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4. Mobile Home Parks and Land Lease Communities

Note: With Bill 184 [s.1], a category of land lease units were rendered fully exempt from the RTA. See this chapter, s.2(i) "Business Live-In Employee Accomodation".

(a) Definitions

This section deals with "mobile home parks" and "land lease communities". While these similar rental arrangements are distinguishable by the nature of the dwelling involved (mobile home design versus "permanent structure" design), the law that applies to them both is similar [Act s.152].

Note:
When reviewing the Act provisions regarding these issues, note that the Act only refers to "mobile homes". However, by Act s.152(2), these rules apply to "land lease communities" as well.

A "mobile home" is defined as "a dwelling that is designed to be made mobile and that is being used as a permanent residence" [Act s.2(1)]. If the mobile home is owned by the tenant then the land on which it sits is a "rental unit" under the RTA [Act s.2(4)]. If both the mobile home and the land on which it sits are rented, then both comprise the "rental unit". The "mobile home park" is the total of all such occupied "rental units" plus "the land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants of the landlord".

A "land lease home" is defined as "a dwelling, other than a mobile home, that is a permanent structure where the owner of the dwelling leases the land used or intended for use as the site for the dwelling" [Act s.2(1)]. Similarly, the land on which a tenant-owned "land lease home" sits by virtue of rental is a "rental unit" under the RTA [Act s.2(4)], and the "land lease community" is the total of all such occupied "rental unit" plots plus the "land, structures, services and facilities of which the landlord retains possession and that are intended for the common use and enjoyment of the tenants" [Act s.2(1)].

(b) Overview

The provisions of the Residential Tenancies Act apply to mobile home parks and land lease communities except as otherwise provided by sections 152-167, which are the subjects considered in this section of the Legal Guide [Act s.3(3), 152].

When referring to both "mobile homes" and "land lease homes" in this section I use the simple term "home" or "homes".

While the definition of "land lease home" necessarily includes ownership of such home by the tenant (who leases the plot), ownership of the dwelling is not a necessary part of the definition of "mobile home" [Act s.2(1)] - but s.153 of the Act seems to indicate that mobile homes under the Act are tenant-owned. For the situation where an owner/tenant of a mobile home or land lease community home rents their home, see "4(d) Tenant's Right to Lease or Sell Home", below.

(c) Basic Landlord Duties and Prohibitions

. Information Duties to Tenant

If the landlord establishes rules for the mobile home park or land lease community, the landlord must provide copies of same to the tenants and advise them promptly in writing of any changes thereto [Act s.154(1)]. The tenant's obligation to pay rent is suspended (not cancelled) during such time that the landlord is in breach of these duties [Act s.154(2)] (ie. a tenant can withhold rent, but must 'catch it up' later once the omission is corrected) [Act s.154(3)].

Where the tenant must pay the landlord reimbursement for property taxes charged by the municipality for their home (ie. if the lease calls for the tenant to pay these), the landlord shall provide the tenant with copies of any "information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes" they receive [Act s.155(1)].

The tenant's obligation to pay such property tax reimbursement is suspended (not cancelled: ie. the tenant can withhold it, but must 'catch it up' later once the omission is corrected) during such time that the landlord [Act s.155(2-4)]:

• is in breach of this duty with respect to the most recent information obtained by the landlord from the Municipal Property Assessment Corporation; or
  
  
• "has not, in the previous 12 months, obtained written information from the Municipal Property Assessment Corporation with respect to the value of the mobile home for assessment purposes". However property tax reimbursement by the tenant may not be withheld by them if the landlord has made "reasonable efforts in the previous 12 months" to obtain such information, but the efforts have been unsuccessful.

. Repair and Maintenance

In addition to the general repair duties imposed on all landlords [Act s.20; see Ch.3, s.4: "Tenant Rights, Responsibilities and Remedies: Repairs, Vital Services and Maintenance"] mobile home park and land lease community landlords must also [Act s.161]:

• remove or dispose of garbage or ensure the availability of a means for removing or disposing of garbage at reasonable intervals;
  
  
• maintain roads in a good state of repair;
  
  
• remove snow from roads;
  
  
• maintain the water supply, sewage disposal, fuel, drainage and electrical systems in a good state of repair;
  
  
• maintain the grounds and all buildings, structures, enclosures and equipment intended for the common use of tenants in a good state of repair; and
  
  
• repair damage to a tenant's property, if the damage is caused by the wilful or negligent conduct of the landlord.

Casenote: Matthews v Algoma Timberlakes Corporation (Ont CA, 2010)

In this remote land lease community case the tenants sought a Board declaration under RTA s.9(1)(a) exempting the landlord from specific duties under the RTA, such as duties under ss.20 and 161 [which applied to land lease communities by virtue of s.152(2)] respecting repair, compliance with "health, safety, housing and maintenance" standards, remove garbage, provide roads and snow removal, utilities, etc. Presumably the tenants were happier with an arrangement where they did those things and wanted to avoid any AGI rent increases.

