1. General

1.1 All individuals applying for tenancy with the Corporation will be treated equally and fairly as provided in the Corporation’s policy on Human Rights.

1.2 This eligibility and selection policy applies to NEW TENANTS ONLY. Tenants residing with the Corporation wishing an Internal Transfer will be processed as detailed in the Corporation’s Internal Transfer Policy.

1.3 When processing applicants the Property Manager will adhere to the occupancy standards

1.4 The Corporation WILL NOT allocate a unit to a family under the condition “Market Rent by Agreement”. That is where a family does not have sufficient income to pay the market rent but wishes to reside in a unit and pay the full rent.

2. APPLICATION PROCESS

2.1 APPLICANT ASSESSMENT:

2.1.1 When an applicant wishes to make application for tenancy with the Corporation, the Property Manager shall conduct an initial assessment to determine if the family is suitable for tenancy as a Market Rent Tenant or an RGI tenant. Although preferably conducted in person, this initial assessment may be conducted by telephone. Once status has been determined, the Property Manger shall:

2.1.1.1 MARKET RENT APPLICANT

2.1.1.1.1 The Property Manager shall conduct a personal interview with the applicant

2.1.1.1.2 The Applicant shall complete the Corporation’s Market Rent Application Form.

2.1.1.1.3 Once properly completed the applicant will be advised of the probable waiting period for a market rent unit to become available.

2.1.1.1.4 The Applicant shall be provided with a copy of the Corporation’s Public Information Package.

2.1.1.1.5 The Property Manager shall conduct a review of the application to confirm the applicants eligibility and suitability. The criteria found bellow at 1 to this Annex will assist in determining eligibility and suitability.

2.1.1.1.5.1 If found eligible and suitable, the application shall be kept on file for three(3) months

2.1.1.1.5.2 If found unsuitable or not eligible, the applicant shall be advised. As an offer of tenancy has not been made, the decision of the Property Manager shall be final and the application refused.

2.1.1.2 RENT GEARED TO INCOME APPLICANT

2.1.1.2.1 When it has been determined that an applicant may be suitable for RGI assistance, the applicant shall be referred to the Central Housing Registry which is initially responsible to determine RGI eligibility status.

2.1.1.2.2 If the applicant, in person, wishes a Centralized Waiting List application form for subsidized housing, one will be provided by the Property Manager.

2.1.1.2.3 The applicant, shall be provided with a copy of the Corporation’s Public Information Package, if requested.

2.1.1.2.4 The Property Manager will not assist the applicant by phoning, faxing, or otherwise completing the application.

2.1.1.3 SPECIAL NEEDS APPLICANT

2.1.1.3.1 Applications for one of the Corporation’s special needs units will be treated as provided for in the process for either Market rent or RGI applicants.

2.1.1.3.2 Applications will be required to verify their eligibility for a special needs unit using the appropriate form provided by the Property Manager.

3. NEW APPLICANT WAITING LIST

3.1 MARKET RENT

3.1.1 All applicants for a market rent Unit shall be advised that a completed application form will only be held on file for a three (3) month period.

3.1.2 It is the responsibility of the applicant to renew the application at the time the application expires.

3.2 RENT GEARED TO INCOME

3.2.1 If a new applicant indicates that they will be applying for accommodation with the Corporation, they will be provided the option of completing the Corporation’s rent application form. If the form is completed it shall be kept on file indefinitely or until such time as the Property Manager is advised the applicant has been housed.

3.2.2 Completion of the application will not be construed as being on any form of a waiting list, but rather an expedient in the processing system should the applicant’s name be forwarded to the Corporation by the Central Registry.

3.2.3 If an applicant has been evicted “for cause” they are not eligible for a local priority for a two (2) year period.

4. TENANT SELECTION

4.1 PRIORITY RANKING – RGI

4.1.1 The Housing Services Act, and the City of Ottawa, as the Service Manager for the social housing program, has established rules for ranking RGI applicants.

4.1.2 The Central Housing Registry is responsible for assigning and maintaining the priority list.

4.1.2 Under no circumstances is the Corporation, permitted to change an applicants priority.

4.2 RGI INCOME ELIGIBILITY RULES

4.2.1 To remain eligible for an RGI subsidy unit the applicant is subject to a set of income rules as established by the Housing Services Act. These rules are available from the Central Housing Registry and a copy is found in the Corporation’s Information Package.

4.2.2 Prior to occupancy the determination of eligibility for housing assistance is the responsibility of the Central Housing Registry.

4.2.3 Once occupancy is obtained the determination of continued RGI eligibility is the responsibility of Cumberland Housing Corporation.

4.3 OCCUPANCY STANDARDS

4.3.1 When allocating a unit to a new tenant, either market or RGI, the following guidelines shall apply.

OCCUPANT ALLOCATION
Parent (either single or a couple) One bedroom
Child One bedroom each

4.3.2 The Property Manager may in individual exceptional circumstances allocate a unit to an applicant that allows the family to be over housed. Examples of these special circumstances are found at Appendix 2 to this Annex.

4.3.3 If the Property Manager allows an over house housed family situation, the new tenant shall be subject to the Internal Transfer Policy including the following specific provisions.

4.3.3.1 The tenant is not permitted to apply for a larger unit for one year after the date of initial occupancy, at which time they may apply for an internal transfer and be put on the Internal Transfer waiting list, with effect the date of application for the Transfer.

4.3.3.2 The tenant will not be permitted to move for a period of two (2) years from their date of initial occupancy.

4.3.3.3 The Voluntary move fee, that is applicable at the time, must be paid prior to the move.

4.3.4 The Property Manager shall ensure that all applicants are aware that only the people on the application form, and the subsequent lease, may live in the unit.

5. ALLOCATING A UNIT

5.1 GENERAL

5.1.1 When a vacancy occurs, the Property Manager shall review the mandated occupancy target plan to determine the type of unit, Market or RGI, to be offered for rent to a new tenant.

5.1.2 Prior to offering a unit for rent, the Property Manager shall apply the applicable Occupancy, Priority and Eligibility rules and standards.

5.2 MARKET RENT UNIT

5.2.1 The Property Manager shall first fill the vacancy from the Corporation’s market rent waiting list.

5.2.2 If there are no applications on file, the Property Manager will take immediate steps to advertise the vacancy by whatever means necessary to fill the unit quickly so as to reduce lost revenue.

5.3 RGI UNIT

5.3.1 The Property Manager shall contact the Central Housing Registry to obtain a list of prioritized names that are eligible for the type of unit that is vacant.

5.3.2 Applicants will be contacted to confirm their eligibility, suitability and availability.

5.3.3 An applicant who meets the criteria will be invited for a showing and to complete the Corporation’s Rental Application form.

5.3.4 Upon completion of the form by the applicant the Property Manager will conduct a suitability and credit check and advise the applicant.

5.3.4.1 If the applicant checks out favourably, the unit will be offered.

5.3.4.2 If the applicant is not suitable, the Property Manager will advise the applicant of the procedures to request a REVIEW OF DECISION. The applicant will be provided a copy of the Internal Review Policy

5.3.5 An applicant who, at any stage of the acceptance and allocation process, advises that the location, type of accommodation or other circumstance are not suitable and refuses the unit will be advised that the information will be reported to the Central Housing Registry, and, if applicable, the refusal shall count towards their opportunity to deny three units before suffering a loss of priority on the centralized RGI waiting list. The Property Manager will take immediate steps to notify the Central Housing Registry.

