program
• Co-op Program
• Federal Program
• Social Housing Registry
• Aboriginal Program
• Public Housing Rent Supplement Program
• Ontario Community Housing Assistance Program (OCHAP)
• Community Sponsored Housing Program (CSHP)

Background

One of the eligibly procedures for all applicants who are seeking RGI assistance is screening for former tenant arrears. Under s. 7 (1) of O. Reg. 298/01 amended to 556/05, no member of the household can owe rent arrears and/or money owed as the result of reimbursement requested by the Service Manager under s. 86 of the Act, and/or money owed as a result of damage caused by a member of the household with respect to a previous tenancy in any housing project under any housing program.

However, an applicant or special priority household category applicant with former arrears is considered to be eligible for RGI assistance in the following cases: 

• if the Service Manager is satisfied with extenuating circumstances
• if any member of the applicant household has entered into an agreement with former Housing Provider for the repayment of the arrears and the Service Manager is satisfied that the member is making or intends to make all reasonable efforts to repay the arrears.

In the case of a former joint tenancy with an abusing individual, a special priority applicant must enter into an agreement with the Housing Provider for the repayment of 50 per cent of the arrears, and the Service Manager is satisfied that the member is making or intends to make all reasonable efforts to repay 50 per cent of the arrears.

Action to be taken

In the case of former tenant/member arrears indicated by an applicant under Part A of the Application Form, The Social Housing Registry will assess the completeness of the application form with respect to existing repayment schedule and its standing.

The application form is deemed to be incomplete until the repayment schedule (Attachment 1) or Tenant/Member Arrears Report (Attachment 2) is signed by the Housing Provider and attached to Part A of the Application Form.  It is responsibility of the applicant to provide all required information and documentation.  Procedures are indicated in the Chart attached to this Directive (Attachment 3).

Under the standard reporting form Housing Providers will identify:

• The type of former tenant/member arrears (rent reimbursement requested by a Housing Provider under s. 86 of the Act, or damage arrears)
• The status of the Repayment Schedule.

Tenant/Member Arrears Report must be prepared by the Housing Provider and will be utilized by The Social Housing Registry for the eligibility determination.

Applicants are eligible for RGI assistance with the repayment schedule in good standing as defined by the Housing Provider.  Repayment schedules should not exceed 6 months unless extenuating circumstances are specified by the household and accepted by the Housing Provider.  As a general practice, it is anticipated that by the time of the selection for a vacant unit former tenant/member arrears are to be paid in full by the applicant unless extenuating circumstances are specified.

Eligibility of the applicant with the repayment schedule will be monitored by The Registry through a periodic eligibility review based on updated repayment schedule information provided either by the applicant for by the Housing Provider.

Housing Providers must notify The Registry if they receive irregular or no payments under the signed repayment schedules with their former tenants/members who have applied for RGI assistant.  In this event, The Registry will initiate the eligibility review for these applicants under s. 11 of O. Reg. 298/01 amended to 182/02.

The eligibility requirement with respect to former tenant/member arrears applies to any housing project and any housing program administered by the Service Manager, including federal programs. Housing Providers may deem an eligible applicant unsuitable if arrears are not paid in full.

Federal program providers not administered by the Service Manager but voluntarily participating in the centralized waiting list delivery should amend their operational policy including a Board motion on reporting former tenant/member arrears to The Social Housing Registry.

Attachments

• Arrears Repayment Agreement and Schedule
• Former Tenant/Member Arrears Report
• Arrears Procedural Flowchart

Reference

• s. 7 (1), s. 11, O. Reg. 298/01 amended to 556/05

Cheryl Mastantuono
Manager, Policy Development

The following individuals have received a copy of this Directive:

• Lance Thurston, Commissioner, Department of Community Services
• Greg Grange, Director, Community and Family Services Department
• Liz Fulton / Marian VanBruinessen / Susan Beckel, County of Frontenac
• Alan McLeod, Senior Legal Counsel, Legal Division
• Supervisors, Housing Programs
• The Social Housing Registry
• Tanie Steacy, Manager, Program Delivery
• Adéle Lafrance, Manager, Administrative Services 

If you have any questions, please contact a Housing Programs Administrator, Housing and Social Services Department.