While holding that s.9(1)(a) did not give the Board jurisdiction to engage in specific discretionary line-by-line exemptions from the RTA, so that the landlord was bound by these repair and service duties, the court downplayed the actual burden that they imposed on landlords by embarking on a comparative analysis of the nature of the repair and maintenance duties imposed on them. In so doing it made the following points:

. most of the RTA s.161 duties (which applied to mobile home parks and
landlord lease communities) only require the landlord to 'maintain'
services and facilities "only if those services have already been
provided" (the court's words);

. the Reg 517/06 s.2(2) duties - which apply by virtue of RTA s.224(1)
in remote and areas that are not municipally-organized - only require the
landlord to "ensure that the maintenance standards in this Regulation are
complied with".

Compare these phrasings with the more strenuous duty located in the primary
repair and maintain duties set out in RTA s.20: ie. "providing and
maintaining".

. Restraint of Trade Prohibited

Except for the purposes of establishing "reasonable standards for mobile home equipment" (and presumably any necessary and reasonable land lease home equipment compatibility with landlord equipment), "a landlord shall not restrict the right of a tenant to purchase goods or services from the person of his or her choice" [Act s.160].

This provision is meant to prevent landlords from establishing and exploiting "captive markets" amongst their tenants via trade restrictive lease terms.

(d) Tenant's Right to Lease or Sell Home

. Overview

Subject to complications explained in this section, tenants of mobile home parks and land lease communities have the right to sell or rent the homes that they own without landlord consent [Act s.156(1)]. On such sales - or anticipated sales - and rentals, issues understandably arise (amongst others) as to the assignment of the tenancy agreement for the site on which the home sits.

. "Landlord as Agent" Provisions

In past landlords have attempted to control a tenant's ability to sell or rent their homes by including "agency" arrangements within leases which purported to give the landlord the exclusive right to act as the tenant's agent for such transactions.

Now however, inclusion of such agency provisions within leases (with respect to sales at least) are prohibited [Act s.156(3)]. That said, such agency arrangements for both sales and renting are still allowed "in accordance with a written agency contract entered into for the purpose of beginning those negotiations" [Act s.156(2)].

These seemingly contradictory provisions (at least re selling) appear to prohibit the landlord requiring the agency arrangements as a condition of the lease - but allowing tenants to independently make such agency arrangements with the landlord (ie. aside from the lease, and presumably freely), and then only for the beginning of such negotiations.

. Landlord Right of First Refusal

A "right of first refusal" is a device sometimes used to give preference to a specific party on the chance of a specific future transaction. It is roughly like an 'option'.

Mobile home park and land lease community landlords may include in a tenancy agreement such a right, being "a provision prohibiting the tenant from selling the mobile home without first offering to sell it to the landlord". [Act s.157(1)]. In such a case, where an acceptable offer is presented to the tenant for purchase by a third party, the landlord is entitled make an offer at the same price and terms, and to have it accepted [Act s.157(2)]. Any provisions in the tenancy agreement purporting to allow the landlord a reduced price are void [Act s.157(4)].

The tenant receiving the first acceptable offer from a third party must so notify the landlord and give them 72 hours to exercise their "right of first refusal" [Act s.157(3)].

. Advertising

The landlord shall not prohibit the tenant from placing a "for sale" sign in their home's window, unless [Act s.158]:

• such a prohibition applies to all tenants in the mobile home park or land lease community, and
  
  
• the landlord provides, free of charge to all tenants, a prominent and publicly-accessible bulletin board where such advertisements may alternatively be placed.

. Assignment of Site Lease on Sale

When a tenant wants to sell their mobile home or land lease home they will normally want to ensure that the purchaser can take assignment of the site "rental unit" (ie. it's land lease). It is a long-standing legal principle that while a landlord has the right to refuse consent to the assignment of a rental unit [see Ch.1, s.5: "Fundamentals: Subletting, Assignment and Similar Arrangements"], such consent must not be "arbitrarily withheld".

Now, where a tenant "has sold or entered into an agreement to sell the tenant's mobile home" and the tenant asks for consent for assignment to the specific purchaser, the landlord may not generally (that is, they may not completely refuse it to all possible assignees) refuse consent to assignment [see Ch.1, s.5(d): "Request for Specific Individual Consent to Assignment"]. However, where they want to refuse the assignment to a specific purchaser they must seek a determination from the Landlord and Tenant Board that the grounds of their refusal are "reasonable" [Act s.159(1)]. Typically, "reasonableness" will be assessed from a commercial perspective (ie. credit-worthiness of the proposed assignee/purchaser), and perhaps also based on any prior behavioural problems known of.