5.4 SPECIAL NEEDS UNIT An allocation of one of the Corporation’s special needs units will be completed following the procedures provided for either a market or RGI applicant as applicable.

CUMBERLAND HOUSING CORPORATION
OPERATIONAL POLICES & PROCEDURES
APPENDIX 1
MARKET RENT ELIGIBILITY AND SUITABILITY CRITERIA

In addition to the normal credit and reference checks, the following guidelines will be used when assessing eligibility and suitability for Market rent applicants
1 Applicants must be Canadian citizens or landed immigrants. Visitors to Canada or immigrants without legal status are not considered.
2 Applicants must be considered a family unit, eligible and suitable, for the occupancy of the type of unit being applied for.
2.1 Applicants for Families Units must consist of either couples both of whom are aged 18 years or more or a single parent aged 18 years or more.
2.2 Applicants for a one of the Corporation’s one bedroom apartments must consist of not more than two mature adults with no dependant children.
3 Applicants must be able to live independently with or without support services.
4 Applicants must show proof of income to assure Cumberland Housing Corporation that they can afford the rent without becoming a future burden.
5 Former tenants of local housing authorities or Ontario Housing Corporation (OHC) who have outstanding arrears can be considered only if the arrears are paid in full.
6 Applicants living with their spouses on Cumberland Housing Corporation property and seeking accommodation in order to separate or to obtain custody of children will not generally be considered..
7 An applicant who is a separated spouse whose husband/wife and dependent child or children are at present residing in RGI accommodation will not be considered
8 Only one family group can be considered for housing. Two or more distinct family groups, e.g., a couple wishing to live with their married children, will not be considered.
9 Homeowners are not eligible unless they agree in writing to sell their property within a six-month period of being offered accommodation and their application is approved by the Board of Directors
10 The Corporation will give preference to persons of low or modest income.

1. GENERAL

1.1 RESIDENTIAL TENANCIES ACT HOUSING SERVICES ACT

The RESIDENTIAL TENANCIES ACT (RTA) and the Housing Services Act (HSA) provide for detailed obligations and certain regulations that are binding on all residents who sign a tenancy agreement with Cumberland Non Profit Housing Corporation.
All references to these Acts in this Tenancy Agreement include any regulations under that law and any successor laws which might be enacted to replace or add to it.

1.2 CUMBERLAND NON PROFIT HOUSING CORPORATION

CUMBERLAND NON PROFIT HOUSING CORPORATION (CHC) is a PRIVATE non profit corporation governed by a volunteer Board of Seven Directors, three of which must be residents, who are wholly responsible to administer and maintain the Private Property owned by the Corporation.

1.2.1 SOCIAL HOUSING: CHC, as a provider of Social Housing, allocates all rental units based upon a management plan to achieve and maintain the subsidy targets set out by the Ontario Ministry of Municipal Affairs and Housing.

1.2.1.1 FULL MARKET RENT UNITS: The market rental rate will be established once annually by the Board of Directors. Rental changes, when properly implemented, as provided by the Acts will be binding on all “Market Rent” Tenants and will form a binding amendment to this Tenancy Agreement.

1.2.1.2 SUBSIDIZED RENT UNITS: The rental rates for Rent Geared to Income Tenants will be as provided for in Cumberland Housing Corporation Policy.

1.2.1.3 TEMPORARY RENTAL SUBSIDY: Under no circumstances will a temporary subsidy, that is a one time or part time reduction in rent as a result of a lifestyle or income change, be afforded to any Tenant.

1.2.2 AFFORDABLE HOUSING: CHC, as a provider of Affordable Housing, allocates all rental units based upon a management plan to achieve and maintain the targets set out by the program operating agreement.

1.2.2.1 AVERAGE MARKET RENT (AMR) UNITS: The AMR rental rate, including Minimum and Maximum income levels will be established once annually by the Board of Directors based on criteria provided by the Central Mortgage and Housing Corporation. (CMHC). Rental changes, when properly implemented, as provided by the Acts will be binding on all “AMR” Tenants and will form a binding amendment to this Agreement.

1.2.2.2 BELOW MARKET RENT (BMR) UNITS: The BMR rental rate, including Minimum and Maximum income levels will be established once annually by the Board of Directors based on a level equal to 70% of the AMR rate.

1.2.2.2.1 CONTINUED ELIGIBILITY FOR BMR RENT Once annually all BMR tenants will be subject to an income review, which will be based on their latest Income Tax return.

Tenants with income within the set BMR income levels shall continue to be eligible for the BMR rate.
Those with income outside the BMR income limits will become AMR tenants and be subject to the rules and regulations, including rental rate, applicable to AMR tenants

1.2.2.3 CHANGING FROM AMR TO BMR RENT:

1.2.2.3.1 Under no circumstances will a temporary BMR rent, that is a one time or part time reduction in rent as a result of a lifestyle or income change, be afforded to any Tenant.

1.2.2.3.2 AMR tenants who qualify for BMR rent must apply through the Central Housing Registry for a rent reduction.

1.3 CORPORATE MEMBERSHIP

As provided for in By-Law No 1, Article 11, all residents (sixteen) 16 years and over, whose names are entered on a Lease with the Corporation are deemed members of the Corporation.

1.4 FEES, SERVICE CHARGES, AND PENALTIES

A schedule of fees, services charges and penalties and the conditions of their application, will be applicable to all residents, and form a binding part of this Tenancy Agreement. Amendments to this schedule, when approved by the Board of Directors will form a binding amendment to this Agreement.

1.5  TENANCY AGREEMENT

The Tenancy Agreement is meant to complement the Corporation’s rights under both the RTA and HSA, but it does not limit or modify the Corporation’s obligations.

1.5.1 If, for some reason, a part of the Tenancy Agreement can not be enforced, the rest of the Agreement will not be affected, and will still be enforceable.

1.5.2 The Tenancy Agreement creates rights and obligations for you and us, which are binding upon both and which can be enforced and enjoyed by The Corporation’s successors and assigns and by the heirs, executors, administrators, successors and authorized assigns.

1.5.3 There are no exceptions to the tenant occupancy obligations, regulations and conditions as set forth in this Tenancy Agreement and they apply equally to all residents whether they reside in a full market, below market, or a subsidized unit. Failure to comply with these standards will result in immediate action being taken, as provided for in the HSA and the RTA.

2. POLICY STATEMENTS

2.1 GENERAL

The Cumberland Non Profit Housing Corporation policies on Basic Freedoms and Rights reflect a deep concern for the Tenant and the quality of life that they can expect as residents. Contravention of these policies will result in action taken to terminate tenancy.

2.2 HARASSMENT

The Human Rights Code states that landlords, people working for landlords, and fellow tenants cannot harass others. Harassment can be based on race, ancestry, place of origin, ethnic origin, colour, citizenship, religious beliefs, political beliefs, sex, sexual orientation, age, marital status, family status, physical and mental disability, or the receipt of social assistance.

Harassment means repeated actions or words that embarrass or humiliate a person. This includes insults, name-calling, racial graffiti, sexual remarks, etc. Grabbing, pushing or hitting are forms of assault, and only need to happen once for legal action to be taken.

If you are harassed by staff or by other tenants, you should do something about it. First, if possible, you should tell the offender to stop. If you cannot confront the person who is harassing you, report the harassment to the Property Manager, or to the Board of Directors. Do so in writing and keep a copy for yourself. Write down every incident, including the place, date and time and details of the harassment that took place.

