Date issued Effective date
August 1, 2016 Immediately

Applicability to Social Housing programs

The City Guideline is applicable to the programs for which there is an “X” in the table below.

Applicability Program

X

Housing Services Act, Part VII Housing Projects, Market and Rent-Geared-to-Income, Section 78 Housing Providers (formerly 110)

X

Housing Services Act, Part VII Housing Projects, 100% Rent-Geared-to-Income, Section 78 Housing Providers (formerly 110)
Federal Non-Profit Housing, Section 26/27
Federal Non-Profit Housing, Section 95

X

Rent Supplement Programs for Sections 26, 27, 95 and New Affordable Housing Providers

X

Toronto Community Housing Corporation

If your program is not checked in the Applicability column, this City Guideline does not apply.

About City Guidelines

Under the authority of the Housing Services Act, the City of Toronto, Shelter, Support and Housing Administration (SSHA) Division City Guidelines and Rent-Geared-to-Income (RGI) Manual are the authority for housing administration and RGI administration for social housing providers in the City of Toronto.

 

City Guidelines are the City of Toronto’s mandatory policies and procedures that social housing providers must follow. City Guidelines are most often issued when a Local Rule is established by the City of Toronto, the Rent-Geared-to-Income (RGI) manual is updated, or other relevant legislative changes or operational requirements occur. City Guidelines which impact RGI have been incorporated into the RGI Manual.

Please see www.toronto.ca/socialhousing for more information.

Background

City Guideline 2014-1 established the online RGI Administration Manual as the authority for RGI administration in the City of Toronto. The Social Housing Unit is re-issuing Chapters 1, 3, 4, 5, 7 and 10 with the following changes:

Chapter 1 and Chapter 4

Definition of a Recognized Educational Institution

The Province updated the definition of recognized educational institution in O. Reg. 298/01 effective July 1, 2016. The definition of a college is changed to update the establishing legislation. A new definition for private career colleges now replaces the previous reference to private vocational schools.

Chapter 3

1. Status in Canada

If a household includes a person who came to Canada on a visa, the household is not eligible for RGI assistance, unless Immigration Canada has accepted an application for permanent resident status from the visa holder.

2. Absence from Unit Extenuating Circumstances

The subsections have been re-numbered to make it clearer that housing providers have authority to extend the time for permitted absence in extenuating circumstances.

Chapter 5

1. Exemption amount for non-interest bearing bank accounts

The Province has increased the exemption amount for non-interest bearing bank accounts from $1,000 to $5,000 effective July 1, 2016. Chapter 5 has been updated to reflect this increase.

Imputed income is calculated on that part of the average minimum monthly balance in non-interest bearing bank accounts that exceeds $5,000.

2. Correction regarding application of exemption for non-interest bearing bank accounts

Chapter 5 has also been updated to correct the City’s interpretation of the rules regarding the exemption for non-interest bearing bank accounts:

  1. The exemption applies to non-interest bearing bank accounts only. It does not apply to interest bearing bank accounts.
  1. Each family member is entitled to a $5,000 exemption on his or her interest in non-interest bearing bank accounts. Previously, the Manual stated that a household was entitled to a single exemption.

Where two or more household members each have a non-interest bearing bank account, each member is entitled to an exemption on that part of the average minimum monthly balance in his or her account that exceeds $5,000.

Where a family member has multiple non-interest bearing bank accounts, he or she is eligible for a $5,000 exemption on his or her assets in these accounts.

3. Definition of a Recognized Educational Institution

The Province updated the definition of recognized educational institution in O. Reg. 298/01 effective July 1, 2016. The definition of a college is changed to update the establishing legislation. A new definition for private career colleges now replaces the previous reference to private vocational schools.

4. Update to Excluded Education Income

The Province updated the list of excluded education income in O. Reg. 298/01 section 50 (3) effective July 1, 2016. Scholarships, fellowships or bursaries received by students for studies at a recognized post-secondary institution are now excluded as income.

Chapter 7

1. Special Needs Households

Overhoused Special Needs Household:

If a special needs household is overhoused, follow the same process as for non-special needs households.

Not Eligible for Special Needs Housing:

If a household is no longer eligible for special needs housing, the housing provider must encourage the household to move to a non-special needs unit. The Residential Tenancies Act permits the housing provider to evict the household for no longer meeting the qualifications for occupancy.

2. Loss of Eligibility due to Paying RGI Rent Equal to Market Rent for 12 Months

Chapter 7 has been updated to correct the effective date for loss of eligibility due to paying market rent for over 12 months.

The RGI Manual previously stated that where households have lost eligibility due to paying market rent for 12 months, the housing provider should give a notice of decision at the end of the 12 months with an effective date 90 days after the notice is given.

The Housing Services Act is clear that loss of eligibility occurs as of the end of the 12 month period. There is no additional notice period before the loss of eligibility takes effect.

Chapter 10

Appendix 4 Notice of Decision has been modified. It now includes situations where a housing provider reviewed and refused a household’s request for an additional bedroom.

Appendix 6 Rent Calculation has been modified to increase the exemption on non-interest bearing bank accounts to $5,000. It has also changed to make it clear that the exemption applies to non-interest bearing accounts, and not to interest-bearing accounts.

Actions required

Social housing provider RGI administrators (SHPs) must take the following actions:

  1. RGI Administrators must comply with the online RGI Administration Manual when administering the RGI Program.

Questions

If you have any questions, please contact your Social Housing Consultant or the SHU:

Social Housing Unit

Shelter, Support & Housing Administration

City of Toronto

365 Bloor Street East, 15th floor

Toronto, ON M4W 3L4

Telephone: 416-392-4126

Email: socialhousing@toronto.ca

Website: www.toronto.ca/socialhousing