Such application to the Board must be commenced within 15 days after the tenant's request for consent [Act s.159(2)], setting out the landlord's grounds for refusal [Act s.159(3)]. Failure of the landlord to bring such application by that time will result in consent being "deemed" to have been given by the landlord [Act s.159(4)].

Form A2: Application About a Sublet or Assignment
. Rent Increases on Assignment and Subsequent Sale

Where the site is assigned and the assignee either purchases the home or enters into an agreement of purchase and sale for it, then the landlord may increase the rent by the greater of [Act s.165; Reg s.50]:

• the amount that any above-guideline rent increase authorizes over the next year [see Ch.11]; or
  
  
• $50 per month.

(e) Termination of Tenancy

Tenants of mobile home parks and land lease communities are generally subject to the same termination grounds as "regular" tenants [Act s.3(3)].

That said, there are some modifications to the termination and eviction provisions applicable to such premises where the termination reason is for demolition, conversion (to a use other than rented residential premises) or repair/renovation [Act s.50; see Ch.5, s.3 for the 'normal' rules for such terminations]. More specifically, for such terminations [Act s.164]:

• the notice period is at least one year;
  
  
• the "compensation" amounts (three months rent) established for regular tenancies in such circumstances are increased to the lesser of one year's rent, and $3,000.

All other provisions applicable to such terminations still apply, in particular the tenant's right to earlier termination, and rights of first refusal [Ch.5, s.3(c)].

(f) Landlord Duties re Mobile or Land Lease Home on Termination

. Overview

Terminations of mobile home and land lease tenancies hold unique consequences for the fate of the tenant's physical "home" - which is invariably by that time attached to the land, in varying degrees. In most circumstances they are far from being conveniently portable. As such, the RTA has imposed duties on landlords to ameliorate the impact of this awkward situation. These provisions are reminiscent of the "tenant property" provisions discussed in Ch.8, s.4: "Other Termination Procedures: Tenant Property" (which continue to apply to chattel property left in the mobile or land lease home), and if they are followed the landlord avoids liability for later "selling, retaining or otherwise disposing" of the mobile home [Act s.162(7)].

. When These Provisions Do (and Do Not) Apply

The following provisions apply where the tenant has vacated the "home" (which they must do if they are to vacate the site, which is the actual "rental unit") in accordance with [Act s.162]:

• (either party's) Notice of Termination,
  
  
• an Agreement to Terminate,
  
  
• a termination and eviction Order of the Board, or
  
  
• a termination (only) Order from the Board determining that the tenant has "abandoned" the rental unit [Act s.79] [see Ch.4, s.1(c): "Termination Fundamentals: Overview: Abandonment"].

Residual (ie. not listed above) "termination" circumstances are death of the tenant (discussed below) and "abandonment" where the landlord does not apply to the Board for a s.79 Order determining (declaring) the abandonment. While it is certainly advisable - for liability reasons if no other [Act s.162(7)] - for a landlord facing an abandonment situation to seek such an Order before dealing with the abandoned mobile or land lease home, the legal situation where they do not is not entirely clear and the issue arises as to what "other" laws might govern the treatment of the abandoned home.

One legal possibility for covering such 'left' homes under such residual terminations are the "tenant property" provisions for "normal" tenancies [see Ch.8, s.4]. These provisions are not on their face limited to chattel property [see Act s.41: "property in a rental unit", which could be interpreted to include mobile homes 'in' a site], and in any event a mobile home at least is usually considered a chattel. However these provisions do not apply to the mobile or land lease home either as they also are only triggered on the above-listed "proper" terminations.

Also relevant to these situations is the general prohibition on "distress" in residential landlord and tenant situations [ie. the seizure "without legal process" of property in satisfaction of debts: Act s.40]. As well, depending on the degree of "attachment" of the home to the land these situations may (or may not) fall under the abysmally antiquated law of "bailment" of chattel property.

It is likely that landlords will make everyone's lives easier - and save significantly on legal fees - by following the Board procedures under s.79 to legally confirm an abandonment before they begin to deal with the home as per the following provisions.

. Notice to Tenant

The first step in the process is to give formal Notice to the tenant of the landlord's intention to dispose of the home. In order to accomodate the situation of abandonment, such notice must be made by way of both [Act s.162(2)]:

• registered mail, sent to the tenant's last known mailing address; and
  
  
• "by causing a notice to be published in a newspaper having general circulation in the locality in which the mobile home park is located".

There are no rules as to the contents of such notice, but common sense dictates - minimally - naming the former tenant, an address and description of the property, the legal circumstances of it coming into possession of the landlord, full landlord contact information, and the citing of RTA s.162 as the process being followed.

. Disposal

As mentioned above, a landlord is protected from liability to the former tenant for "selling, retaining or otherwise disposing of" the mobile home if they follow the procedures explained here [Act s.162(7)].