When a harassment complaint is received every effort will be made to take corrective action. Tenants have the right of taking their complaint to the Human Rights Commission or a lawyer at any time.

2.3 FREEDOM OF INFORMATION

Under the RTA, the Personal Information Protection and Electronic documents Act (PIPEDA), and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) you, as a Tenant, have several important rights.

● the right to obtain government information including most general records;

● the right to see personal information held about yourself;

● the right to protection from unauthorized release of your personal information which has been collected by governments.

The information contained in your application for housing and your resident files cannot be shared with anyone other than you without your written permission. If a financial institution wishes to verify your tenancy, and/or the amount of rent paid, the information cannot be shared without written permission from you. In addition, your applicant file cannot be discussed with a family member without your written permission.

2.4 DISCLOSURE OF INFORMATION

The Tenant gives consent and authorization to the Corporation to disclose the information the Tenant gives to the Corporation, for the purposes of the compiling of statistical information, to any agency that assists in the provision of affordable housing.

2.4.1 This consent to disclose or collect information will be collected on a separate form.

2.4.2 Should the Tenant wish any specific personal information withheld they will advise the Corporation in writing.

2.5 DOMESTIC VIOLENCE

Domestic violence and abuse are criminal offenses. If a tenant is witness to abuse, thinks a neighbour is being abused, or you are being abused yourself, the police should be called. The incident must also be reported to the Corporation.

2.6 VITAL SERVICES

The Corporation will not withhold or interfere with the reasonable supply of any vital service that is provided by the Corporation.

2.7 DRUG FREE STRATEGY

Cumberland Housing Corporation is committed to creating and maintaining a high quality of life for the residents and this means taking a hard stand against drug use and drug trafficking. The Corporation works closely with the police to stop drug use and trafficking.

Neither the Corporation nor the police can control illegal drug activity without the help of the tenant. Tenants can assist in the campaign against illegal drugs by reporting any information concerning drugs to Crime Stoppers. Incidents must also be reported to the Corporation. Residents found directly involved in illegal drug activity, or permitting illegal activity to occur in their homes, will face immediate eviction proceedings.

2.8 OCCUPANCY STANDARD

The Corporation’s Occupancy Standards are as follows:

2.8.1 Regular Units
1 Bedroom Unit Tenant (either single or a couple)
2 Bedroom Unit Parents (either single or couple) and one child
[At Charlemagne Gate there may be two children of the same sex up to age 7]
3 Bedroom Unit Parents (either single or couple) and each child (regardless of age or sex) will be entitled to a bedroom.
4 Bedroom Unit Parents (either single or couple) and each child (regardless of age or sex) will be entitled to a bedroom.

2.8.2 Handicap Accessible Units
1 Bedroom Unit Residence Hervé Joly – Tenant (either single or a couple)
3 Bedroom Unit Charlemagne Gate – Parents (either single or couple) and each child (regardless of age or sex) will be entitled to a bedroom. One bedroom may designated for storage of accessible equipment.
5 Bedroom Unit Coburn Heights – Parents (either single or couple) and each child (regardless of age or sex) will be entitled to a bedroom.
2.8.3 Residents will not normally be accommodated such that they are over or under housed.

CODE OF CONDUCT

2.9 The Corporation has a code of conduct for staff to assist in ensuring high standards of service and conduct. Staff may not:
● accept tips, money, or gifts from tenants
● sell items or services to tenants
● buy or take property or personal belongings from tenants, their families, or their estates or use it for personal gain
● accept gifts or other items from tenants in return for service
● accept payment for service during or after work hours
● borrow money or anything else from tenants
● witness a will, oath, or affidavit for a tenant, or act as the agent for a tenant
● be on the job in an unfit condition due to using alcohol or drugs
● abuse tenants, other staff members, service agency representatives or anyone else in the work place, either verbally or physically.

PROPERTY SURVEILLANCE 2.9.1 The Corporation reserves the right to install and operate video surveillance of its property as provided in the Corporation’s Video surveillance policy.

3. TENANT OCCUPANCY REGULATIONS AND OBLIGATIONS

3.1 COMPLIANCE WITH THE ACTS

The Tenant agrees to comply with the obligations and exercise the rights as a tenant under the Residential Tenancies Act and The Housing Services Act in a reasonable way.

3.2 WHO MAY LIVE IN THE UNIT

The rental unit may be used as a personal residence for ONLY the Tenants and Occupants listed on the Tenancy Agreement or anyone else that the Corporation may approve of from time to time in writing.

3.3 DEFINITION TENANT

A person who has signed this Tenancy Agreement, and enjoys all the rights and responsibilities of tenancy.

3.4 DEFINITION OCCUPANT

A persons who lives in a unit with permission of the Corporation and the original tenant, but who does not have any right to remain after the original tenant moves out. Occupants who have not reached the age of 16 will not under any circumstances whatsoever become tenants, including, but not limited to, the event of the death of a sole tenant. Should the tenants cease to occupy the unit for any reason, it is understood that any and all occupants did not and will not occupy the unit as a tenant and will be over-holding.

3.5  ADDING NAMES

Names may be added to this Tenancy Agreement. Tenants who wish to increase the size of their household must apply to the Property Manager, on the authorized form. If permission is granted to increase the size of the household, a new Tenancy Agreement will be completed.

3.6 EVERY PERSON RESPONSIBLE

All occupants of the household agree, that if more than one person is a “tenant” of the Unit, each and every person is fully responsible to comply with the Tenancy Agreement.
Therefore, if, for example, one tenant does not pay her or his share of rent, the other tenant or tenants are not excused from their obligation to make sure that the Corporation is paid the entire months rent.

3.7 DAMAGE NOTICE ON MOVE IN

The Tenant agrees, that if the Corporation is not provided written notice on the form provided, within ten days of moving into the Unit of the need to repair something that has not been noted on the Move In Inspection, the Corporation can assume that no additional repairs were needed when the unit was first occupied.

3.8 SUBLET The Tenant WILL NOT assign, sublet or part with possession of the Unit or any portion of the Unit, including parking areas.

3.9 NOTICES AND AUTHORITY

The Corporation can deliver notices about anything having to do with the Unit, the Tenancy Agreement or any other matter, by delivering a written notice directly to the tenant at the Unit.

3.9.1 If the Tenant is away or if the Tenant is trying to avoid receiving a notice, the Corporation can give the notice to any person who looks like an adult who is in the Unit.

3.9.2 The Corporation can also leave the notice in the mail box or other place where mail is ordinarily delivered to the tenant or send it to the tenant by mail at the Unit or deliver it by any other means allowed the Corporation by the Residential Tenancies Act.

3.9.3 The Corporation’s legal name for the purpose of giving notice or other documents is:

CUMBERLAND NON PROFIT HOUSING CORPORATION

3.9.4 If the Tenant wants to give the Corporation notice of something, it is best to deliver it personally to the Corporation’s Property Manager.

3.9.5 Notices can be sent by mail to the Corporation’s legal address for the purposes of giving notice or other documents under the Residential Tenancies Act, which is:

1626 MARINOFF WAY ORLEANS ON K4A 3R6

3.9.6 If the Tenant mails a notice to the Corporation, then the Tenant can not hold the Corporation responsible for not acting on the notice until after the Corporation has actually received the notice.

