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Social Housing (Ontario)
Legal Guide
Ch.4 - Applications and Notices of Decisions
(23 November 2021)- Applications
(a) Overview
(b) Contents of the Application
(c) Local Restrictions on Contents of the Application
(d) Application Processing Rules
- Notices of Decision
(a) Notices of Decisions
(b) Requirements of Notice
1. Applications
(a) Overview
"A member of a household may apply, on behalf of the household, to a service manager for rent-geared-to-income assistance for a unit in a housing project in the service manager’s service area" [HSA 44(1)]. The application "must be in a form authorized by the service manager" [HSA 44(4)].
(b) 'Contents of the Application' [parentheses intentional]
The contents of a RGI application are apparently meant to be specified in the General Regulation [by HSA 44(2)]. Indeed, HSA 44(2)(a) sets out that applications "must include, ... (a) the prescribed information and documents".
The use of the term "prescribed" normally means that the details will be set out in the Regulations, but I haven't found them - either in the General Reg (where I would expect them) or in an other Regs.
If there are no prescribed Regulations for this purpose, the practical result is that local application forms will be made and used, despite the apparent legal inconsistency. Indeed, the Act does provides that "(a)n application must be in a form authorized by the service manager." [HSA 44(4)].
But see (c) ["Local Restrictions on Contents of the Application"] following, which sets out specific restrictions on what the service manager may request in the application. These restrictions are set out in the General Regulation.
In any event, the service manager shall determine whether the household is eligible for RGI assistance in accordance with the provincial [see Ch.3, s.2 "Provincial RGI Eligibility Rules"] and local rules [see Ch.3, s.3 "Local RGI Eligibility Rules"] [HSA 45(2)1]. It is hopefully safe to expect that such applications follow these eligibility laws, and one sample I have seen of such a service manager-drafted application form does just that.
(c) Local Restrictions on Contents of the Application
A service manager may not require as part of an application [HSA 44(3), Genl Reg 43]:- Where Unable to Supply Information or Documents
The service manager shall not require a person to provide information or documents if satisfied that the person is unable to do so.
- Housing Provider Mandate Notification
The service manager shall not require information or documents with respect to an application for housing, under its mandate under HSA 76 ["Mandates under former Act"] to provide housing to households that are homeless or hard to house, if the housing provider informs the service manager that they are of the view that requiring the information or documents would be inappropriate in the circumstances.
- Where Application Includes Special Priority Request re Abuse and Risk of Abuse
The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the abuse, other than trafficking, of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents.
- Where Application Includes Special Priority Request re Trafficking and Risk of Abuse
The service manager shall not require information or documents with respect to an application that includes a request for inclusion in the special priority household category that relates to the trafficking of a member of the household, if the member of the household making the request believes that he or she or any other member of the household will be at risk of abuse if he or she attempts to obtain the information or documents.
(d) Application Processing Rules
Applications shall be processed under the following rules [HSA 45(1-2), Genl Reg 44]:- If Application Incomplete, Notification to Applicant
If the service manager determines that an application is not complete, the service manager shall notify the household, without delay, of what is necessary to complete the application.
If an application includes a request for inclusion in the special priority household category, the service manager shall only notify the member of the household who made the application [the 'possible victim'], but not any other member of the
household.
If, after making reasonable efforts to contact the possible victim the service manager is unable to contact them and they have authorized the service manager to contact an identified individual [see Ch.6 Priority Ranking, s.6(b): "Authorization for Third-Party Contact"; Genl Reg 56.1(1)], the service manager:. shall make reasonable efforts to contact the third-party,
. shall request only that the third-party advise the member to contact the service manager, and
. shall not provide the third-party with any other information regarding the circumstances. - When Application Complete
Once an application is complete, the service manager shall determine, without delay, whether the household is eligible for rent-geared-to-income assistance.
- Where Application Complete and Includes Special Priority Request
For applications that include a request for inclusion in the special priority household category, the service manager shall determine, within 14 days, whether the request would be granted and - if so - whether the household is RGI eligible.
2. Notices of Decision
(a) Notices of Decision
On determination of the following issues, the service manager shall give written Notices of Decision as follows [HSA 53(1,2]:- Eligibility for RGI Assistance
A determination, [under HSA 45(1): "Determination of eligibility"] whether the household is eligible for RGI assistance. Notice is given to the household.
A negative Decision of this is Reviewable by the household [under HSA 156]. [see Ch.11: "Reviews (Appeals)"]
- Size and Type of Unit Permissible If Assistance Granted
A determination [under HSA 46(1): "Determination of size and type of unit"] of the size and type of unit that would be permissible if the household received RGI assistance. Notice is given to the household.
This Decision is reviewable by the household [under HSA 156]. [see Ch.11: "Reviews (Appeals)"]
- Priority Categorization
A determination [under HSA s.48(1): "Determination of priority"] whether the household is included in a category given priority over other categories. Notice is given to the housing provider.
With respect to the household, if a decision relates to the special priority household category, a notice shall be given only to the member of the household who made the request [Genl Reg 61(4)].
If, after making reasonable efforts to contact the member, the service manager is unable to contact them and the member has authorized the service manager to contact an identified third-party individual [see Ch.6 Priority Ranking, s.6(b): "Authorization for Third-Party Contact"; Genl Reg 56.1(1)], the service manager shall [Genl Reg 61(5)]:. make reasonable efforts to contact the individual:
. request only that the individual advise the member to contact the service manager; and
. shall not provide to the individual any other information regarding the circumstances. A negative Decision of this is Reviewable by the household [under HSA 156]. [see Ch.11: "Reviews (Appeals)"]
- Amount of Rent Payable
A determination [under HSA 50(1): "Amount of geared-to-income rent"] of the amount of rent payable by the household, to the household and the housing provider. Notice is given to the household and the housing provider.
This Decision is reviewable by the household [under HSA 156]. [see Ch.11: "Reviews (Appeals)"]
- Ineligibility on Periodic Review
A determination on review [under HSA 52(1): "Review of continued eligibility"] that the household is no longer eligible for RGI assistance. Notice is given to the household and the housing provider.
A negative Decision of this is reviewable by the household [under HSA 156], see Ch.11: "Reviews (Appeals)"]
- Forgiven or Deferred Rent
A determination [under HSA 51(1): "Deferral or forgiveness of geared-to-income rent"] as to whether or not rent will be deferred or forgiven. Notice is given to the household and the housing provider.
This Decision is not reviewable by the household.
(b) Requirements of Notice
A notice of a decision shall be given within seven business days after the decision is made, or within such other time period after the decision is made as the local service manager may establish [Genl Reg 61(2)].
The notice of a decision must include the following [Genl Reg 61(3)]:- a statement of the date of the decision;
- if a review of the decision may be requested [under HSA 156] [for reviewability, see "(a) Notices of Decisions", above]:
. a statement that a member of the household may request a review,
. information about how to request a review and what the deadline is for doing so, and
. a statement of the reasons for the decision. - if a review of the decision may not be requested [under HSA 156], then a statement that a review may not be requested. [for reviewability, see "(a) Notices of Decisions", above]
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