If the former tenant has not claimed the home within 60 days after the above notice, the landlord may then "sell, retain for the landlord's own use or dispose" [Act s.162(3)].

If the former tenant, within six months after the notices are given, claims a home that has since been sold by the landlord, the landlord is obliged to pay them the net proceeds of the sale after deduction for [Act s.162(4)]:

• any arrears of rent (calculated only to the date of the formal "termination" of the tenancy either by Notice, Agreement or Board Order); and
  
  
• "the landlord's reasonable out-of-pocket expenses incurred with respect to the mobile home". This would reasonably include legal fees, advertising costs - and perhaps even the cost of reasonable improvements to the home undertaken for purposes of sale.

If the former tenant, within six months after the notices are given, claims a home that has been "retained for the landlord's own use, the landlord shall return the mobile home to the tenant" [Act s.162(5)].

The situation where a claim is made within six months after notice and the landlord has neither sold the home yet nor commenced using it themselves is unstated [it may be dealt with by a broad interpretation of the wording "retained for the landlord's own use"], but my best guess is that it invokes a duty to return it to the former tenant - conditional on the former tenant paying the landlord arrears of rent and "any reasonable expenses incurred by the landlord with respect to the mobile home" [Act s.162(6)].

. Death of the Tenant/Owner

In a "normal" tenancy, the death of the tenant is governed by a 30-day presumption of termination, and property disposal provisions [see Ch.4, s.1(d): "Termination Fundamentals: Overview: Death of the Tenant"] which - with some time period variations - are quite similar to the provisions set out above for abandoned homes.

However these provisions are specifically excluded where the deceased tenant owns a mobile or land lease home [Act s.163]. It appears that in these situations the tenancy legally continues, with building ownership flowing as per the tenant's will or the laws of intestacy, which are beyond the scope of this present Legal Guide.

Since the definition of tenant includes their "heirs" [Act s.2(1) "tenant" definition], it appears that on death the estate 'steps into the shoes' of the tenant for purposes of caring for the home (and paying rent) until other acceptable arrangements are made.

The situation where a tenant dies intestate and without any known (or interested) relatives is tricky, and may involve estate court proceedings which are beyond the scope of the present Legal Guide.

(g) Rent and Additional Charge Issues

. Overview

Tenants of mobile home parks and land lease communities are generally subject to the same rent control and "additional charge" provisions as 'regular' tenants [Act s.3(3)].

. Additional Charges

That said, additional charges regarding the entry, exit, removal, installation of - and "testing of water or sewage" in - a mobile or land lease home may be made, but only "to the extent of the landlord's reasonable out-of-pocket expenses" regarding such activities [Act s.166]. That means expenses disbursed to third parties, and verified by receipt - not landlord-imposed administrative or service charges.

. Above-Guideline Rent Increase Changes

This is pretty obscure.

Normally any above-guideline rent increases granted by the Board under s.126 [see Ch.11], if they are based on extraordinary capital expenditures (ECEs), may only be phased in over three years, at no more than three percent above-guideline per year [Act s.126(11)]. However, where the Board finds that such ECEs are for "infrastructure work required to be carried out by the Government of Canada or Ontario or a municipality or an agency of any of them" the Board may order phase-in for more than three years (in relation to a mobile home park or a land lease community) [Act s.167(1)].

For these purposes "infrastructure work" includes:

• "work with respect to roads, water supply, fuel, sewage disposal, drainage, electrical systems and other prescribed services and things provided to the mobile home park." [Act s.167(2)], and
  
  
• "work with respect to fire hydrants and related systems, poles for telephone service, walkways, garbage storage and disposal areas, fencing, retaining walls and flood control systems." [Reg s.51].

5. Superintendent's Premises

Note:
Related categories to this are: s.2(c) ["Farm Employment Accomodation", above], s.2(i) ["Business Live-In Employee Accomodation, above"], and Ch.5, s.7 ["Regular Landlord Terminations: Employee/Tenant Employment Terminations"].

(a) Overview

This section applies to the tenancy of a "janitor, manager, security guard or superintendent" who resides in the residential complex to which their work relates [Act s.2(1)] (hereafter "superintendents" and "superintendent's premises").

These situations are similar to others where a tenancy is provided in conjunction with employment - though the superintendent provisions apply more narrowly to the specific types of employment mentioned above and residence in the specific residential complex where the superintendent works. Superintendent terminations provide relatively little time to vacate.

(b) Termination of Tenancy on Employment Termination

Unless otherwise agreed between the landlord/employer and the superintendent, such tenancies terminate the same day that the employment terminates [Act s.93(1)], and the superintendent has seven days from that to vacate the premises [Act s.93(2)], which week shall be rent-free [Act s.93(3)]. There is no requirement for a Notice of Termination, but effectively notice of termination of the employment serves the same purpose.