3.9.7 The Corporation can change the address where notices or other documents are supposed to be delivered by giving the tenant notice, telling the Tenant the Corporation’s new address.

3.10 CORPORATE REPRESENTATION

The Tenant understands that not everyone who works for the Corporation has the authority to speak for the Corporation. Therefore, if the Tenant has to make an agreement or arrangement with respect to the Unit, or anything else related to the Tenancy Agreement, it is only binding on the Corporation if it is in writing and signed by The Corporation’s Property Manger or the Chair of the Board of Directors.

3.11 UNIT CLEANLINESS

The Tenant will keep the Unit, including any appliances and other areas or facilities provided, clean, safe, and maintained in a way a reasonable person would.

3.12 DAMAGE NOTIFICATION

The Tenant will give the Corporation immediate notice of any damage which exists or any repairs which may be needed in the Unit or the Building, and will give the Corporation reasonable time to fix it.

3.13 TENANT DAMAGE RESPONSIBILITY

The Tenant agrees to pay the Corporation the cost of any and all repairs for any and all damage to the Unit and/or The Corporation’s property, caused by any act or neglect including those done by guests, visitors and/or the pets, except for normal wear and tear.

3.14 TENANT DAMAGE REPAIR AND COST

Damages deemed to have been caused by the tenant will be repaired within a reasonable time.

3.14.1 Tenants will not be permitted to continue to live in a unit that requires repair to damages caused by the Tenant.

3.14.2 Prior to the Corporation repairing any damage, the Tenant will be afforded the opportunity to repair, or have repaired any and all damages provided that they are repaired within a reasonably agreed deadline, meet applicable building codes, meet health and safety standards, and will conform in type and quality of workmanship and materials to those which exist in the rest of the property of which the unit forms a part of.

3.14.3 Prior to the start of any work completed by the Corporation, the tenant shall be advised of the final cost.

3.14.4 Should the tenant disagree with the assessment, you may contact the Board of Directors in writing with your complaint.

3.15 COMPLETION TIME

As a Tenant you agree, that if the Corporation gives the tenant extra time to do something that has to be done under the Tenancy Agreement, or if the Corporation does not complain when something is done in the Unit that is not permitted in the Unit or the Building, the Corporation can still later insist that everything is done that is supposed to be done according to the Tenancy Agreement.

3.16 NEW ALTERATIONS

The Tenant agrees NOT to make any changes or alterations, either temporary or permanent to the Unit including any painting, shelving, walls, electrical, cable, telephone, plumbing, or mechanical systems, without the prior written consent of the Corporation.

The Tenant agrees that any alterations approved by the Corporation, and made and paid for by the Tenant will become the property of the Corporation unless otherwise agreed in writing.

3.17 EXISTING ALTERATIONS

The Tenant agrees NOT to undo or remove any alteration or change that has been authorized by the Corporation, unless at the time that authority was granted for the alteration or change, alternate arrangements were made and attested to in writing.

3.18 PETS

3.18 If the Tenant decides to keep a pet in the Unit:

3.18.1 The pet must be registered with the Corporation

3.18.2 If the pet is a dog or cat it must be properly licenced with the City of Ottawa and display the appropriate tag at all times.

3.18.3 The Tenant is fully responsible for the pet, what the pet does and the effect the pet has on other residents.

3.18.4 The Tenant’s pet or any pet brought on the premises will not disturb the reasonable enjoyment of the premises by us or other tenants.

3.18.5 The Tenant’s pet or any pet brought onto the premises must be on a leash when outside the unit.

3.18.6 The Tenant’s pet or any pet brought onto the premises must obey the City of Ottawa “stoop-and-scoop” by-law.

3.18.7 The Tenant will be responsible for the cost of repair of any damage or loss, including lost revenue, which may be caused by the pet.

3.19 PROHIBITED ITEMS

The Tenant WILL NOT bring into the Unit or use in the Unit any large appliance, machine or other device without getting the Corporation’s prior written consent, to which whatever conditions specified concerning the making of change and/or the bringing in and use of the device must be adhered to.

3.20 OTHER USES

The Tenant will not carry on or permit to be carried on, any business, professional or commercial enterprise in the leased unit, without the prior written approval of the Property Manager.
The Tenant WILL NOT use or permit the leased unit to be used for any illegal purpose.

3.21 BINDING CONTRACTS

The Tenant WILL NOT enter into a contractual agreement with any utility, service or other company, for which the tenant is responsible to pay the costs, that will be binding on the Corporation.

3.22 CHANGING OR ADDING ALARM OR LOCKING DEVICES

The Tenant WILL NOT change or add locks or other types of locking devices or alarm systems on any door (including bedrooms) of the Unit or within the Unit, without the Corporation’s prior written permission. Such permission will not be granted unless the Corporation is provided with a key and or access code.

If the Corporation wants to change the locks the Corporation can do so without permission, as long as the Corporation gives the tenant notice of the change and we offer you a new key or access mechanism.

3.23 CALCULATION OF RENT Tenants who pay Full Market Rent , Average Market Rent (AMR), or Below Market Rent (BMR) will pay the monthly rental amount specified in the tenancy agreement.

Tenants who receive a rental subsidy and/or pay Rent geared to Income (RGI) will have their rent calculated and reviewed as provided in Cumberland Housing Corporation Policies and Procedures  – Rental Subsidy Continued Eligibility. For those Tenants who receive a rental subsidy and/or pay ”RGI”, forms a binding addendum to their Tenancy Agreement.

3.24 PAYMENT OF RENT The full amount of rent that you owe is due and payable on the first day of month.

3.24.1 Rent may be paid by cheque, money order or cash. The Corporation can not be expected to make change if you pay by cash.

3.24.2 Rent may be paid by a Pre-Approved Personal Payment Plan (PAP) by which the Corporation will withdraw the rent directly from your designated bank account. This is the Corporation’s preferred method of payment.

3.24.3 Should your rent not be paid on the First day of the month, The Corporation can immediately begin eviction procedures.

3.24.4 With prior approval of the Corporation, in exceptional circumstances, the Corporation may accept your rent on a later date. Such arrangements must be made prior to the first day of the month in which your rent is due.

3.24.5 If you have any questions about your rent you must see the Property Manager before your rent due date.

3.24.6 If a payment from the Tenant is not honoured, then you, the Tenant must pay $27.00 to CHC for the service fee.

3.25 REASONABLE ENJOYMENT The Tenant agrees to respect the rights of other tenants and occupants, (including those of the Corporation’s employees), so that there is no unreasonable noise, nor interference with the reasonable enjoyment of the premises by others.

The Tenant agrees that they will not repeat or persist in making any such noise, disturbance or interference, or permit or allow same to be made, after a request to discontinue same has been made by the Property Manager.

3.26 DOMESTIC COMPLAINT RESOLUTION

As a Tenant, if you encounter a situation which you find disruptive to the reasonable enjoyment of your unit you must first attempt to resolve the situation with the person disrupting your life.

Tenants should keep a written record of the time and nature of the disturbances. Continued problems should be directed to the attention of the Property Manager in writing for appropriate action, including starting eviction if there have been repeated occurrences.

USE OF BASEMENT AS A BEDROOM OR SLEEPING AREA

3.27 DEFINITION SLEEPING ACCOMMODATION:

Sleeping accommodation, temporary or permanent, is any area that is set up with a bed or a mattress suitable for sleeping. Where no other such facility can be found in the unit for an occupant to sleep, the area that is set up for sleeping accommodation will be considered a bedroom.

3.27.1 Basements are not bedrooms and are not to be considered as such, nor are they to be set up and used as such.

3.27.2 Basements are not properly ventilated. They do not meet either building or fire code for use as bedrooms. Such use is considered a fire, health and safety hazard and as such is strictly prohibited by the terms of this tenancy agreement, contravention being sufficient grounds for immediate termination of the Tenancy Agreement.

3.28 ACCESS AGREEMENT

The Tenant agrees that the Corporation’s employees, agents, contractors and others expressly authorized by the Corporation from time to time, may enter the Unit and will be allowed free and uninterrupted access to the Unit from time to time as follows:

3.28.1 EMERGENCY:

any time without notice if the Corporation’s employee, agent, contractor or other person expressly authorized by the Corporation to enter, believes that an emergency may exist;

3.28.2 PRIOR CONSENT:

any time without notice if you consent at the time of entry;

3.28.3 NOTICE OF ENTRY:

any time between 8:00 a.m. and 8:00 p.m. every day in accordance with written notice served at least twenty four (24) hours prior to the time of entry specified in such notice for any purpose, including:

3.28.3.1 to undertake repairs and/or to perform work (including pest control) and other alterations and/or improvements;

3.28.3.2 to carry out an inspection for the purpose of determining whether or not the unit is in good state of repair, consistent with the landlord’s maintenance obligations.

3.28.4 SHOW THE UNIT:

at any time between 8:00 a.m. and 8:00 p.m. every day, without written notice, to show the Unit to people who may want to rent it after a written notice of termination has been given by the Corporation or the tenant and an agreement has been made to terminate the Tenancy Agreement, provided that the Corporation informs, or makes a reasonable effort to inform the tenant before hand.

3.29 DEFINITION OF A GUEST:

A person who STAYS with a tenant for a limited time who does not have another address.

3.29.1 The Tenant agrees that all guests who wish to stay for a period of longer than two weeks will have the written permission of the Corporation.

3.29.2 The Tenant understands that the Corporation may refuse to allow a guest to remain longer than two weeks if it appears that the guest does not intend, or has no prospects of, moving at the end of the agreed-to-term, or there have been complaints about the guests behaviour and those complaints have been found valid.

3.29.3 The Tenant agrees that they are fully responsible for the behaviour of their guests.

3.29.4 The Tenant is responsible to advise the Corporation when the guest has left.

3.29.5 Should the Tenant move out of the unit, the guest must also move out. Any guest remaining in the unit after the lease holding Tenant moves out will be removed.

3.30 VISITORS DEFINITION OF A VISITOR:

A Person who VISITS a tenant but, who has a principal address which is owned or to which rent is paid outside the Corporation.

3.30.1 The Tenant may have as many visitors who may come and go to the unit as frequently as the Tenant invites them.

3.30.2 The Tenant understands that very frequent visitors may be asked to demonstrate that they have a principle address other than the Tenant’s unit.

3.30.3 The Tenant agrees that they are fully responsible for the behaviour of their visitors.

3.31 TRESPASSERS

The Tenant fully understands and agrees that any person NOT ON THE LEASE, may be deemed an unauthorized occupant and may be considered to be a trespasser on the private property owned by the Corporation.
In such an event, the Corporation may take whatever legal steps necessary to have the trespasser removed from the property.

3.32 TENANT VEHICLES AND PARKING

Except as provided in this Tenancy Agreement, the Tenant will not have any right to use any parking facility.

If the Tenant has the use of a parking space(s), the Tenant agrees to abide by the rules the Corporation establishes for the use of this parking space. These rules include:

3.32.1 The requirement that only vehicles, including cars, trucks, motorcycles and utility or boat trailers that can be legally driven on a public road with current licence plates can park on the Private Property owned by the Corporation.

3.32.2 That vehicles may only be parked if the vehicle is registered with the Corporation and that registration is current.

3.32.3 That vehicles may only be parked in authorized areas. Parking on the Grass, patios, fire lanes, or any area not designated for parking is not permitted.

3.32.4 That if the Tenant has the use of a parking space, and does not have a vehicle registered to use that space, that space may not be allocated or transferred for use by any unregistered or unauthorized vehicle.

3.32.5 The tenant will only use the parking space(s) specifically allocated. Tenant parking in spaces allocated for visitors is not permitted.

3.32.6 The Corporation may issue a means of identification for each vehicle permitted to be parked by the Tenant.

3.32.7 The Corporation may designate the space in which the vehicle to be parked, is to be parked. If a space is designated, parking in any other space or area is a parking violation.

3.32.8 The Tenant will NOT, at any time, repair or allow to be repaired , the Tenant’s vehicle, or any other vehicle, on the private property owned by the Corporation, without the prior written consent of the Property Manager.

3.32.9 If the Tenant fails to comply with these conditions, such vehicle may be removed from the premises. If a removed vehicle is not claimed in sixty (60) days following removal it will be deemed to have been abandoned and may be sold or disposed of in any manner at the sole discretion of the Property Manager without any further notice to the Tenant. The Tenant will pay to the Corporation all costs incurred by the Corporation to remove and dispose of any such vehicle.

THE CORPORATION RESERVES THE RIGHT TO ISSUE, WITHOUT WARNING,
TICKETS TO ANY VEHICLE THAT IS IN VIOLATION OF PARKING OR FIRE REGULATIONS

3.33 VISITOR AND GUEST PARKING

Visitor and Guest vehicles:

3.33.1 may park only in designated VISITOR spots, OR, if the Tenant has the use of more than one parking space, and does not have a vehicle registered to use that space, the guest/visitor may use that space.

3.33.2 if remaining overnight, must be registered with the Corporation.

3.33.3 if remaining overnight on a frequent or regular basis, must apply for an extended parking permit, paying the appropriate administration fee.

3.34 FIRE SAFETY

The Tenant acknowledges that certain areas are designated as NO PARKING, including Fire Lanes and will ensure that these areas are at all times kept free from vehicles and / or other obstructions.

The Tenant will not allow any activity or permit any conditions to exist in the unit or in their allocated parking space, that may create a fire hazard.

Without limiting the generality of the foregoing, the Tenant WILL NOT keep any flammable liquids (ie: gasoline, paint thinner or solvents) or materials in or adjacent to the Unit, except for small quantities of items required for household use, stored in the proper containers.
It is an offense to disconnect or tamper in any way the smoke detectors

3.35 OUT OF BOUNDS

The Tenant acknowledges that certain areas can be dangerous and unsafe and are not to be used or tampered with. This includes any and all electrical panels, furnace and gas facilities, and the roofs of all buildings. These areas are OUT OF BOUNDS to all Tenants, occupants, and guests.

The Tenant agrees to promptly report any unsafe conditions to the Property Manager ensuring reasonable steps are taken to make the condition safe until the condition has been made safe.

3.36 TENANT INSURANCE SEE SCHEDULE 1

The Tenant shall arrange for, and keep in force their own insurance coverage. The Tenant must insure the property, and take out insurance to pay for damage to the Unit or furnishings or to pay for any claim that the Corporation might make against the tenant. The tenant will have to see an insurance agent and arrange to pay for any insurance the tenant decides to take. The Tenant should also obtain insurance on account of any injury to themself or people the tenant may allow into the Unit or Building. The Corporation’s insurance does not cover any of this.