Failure of the superintendent to leave by that time entitles the landlord to make application to the Board for an Order terminating and evicting the superintendent [Act s.94].

(c) Grounds of Employment Termination Irrelevant

Whether the underlying employment has been properly terminated (ie. whether it was with "just cause" or a "wrongful dismissal") will only very rarely be a defence to such a tenancy termination. Outside of some collective agreement (union) contracts and occasionally under Human Rights law [see the Isthatlegal.ca Human Rights (Ontario) Legal Guide, linked in the header], employment law does not give an employee a right to reinstatement in their job - only a right to sue for wrongful dismissal damages, and then only if they are later found to have been "wrongfully dismissed". In short - a "wrongfully" terminated employee is still a terminated employee (and in this case a terminated tenant as well). Further, employment may be "properly" terminated without any justification by the giving of a legally-acceptable notice period [see the Isthatlegal.ca Employment Law (Ontario) Legal Guide, linked in the header].

That said, the circumstances of the termination - if sympathetic - may be grounds on which the Board may be inclined to give the tenant/employee more time to leave the premises [see Ch.9, s.5(b): "Termination Defences: Positive Defences: Relief from Forfeiture"]. Further, the lost value of employment-related accomodation is a logical claim to make in a wrongful dismissal case - assuming the accomodation was provided at a lower-than market value rent (ie. as a subsidized, and wrongfully lost, employment benefit).


6. Homes for Special Care and Developmental Services Facilities

The province runs special residences under the Homes for Special Care Act (typically for former residents of long-term provincial psychiatric facilities) and the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act (SSPSIPDD)(typically, for developmentally-delayed persons now living in the community in group homes). SSPSIPDD residences include 'supported group living residences' and 'intensive support residences'. These premises, with the following institutional exceptions, are exempt from the wide variety of RTA provisions listed below:

• Southwestern Regional Centre, Cedar Springs
  
• Huronia Regional Centre, Orillia
  
• Rideau Regional Centre, Smith Falls

The exemptions are [Act s.6(1)]:

• serious breach rent increase restriction orders [Act s.30(1)6,7,8] [see Ch.3, s.5(c)]
  
  
• one month rent compensation to tenant on personal and purchaser possession termination [Act 48.1, 49.1] [see Ch.5, s.2]
  
  
• personal and purchaser possession termination condominium security of tenure provisions [Act s.51][see Ch.5, s.2(f)]
  
  
• demolition or conversion termination compensation provisions [Act s.52] [see Ch.5, s.3(f-g)]
  
  
• repair/renovation termination compensation provisions [Act s.54] [see Ch.5, s.3(e)]
  
  
• downsizing of residential complex by severance and subsequent termination for demolition, conversion or repair/renovation compensation provisions [Act s.55] [see Ch.5, s.3(h)]
  
  
• personal and purchaser possession termination barred where severance or subdivision [Act s.56] [see Ch.5, s.2(e)]
  
  
• unauthorized occupant and overholding subtenant deemed assignments after 60 days unchallenged occupancy [Act s.104] [see Ch.1, s.5(f)]
  
  
• general compliance with legal rent, rent controls, additional charges and Notice of Rent Increase laws [Act s.111-115, 117, 119-134, 136] [see Ch.10: "Rent Fundamentals"]
  
  
• care home information package duties [Act s.140] [see s.2(c) above]
  
  
• care home rent and service charge control laws [Act s.149-151] [see s.2(g) above]
  
  
• all mobile home park and land lease community laws [Act s.152-167] [see s.3 above]

7. Post-Secondary Educational Residences

Note:
Many premises otherwise falling into this category are fully exempt from the RTA as "Exempt Education-Related Accomodation" [see s.2(h), above]. See also s.8(b): "Social Housing: SHRA, Federal and Related Housing Program Exemptions", below.

For most tenancies it is prohibited for a landlord to require a tenant to give them a post-dated Tenant's Notice of Termination or to agree to an Agreement to Terminate at the time of, or as a condition of, entering into the tenancy agreement ("pre-obtained") [Act s.37(4-5); see Ch.4, s.3(d)]. This tactic is a way of attempting to create a truly "term" tenancy which can be enforced by the landlord, and is contrary to the "security of tenure" provisions of the RTA [Act s.38].

No doubt due to the seasonal nature of student residency, the following post-secondary student educational institution residential premises are exempt from those prohibitions [Act s.37(6-11)]:

• those "owned, operated or administered by or on behalf of" the institution; or
  
  
• those leased to the institutions by a landlord who agrees with the institution to:
  
  - rent the premises exclusively to their students
  - comply with agreed legal maintenance standards
  - waive vacancy decontrol rent increases.
  
  Note that non-compliance by the landlord with such terms constitutes material breach authorizing the institution to terminate the arrangement [Act s.37(9)], thus voiding the pre-obtained Notices of Termination and Agreements to Terminate and re-instating security of tenure for the students.
  
  Note further that the student-exclusive provision is not materially breached where the student-tenant leaves school and the landlord moves to terminate and evict the student under the pre-obtained Notice of Termination or Agreement to Terminate, or the student-tenant sublets the premises to a non-student [Act s.37(10)].
  
  Either party to such a landlord-institution agreement may terminate it on 90 days written notice to the other and upon termination the exemption from the pre-obtained Notice and Agreement prohibitions ends [Act s.37(11)].

Termination and eviction (ex parte) application procedures relating to pre-obtained Tenant Notices of Termination or Agreements to Terminate respecting such tenancies are explained in Ch.4, s.3(e).


8. Social Housing

(a) Overview

The law of social housing, even separate from it's RTA aspects (which are dealt with below), is daunting - for all of it's tenants, advocates and people working in it's administration.

I left the task of writing a thorough Social Housing (Ontario) Legal Guide for many years, but finally completed it in November of 2021. That guide deals with the Housing Services Act, 2011 aspects of social housing, and to get a flavour for it's difficulties you may want to first review Ch.9 Advocacy].

Turning now to the present issue (the RTA aspects of social housing), we start by recognizing that social housing [commonly, and accurately, described as 'rent-geared-to-income (RGI) housing'] is exempt from some aspects of the RTA. However, determining which form of social housing you are dealing with, and consequently which exemptions apply, is not always a simple task.

The best place to start is to determine the origins of the housing unit and trace it's categorization as per the four following groups:

• Housing Services Act (HSA) (Ontario), Federal and Related;
  
  
• Other Governmental RGI;
  
  
• Privately-Contracted RGI;
  
  
• Rural and Native Rental Housing Program.

Most social housing is governed under the HSA in municipally-run RGI units, and is dependent on income and asset reporting by the tenants to determine continued eligibility and assess subsidy rates.

Note that the previous Rental Housing Tribunal [now it's the Landlord and Tenant Board (LTB)] were regularly faced with applications to terminate and evict for non-payment of rent in situations where "rent-geared-to-income" (RGI) amounts were determined outside of normal rent controls. This brought them into complex and often policy-driven areas (discretionary to the public-housing provider) that they were uncomfortable with. Now, jurisdiction to determine eligibility for public housing - and eligibility for or the amount of such RGI (or similar) amounts - in such applications is removed from the Board [Act s.203]. This provision can create tensions with termination situations related to RGI [see Ch.6, s.7: "Early Termination for Cause: Social Housing Income Misrepresentation", and for "social housing ineligibility" in Ch.5, s.7: "Regular Landlord Terminations: Ineligibility for Social Housing"] as it acts as a bar to the tenant calling evidence on what the rent level properly 'should' be.

Rather such RGI disputes are now to be resolved under HSA-governed processes: Ellis v Peel Housing Corp (Peel Living) (Div Ct, 2009).

*** insert and explain Belaire (Div Ct, 2021) here

(b) Housing Services Act, Federal and Related Housing Program Exemptions

. Definition

For purposes of the below exemptions, this category of housing includes rental units meeting any of the following descriptions [Act s.7]:

• "owned, operated or administered by or on behalf of the Government of Canada or an agency of the Government of Canada." except where "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" [Act s.7(1)1,(4)].
  
  
• "(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" except where "the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation" [Act s.7(1)2,(5)];
  
  
• "located in a non-profit housing project or other residential complex" if it was "developed or acquired" under a program listed here: RTA General Regulation s.5: Prescribed Program "and continues to operate under" [RTA 7(1)3]:

  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.

• non-member units of a non-profit housing co-operatives; [for "member" units see s.2(d): "Non-profit Housing Co-operative Member Units", above] [RTA 7(1)4];
  
  
• "provided by an educational institution to a student or member of its staff and that is not exempt from this Act" [see for comparison s.2(h) ["Exempt Education-Related Accomodation", above] and s.7 ["Post-Secondary Educational Residences", below] except that the rent increase provisions apply where "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". [Act s.7(1)5,(6)];
  
  
• "located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis" [RTA 7(1)6].