3.37 LIABILITY The Tenant agrees that the Corporation is not responsible for any damage caused to the property in the Unit, or elsewhere, no matter what the cause is, unless it can be proven that the Corporation’s negligence was the sole cause.
3.37.1 The Corporation is not responsible for any injury to the tenant or any other person which occurs for any reason, whether it occurs in the Unit or anywhere else on the premises, unless it can be proven that the Corporation’s negligence was the sole cause.

3.37.2 If something breaks down (even if the Corporation is responsible to fix it), the Corporation is not responsible for any personal injury, illness or discomfort that anyone may suffer because something is broken, as long as the Corporation tries to fix it when the Corporation is supposed to.

3.37.3 The Corporation is not responsible if the tenant or one of the guests are hurt or any damage is caused because of the act or negligence of another tenant/resident and/or one of her/his guests.

3.38 TERM OF TENANCY

If the Corporation does not make another agreement with the Tenant, in writing, before the last day of the initial term (and the tenancy has not been terminated in accordance with the Tenancy Agreement), then on the first day after the initial term, the tenancy will continue on a “month to month” basis in accordance with the Residential Tenancies Act.

3.39 TRANSFER OF UNITS As a Tenant, if you wish to transfer from one unit to another, you may do so if you meet the criteria set forth in the Corporation’s Internal Transfer Policy, a copy of which is available from the Property Manager.

3.40 DEATH OF A TENANT

Upon the death of a sole Tenant, this tenancy Agreement or any renewal thereof will terminate thirty (30) days after the death of the sole tenant.

In the event that there is more than one Tenant and upon the death of one of them, the tenancy will be deemed to be amended to include the remaining tenant(s), along with the Estate of the Deceased Tenant for a period of thirty (30) days after the death of the Tenant, after which the tenancy of the Estate only will be terminated and the tenancy agreement and any renewal thereof will be deemed to be amended in the name of the surviving Tenant(s) only.

3.41 SIXTY DAY NOTICE OF MOVE OUT

If the Tenant is moving out, the tenant must give the Corporation at least SIXTY DAYS written notice, on the Corporation’s standard form, prior to the date of move out, which date must be the last day of a tenancy period.

3.41.1 If the Tenant is living in the Unit on a month to month basis, the last day of a tenancy period will be the last day of a calendar month.

3.41.2 The Tenant is responsible for paying rent until the final date of tenancy.

3.41.3 Once the Tenant has given the notice, that notice is final and there can be no change.

3.41.4 If the Tenant does not move out on the last day of the tenancy as advised in the Notice of Termination, the Corporation will take immediate steps to evict the tenant and the tenant will be responsible to pay any damages that the Corporation or any person suffers.

3.42 TERMINATION DUE TO DAMAGE

If there is damage to the Unit or the Building, like a fire or a flood, including structural damage, so that the Unit and/or the Building is not fit to live in, then the Tenancy Agreement will be at an end and the tenant must move out.

3.43 TERMINATION AFTER PAYMENT

Even if the Corporation accepts payments from the Tenant, or lets the Tenant stay in the Unit after the Corporation has an order evicting the Tenant, the Tenant will have to leave the Unit, unless the Corporation agrees, in writing, that the Tenant can stay.

3.44 TERMINATION BY ABANDONMENT

If rent is ten (10) days late and the Tenant has removed the personal belongings (except for things which appear to be rubbish, which the Corporation may dispose of immediately), the Corporation is entitled to assume that the Tenant has permanently left the Unit.

In that event, the Corporation will immediately take possession of the Unit so that the Corporation can rent it to someone else, without the permission or an order from the Landlord and Tenant Board, without limiting all of The Corporation’s other rights against the Tenant for any breach by the Tenant of the Tenancy Agreement or any law.

3.45 DISPOSAL OF ABANDONED PERSONAL BELONGINGS

If any furniture, clothes or other personal belongings are left in the Unit, after the Tenant:

A. has moved out or appears to have moved out (so that the Corporation, acting reasonably, believes that the Tenant has abandoned the Unit) and the Corporation has either obtained an order from the Landlord and Tenant Board or given the proper notice referred to in the Residential Tenancies Act; or

B. has moved out of the Unit as a result of an agreement to terminate or a notice of termination; or

C. is evicted from the Unit; or

D. dies and the tenancy is deemed to have been terminated as a result of the death,

the Corporation may remove such goods immediately and store them elsewhere (although the Corporation will be entitled to dispose of any unsafe or unhygienic items immediately). Furthermore, the Corporation may, without notice but subject to relevant law, dispose of such goods (including selling or keeping them for the Corporation’s own use) with no liability for any losses or damages which may be sustained by the Tenant. In that event, the Tenant agrees that the Tenant will pay to the Corporation all of the Corporation’s costs and expenses in storing and/or disposing of the clothes, furniture or other personal belongings.

3.46 TERMINATION FOR OTHER REASONS

The Corporation can also terminate the Tenancy Agreement for any other reason allowed under the Residential Tenancies Act.

3.46.1 Under the Residential Tenancies Act, you can be evicted if you:

● do not pay your rent

● frequently pay the rent late

● cause serious damage to your unit or the building

● make noise or act in a way that seriously bothers any other Tenant or the landlord

● have more people living in the unit than health, safety or housing standards allow

● threaten the safety of another Tenant

● commit an illegal act or permit another person to do so or break the law anywhere in the building or on Corporation’s property

3.46.2 The Corporation’s right to terminate the tenancy will not be enforced until the Corporation has given the Tenant the sort of notice of termination the Corporation is supposed to give the Tenant and the Corporation has done what the Residential Tenancies Act requires be done do in order to evict a Tenant.

3.47 CLEANLINESS ON MOVE OUT

The Tenant agrees to leave the Unit and any appliances and other areas or facilities clean and in good condition when you move out (except for normal wear and tear).

3.48 REVIEW OF CORPORATION DECISIONS

The Corporation has afforded the right to ALL TENANTS to request a review of any decision made by staff that may have an adverse effect on the Tenant’s quality of life. The procedure to be followed is found in the INTERNAL REVIEW POLICY, a copy of which may be obtained from the Property Manager.

Under the Residential Tenancies Act, a Tenant can make applications against the landlord for problems such as, inadequate maintenance, illegal charges, or harassment.

3.49 REVIEW OF TENANT ACTIONS

Should the Tenant breach the terms of the Tenancy Agreement, the household may be requested to appear before the Board of Directors to make representation as to why their actions should not result in the commencement of eviction proceedings

3.50 THE RESIDENT’S GUIDE

The Tenant’s Guide provides details on the implementation of the approved policies and procedures of the Board of Directors, of Cumberland Housing Corporation that have been put in place to provide for, and to protect, your quality of life as a Tenant.

The Tenants Guide is a document that is binding between the Tenant and the Landlord. Failure to comply with the obligations, regulations, and conditions in the Guide will result in action being taken, as provided for in the RTA.

3.51 INTERPRETATION

Whenever reference is made to Tenant or Tenants in this Agreement, such reference will be deemed to include all signatories of this agreement, their heirs, executors and administrators, and all rights and obligations in this Agreement will be construed as being both joint and several.

1. GENERAL

1.1 ELIGIBILITY

Families become eligible for Rent Geared to Income assisted housing for a variety of reasons. Once provided tenancy, the family must abide by a set of standards that govern continued eligibility for Rent geared to Income Assistance.