. Exemptions

The exemptions are [Act s.7(1)]:

• serious breach rent increase restriction orders [Act s.30(1)6,7,8] [see Ch.3, s.5(c)];
  
  
• one month rent compensation to tenant on personal and purchaser possession termination [Act 48.1,49.1] [see Ch.5, s.2];
  
  
• personal and purchaser possession termination condominium security of tenure provisions [Act s.51] [see Ch.5, s.2(f)];
  
  
• demolition or conversion termination compensation provisions [Act s.52] [see Ch.5, s.3(f-g)];
  
  
• repair/renovation termination compensation provisions [Act s.54] [see Ch.5, s.3(e)];
  
  
• downsizing of residential complex by severance and subsequent termination for demolition, conversion or repair/renovation compensation provisions [Act s.55] [see Ch.5, s.3(h)];
  
  
• personal and purchaser possession termination barred where severance or subdivision [Act s.56] [see Ch.5, s.2(e)];
  
  
• assignment and sublet rights of tenants [Act s.95-99,101-102,143,159,165] [see Ch.1, s.5];
  
  
• the 60-day time limit for landlords bringing application to evict unauthorized occupants under s.100 [Act s.100(2)][see Ch.1, s.5(f)];
  
  
• unauthorized occupant and overholding subtenant deemed assignments after 60 days unchallenged occupancy [Act s.104] [see Ch.1, s.5(f)];
  
  
• care home information package duties [Act s.140] [see s.2(c) above];
  
  
• care home rent and service charge control laws [Act s.149-151] [see s.2(g) above];
  
  
• general compliance with legal rent, rent controls, additional charges and Notice of Rent Increase laws [Act s.111-115-122, 126-133, 167] [see Ch.10: "Rent Fundamentals"];
  
  except that "market rent" units (ie. non-RGI) within the residential complex are subject to:
  
  . the "12-month rule" [Act s.7(2), 119; see Ch.10: "Rent Fundamentals"];
  
  . the Notice of Rent Increase requirement [Act s.7(3), 116, 118; see Ch.10: "Rent Fundamentals"].

(c) Other Governmental RGI

. Definition

For the below exemption purposes, this category of housing includes government owned, operated or administered RGI housing units that do not come under (b) above [Act s.8].

. Exemptions

The following RTA provisions do not apply to an increase in RGI rent for these tenants:

• serious breach rent increase restriction orders regarding new tenants [see Act s.30(1)6] [see Ch.3, s.5(c)];
  
  
• general compliance with legal rent, rent controls, additional charges and Notice of Rent Increase laws [Act s.105-136 (Part VII of the RTA)] [see Ch.10: "Rent Fundamentals"].

The following RTA provisions do not apply to these tenants:

• assignment and sublet rights of tenants [Act s.95-99,101-102,143] [see Ch.1, s.5];
  
  
• the 60-day time limit for landlords bringing application to evict unauthorized occupants under s.100 [Act s.100(2); see Ch.1, s.5(f)];
  
  
• "serious breach" notices [Act s.114] and vacancy decontrol legal rent rules [Act s.113] to negotiated "new" tenants who were unauthorized assignees or subtenants [Act s.104(3)].

(d) Privately-Contracted RGI

. Definition

This category of housing, for the below exemption purposes, includes rental units where all of the following apply [Reg 6]:

• a private landlord has an agreement to provide housing services with either a municipality or its agent, a non-profit corporation controlled by a municipality, or a Housing Services Act, 2011 (HSA) local housing corporation or service manager,
  
  
• the unit is RGI and was developed under any of the following programs, and the tenant is so notified in either the tenancy agreement or otherwise:
  
  1. Canada-Ontario Affordable Housing Program - Rental and Supportive Housing.
  
  2. Canada-Ontario Affordable Housing Program - Northern Housing.
  
  3. Residential Rehabilitation Assistance Program.
  
  4. Supporting Communities Partnership Initiative.
  
  5. Municipal capital facility by-laws for housing or other council-approved municipal housing programs; and
  
  
• the tenant, at the time the tenancy agreement was entered into, was on or was eligible to be on a social housing waiting list.

. Exemptions

The RTA exemptions are [Reg s.6(1)]:

Note:
The "Other Governmental RGI" categorical exemptions [(c) above] do not apply if the unit is "privately-contract RGI" as set out above [Act s.8; Reg s.6(1)]

• serious breach rent increase restriction orders [Act s.30(1)6,7,8] [see Ch.3, s.5(c)];
  
  
• personal and purchaser possession termination condominium security of tenure provisions [Act s.51] [see Ch.5, s.2(f)];
  
  
• demolition or conversion termination compensation provisions [Act s.52] [see Ch.5, s.3(f-g)];
  
  
• repair/renovation termination compensation provisions [Act s.54] [see Ch.5, s.3(e)];
  
  
• downsizing of residential complex by severance and subsequent termination for demolition, conversion or
  
  repair/renovation compensation provisions [Act s.55] [see Ch.5, s.3(h)];
  
  
• personal and purchaser possession termination barred where severance or subdivision [Act s.56] [see Ch.5, s.2(e)];
  
  
• assignment and sublet rights of tenants [Act s.95-99,101-102,143,159,165] [see Ch.1, s.5];
  
  
• the 60-day time limit for landlords bringing application to evict unauthorized occupants under s.100 [Act s.100(2); see Ch.1, s.5(f)];
  