1.2 RGI OCCUPANCY CONDITIONS

The tenant understands that while receiving a subsidy certain conditions of the Housing Services Act are applicable and where listed in this Annex supersede the Standard Occupancy Conditions.

1.3 CORPORATE OBLIGATION

Cumberland Housing Corporation has an obligation to ensure that these eligibility rules are strictly enforced, while proving the tenant with certain rights to make comment should adverse information be received and to request a review of certain decisions.

1.4 A summary of the RGI eligibility rules is found at Appendix 1 to this Annex.

1.5 SUBSIDY CALCULATION AUTHORITY

The Rent Geared to Income subsidy is calculated by Cumberland Housing Corporation from time to time based upon the rules of the government that provides the rent subsidy. Even though rent subsidy is received from the government, the government has no obligations to the Tenant.

1.6 RGI OCCUPANTS ATTAINING AGE 16

Pursuant to the definitions found in Cumberland Housing Corporation Policies and Procedures Annex “S”, all occupants who reach the age of (sixteen) 16 will be required to become TENANTS and the RGI household will be required to sign a new Tenancy Agreement.

2. RENT CALCULATIONS

2.1 GROSS INCOME USED

The rent paid by a Rent Geared to Income tenant is based on the gross amount of income received by the household and will change each time the total gross household income changes.

2.2 DEFINITION GROSS FAMILY INCOME:

The total income before any deductions, earned by every person who lives in the unit, even if such person also lives elsewhere on a temporary basis.

2.3 REPORTING INCOME

Tenants are required to report all changes to income within ( thirty-one) 31 days of being notified either verbally or in writing of a change.

2.4 INCLUDED INCOME

Attached at Appendix 2 to this Annex are those types of income that must be reported and included in the calculation of rent.
2.5 EXCLUDED INCOME

Attached at Appendix 3 to this Annex are those types of income that do not have to be reported and are not included in the calculation of rent

2.6 INCREASE IN INCOME

Increases in income will result in an rent increase that will be effective the first day of the full month after the increase is reported. An income increase reported in the month of February will increase the rent with effect the first day of April

2.6.1 If an increase in income results in a household paying market rent, the household continues to be considered an “RGI HOUSEHOLD” for a period of (twelve) 12 months.

2.6.2 Should the household income drop during that (twelve) 12 month period the household will pay rent based on the reduced income.

2.6.3 Should the household income remain at the full market rate for the (twelve) 12 month period, the household will be considered a FULL MARKET RENT HOUSEHOLD and no longer be considered for RGI assistance unless referred to the Corporation through the Central Housing registry

2.7 DECREASE IN INCOME

Decreases in income will result in a reduction in rent effective the first day of the following month.
An income decrease reported in the month of February
will decrease the rent with effect the first day of March

2.8 VARIABLE MONTHLY INCOME

Should a household income fluctuate from month to month, such that an income decrease is frequently used to calculate the rent, the household will be subject to a gross annual income rent calculation.

3. CONTINUED ELIGIBILITY FAILURE TO REPORT CHANGE OR PROVIDE INFORMATION

3.1 If at any time a tenant fails to provide the information and documents needed to prove entitlement to rent subsidy or if the Corporation believes that the tenant has given misleading, incomplete or false information, the Corporation can:

3.1.1 require payment of the current full market rent for the Unit; and/or

3.1.2 proceed with legal action charging the tenant with fraud, for which the maximum sentence is six months in jail and/or a $5000.00 fine; and/or

3.1.3 apply to the Landlord Tenant Board to evict the tenant.

3.2 EMPLOYED GUESTS OR VISITORS

The Tenant fully understands and agrees that any EMPLOYED person not on the Tenancy Agreement, spending more than two (2) consecutive nights on a regular or frequent basis can be deemed to be residing at the unit, unless written authorization by the Corporation is provided, and that their income will be used for rent calculation.

3.3 UNEMPLOYED GUESTS OR VISITORS

The Tenant fully understands and agrees that any UNEMPLOYED person not on the Tenancy Agreement, spending more than two (2) consecutive nights on a regular or frequent basis can be deemed to be residing at the unit, unless written authorization by the Corporation is provided, and that their occupancy will be used to calculate unit occupancy standards.

3.4 CIRCUMSTANCE CHANGE LOSS OF ELIGIBILITY In the event that circumstances change and a tenant no longer meets the occupancy standards and/or eligibility criteria for RGI the Corporation will:

3.4.1 discontinue the rent subsidy; and/or

3.4.2 apply to the Ontario Landlord Tenant Board for an eviction.

3.5 TENANT PURSUIT OF INCOME

The Housing Services Act (O.Reg 298/01 s.7(3) requires that tenants pursue all forms of income that are considered included income, thereby reducing the amount of subsidy received. Specifically the Act refers to pursuing:

3.5.1 Basic Financial Assistance under the Ontario Works Act;

3.5.2 Support under the Divorce Act (Canada), the Family Law Act or the Reciprocal Enforcement of Support Orders Act;.

3.5.3 Benefits under the Employment Insurance Act; (Canada)

3.5.4 Any pension benefit available to an individual who is (sixty-five) 65 or older from the Government of Ontario or the Government of Canada;

3.5.5 Support or Maintenance under the Immigration Act; (Canada)

3.6 CORPORATE DIRECTION

Should the Property Manager feel that a tenant is eligible for any of these types of income or assistance the tenant shall be informed in writing to pursue that income.

3.7 TENANT FAILURE TO PURSUE INCOME

A household that has been given notice to pursue income is not eligible for rent geared to income assistance if:

3.7.1 there is no response to the notice from the tenant within (thirty) 30 days.

3.7.2 that upon receipt of a response from the household, that indicates that the tenant has failed to make reasonable efforts to obtain income of the type specified in the notice.

3.8 CORPORATE ACTION ON RESPONSE TO PURSUIT OF INCOME

Depending on the response, the Property Manager shall:

3.8.1 Take no action,

3.8.2 Take action to adjust the Rent Geared to Income, or

3.8.3 Take action to cancel the assistance provided.

3.9 REPORTING CHANGES IN HOUSEHOLD COMPOSITION

Should a tenant wish to increase or decrease their Household Composition, they shall advise the Property Manager who shall provide them with the appropriate form. Changes in Household Composition must be made to the Property Manager within (thirty-one) 31 days of the date that the change is proposed to take place.

3.9.1 Upon receipt of a request to change Household Composition, the Property Manager shall review the request to determine:

3.9.1.1 if the request is to be accepted or refused;

3.9.1.2 If the request is accepted:

3.9.1.2.1 determine any changes in rent payable.

3.9.1.2.2 determine and take action to comply with occupancy standards.

3.9.1.3 If the request is refused advise the tenant and provide information on any action that tenant is eligible to pursue.

3.9.2 Failure to report changes in Household Composition may result in the Household’s loss of RGI status.

4. INCOME, COMPOSITION AND ASSET REVIEW

4.1 ANNUAL REVIEW

Once annually the Property Manager will complete a review to confirm tenants continued eligibility for rental assistance

4.2 The review will be conducted using information that is current at the end of the annual year (ie: Dec 31st ).

4.3 REVIEW FORMAT

A standard form will be used that will require tenants, among other documentation, to submit their annual Federal Income Tax Return Information.