  
• unauthorized occupant and overholding subtenant deemed assignments after 60 days unchallenged occupancy [Act s.104] [see Ch.1, s.5(f)];
  
  
• care home information package duties [Act s.140] [see s.2(c) above];
  
  
• care home rent and service charge control laws [Act s.149-151] [see s.2(g) above];
  
  
• general compliance with legal rent, rent controls, additional charges and Notice of Rent Increase laws [Act s.111-115, 117, 120-122, 126-133, 167] [see s.10: "Rent Fundamentals"];
  
  except that "market rent" units (ie. non-RGI) within the residential complex are subject to:
  
  . the "12-month rule" [Reg s.6(4), Act s.119; see Ch.10: "Rent Fundamentals"];
  
  . the Notice of Rent Increase requirement [Reg s.6(5), Act s.116, 118; see Ch.10: "Rent Fundamentals"].

. Terminations

Note that termination for failure to meet RGI eligibility criteria [RTA 58(1)2] (Ch.5: Regular Landlord Terminations, s.7: Ineligibility for Social Housing) and RGI misrepresentation [RTA 60(1)] (Ch.6: Early Landlord Termination for Cause, s.7: Social Housing Income Misrepresentation), still apply for privately-contracted RGI [Reg 6(6)].

(e) Rural and Native Rental Housing Program

. Definition

For the below exemption purposes, this category of housing includes rental units "that were developed or acquired, and that continue to operate, under the Rural and Native Rental Housing Program established under the National Housing Act (Canada)" [Reg s.6(3)].

. Exemptions

The RTA exemptions are [Reg s.6(3)]:

Note:
The "Other Governmental RGI" categorical exemptions [(c) above] do not apply if these exemptions apply [Act s.8; Reg s.6(3)]

• serious breach rent increase restriction orders [Act s.30(1)6,7,8] [see Ch.3, s.5(c)];
  
  
• personal and purchaser possession termination condominium security of tenure provisions [Act s.51] [see Ch.5, s.2(f)];
  
  
• demolition or conversion termination compensation provisions [Act s.52] [see Ch.5, s.3(f-g)];
  
  
• repair/renovation termination compensation provisions [Act s.54] [see Ch.5, s.3(e)];
  
  
• downsizing of residential complex by severance and subsequent termination for demolition, conversion or repair/renovation compensation provisions [Act s.55][see Ch.5, s.3(h)];
  
  
• personal and purchaser possession termination barred where severance or subdivision [Act s.56] [see Ch.5, s.2(e)];
  
  
• assignment and sublet rights of tenants [Act s.95-99,101-102,143,159,165] [see Ch.1, s.5];
  
  
• the 60-day time limit for landlords bringing application to evict unauthorized occupants under s.100 [Act s.100(2); see Ch.1, s.5(f)];
  
  
• unauthorized occupant and overholding subtenant deemed assignments after 60 days unchallenged occupancy [Act s.104; see Ch.1, s.5(f)];
  
  
• care home information package duties [Act s.140] [see s.2(c) above];
  
  
• care home rent and service charge control laws [Act s.149-151] [see s.2(g) above];
  
  
• general compliance with legal rent, rent controls, additional charges and Notice of Rent Increase laws [Act s.111-115, 117, 120-122, 126-133, 167] [see Ch.10: "Rent Fundamentals"];
  
  except that "market rent" units (ie. non-RGI) within the residential complex are subject to:
  
  . the "12-month rule" [Reg s.6(4), Act s.119; see Ch.10: "Rent Fundamentals"];
  
  . the Notice of Rent Increase requirement [Reg s.6(5), Act s.116, 118; see Ch.10: "Rent Fundamentals"].

. Terminations

Note that termination for failure to meet RGI eligibility criteria [RTA 58(1)2] (Ch.5: Regular Landlord Terminations, s.7: Ineligibility for Social Housing) and RGI misrepresentation [RTA 60(1)] (Ch.6: Early Landlord Termination for Cause, s.7: social Housing Income Misrepresentation), still apply for units under the Rural and Native Rental Housing Program [Reg 6(6)].

(f) Suite Meter and Utility Costs Apportionment Rent Reductions

Effective 01 January 2011, the RTA was amended to facilitate the installation of electrical 'suite meters' (a conservation measure so that tenants move to paying for their own electrical consumption rather than a general share of a building's consumption) and as well to facilitate the 'apportionment' of utility (water, heat and electricity) costs in small buildings. If a suite meter or apportionment program is put in place with respect to a tenancy then these rules provide for rent reductions to reflect the fact that the involved utility costs involved are no longer legally included in "rent" (thus the need for a "rent" reduction).

These rent reduction rules are however excepted for most forms of public and publically-assisted housing. The exceptions are fully set out in Ch.12: "Other Rent Proceedings", s.8(e) "Suite Meters" and s.9(d) "Apportionment of Utility Costs".

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