4.4 REVIEW PROCEDURE

Using the information provided, the Property Manager will:

4.4.1 Review the composition of each household to confirm that they are properly housed as provided by the policy on Occupancy Standards. Should a household be either Under or Over housed the appropriate action will be taken.

4.4.2 Review the total family income to ensure that the household has paid the proper amount of rent.

4.4.2.1 If the household paid too much rent, based on a management calculation error, the household shall be reimbursed.

4.4.2.2 If the household paid too much rent, based on information not provided to management, no action shall be taken.

4.4.2.3 If the household did not pay the proper amount of rent, based on a calculation of gross annual household income, action shall be taken to correct the arrears.
RENT CALCULATION ERROR 4.5 During the annual review of income, or at any time that there is cause to recalculate the monthly rent payable, should an error be found:

4.5.1 If there is misrepresentation of income, the tenant is subject to immediate loss of rental assistance.

4.5.2 If there has been an error in calculation by the Corporation, the tenant is not subject to having to pay the amount of the miscalculation.

4.5.3 If there has been an honest and acceptable misrepresentation of income on the part of the tenant, the amount owing shall be paid to the Corporation at a rate based on 10% of the new rent payable.
(i.e: if the new rent calculated is $500.00 the arrears shall be payable at $50.00 a month until paid in full. rent for the arrears collection period shall be $550.00)
4.6 Prior to the collecting of arrears the household shall be provided an OPPORTUNITY TO COMMENT and if requested, an INTERNAL REVIEW.

5. REVIEW OF DECISIONS

5.1 TENANT OPPORTUNITY TO COMMENT

Should the Corporation receive information that will lead to a decision that will affect the household in an adverse way the household will be provided with an OPPORTUNITY TO COMMENT.

5.1.1 If the information comes from an outside source, all members of the household will be given an OPPORTUNITY TO COMMENT

5.1.2 If the information comes from a source inside the household, all other members of the household will be provided an OPPORTUNITY TO COMMENT, unless all household members have “signed off” on the information.

5.2 OPPORTUNITY TO COMMENT PROCEDURE

Depending on the nature and the severity of the adverse information received, should the Corporation decide to pursue action, the Property Manager shall inform the household, on an approved standard form letter.

5.2.1 The household shall be provided a date, (thirty) 30 days from the date of deemed delivery of the notice, by which the household must reply or waive their right to comment.

5..2.2 The household shall be provided a standard form on which the tenant may make a comment or a statement that a comment will not be made.

5.3 OPPORTUNITY TO COMMENT NOTICE OF DECISION

When the decision is made, it will be delivered to the household within seven (7) days of the decision. The decision will contain a statement:

5.3.1 advising the household if they are entitled to an internal review and the procedures to be followed, or

5.3.2 advising the household that they are not entitled to an internal review, and that the decision is final.

5.4 TENANT RIGHT TO INTERNAL REVIEW

Households have the right to an Internal Review of the following types of decisions: (whether or not they have been given an Opportunity To Comment, or have provided comments),

5.4.1 The household is ineligible for Rent Geared to Income assistance;

5.4.2 The amount of RGI rent the household will pay;

5.4.3 The type of unit the household is offered;

5.4.4 The household’s priority on the waiting list;

5.4.5 The household’s eligibility for special needs housing and

5.4.6 The household is refused an offer of a unit.

5.5 INTERNAL REVIEW PROCEDURE

When an Internal Review has been requested, the policy and procedures detailed in the Corporation’s INTERNAL REVIEW POLICY will be followed.

CUMBERLAND HOUSING CORPORATION
OPERATIONAL POLICES & PROCEDURES
APPENDIX 1
RENT GEARED TO INCOME ELIGIBILITY RULES
# CRITERIA EXPLANATION
1 Maximum Gross Household Income Limits Income limits are not applicable.
2 Asset Limit
There shall be no maximum aggregate assets value set for a household asset limits, as per legislation.
3 Income Not Subject to Rent Calculation The list of excluded assets shall be that set out in legislation.
4 Divestment of Residential Property Divestment of residential property shall be within (one hundred and eighty) 180 days of either: a household receiving RGI assistance or acquiring interest in a property.
5 Maximum Absence Period from a Unit of All Members of a Household The maximum period of time that all members of a RGI household shall be absent from their unit is (sixty) 60 consecutive days.
6 RGI Ineligibility Period
A two year ineligibility period for future RGI assistance shall apply if a member of a household has been convicted of fraud or if the Rental Tribunal found misrepresentation in relation to the receipt of RGI assistance.
7 Rent Increases of less than $10
An increase in rent payable of less than $10 shall not be required, except at the annual review of household composition and income verification.
8 Fraud Control
Tenants shall be subject to the conduct of random audits to check for fraud.
9 Rent Reimbursement Rent reimbursement shall not be required from an RGI household that underpaid its rent due to a calculation error made by the housing provider.
10 Reporting Changes in a Document or Information The maximum period for reporting changes in a document or information shall be
(thirty one) 31 calendar days.
11 Determining RGI Eligibility RGI eligibility, in accordance with RGI eligibility rules, shall be determined on an ongoing basis
12 Income Verification and Rent Calculation Tenants shall be subject to a new rent calculation every time that income is verified.
13 Pursuit of Income To maintain RGI status tenants must pursue all entitled income including: EI; OW; ODSP; CPP: OAS; and support payments.
14 Internal Review of Decisions Regarding RGI Eligibility Tenants shall be entitled to a review of decisions made in accordance with these eligibility rules

CUMBERLAND HOUSING CORPORATION
OPERATIONAL POLICES & PROCEDURES
APPENDIX 2
INCLUDED INCOME
The following types of income ARE INCLUDED in the calculation of rent and must be reported
1 EMPLOYMENT: gross salaries, wages, overtime payments, commissions, bonuses, tips, gratuities, grants, scholarships or bursary payments;
2 SELF EMPLOYMENT: the gross annual income from any form of self-employment including an owned business less itemized business deductions as allowed by Revenue Canada, plus any capital cost allowance used as a deduction or the total withdrawals from a business as personal salary or other benefits of anyone who is self-employed in or has an interest in a business;
3 BENEFIT PAYMENTS: the gross amount of employment insurance benefits and the gross amount of worker’s compensation payments or other industrial accident insurance payments made because of illness or disability;
4 FINANCIAL
ASSISTANCE: financial assistance under the Ontario Works System (OW) or Ontario Disability Support Program (ODSP);
5 PENSIONS: the gross amount of any old age security, federal guaranteed income supplement, spouse’s allowance and
6 OTHER PENSIONS: the gross amount of every kind of pension, allowance, benefit and annuity, whether from a federal, provincial or municipal government and/or any other level of government, whether or not within Canada, or from any other source;
7 PAYMENTS RECEIVED: the gross amount of alimony, separation, maintenance or support payments;
8 INVESTMENT INTEREST: the gross amount of gains from investments, including interest on dividends, stocks, shares, mutual funds and other securities and, where the actual income cannot be determined, an imputed rate of return set by us from time to time, together with the gross interest income from savings or chequing accounts in a bank, a trust company or a credit union, in addition to the gross amount of interest earned or payable from bonds, debentures, term deposits, investments, certificates, mortgages, capital gains or lump sum payments or other assets; and
9 ASSETS: an imputed income equal to the total appraised value of all assets or investments which do not produce interest or income but are intended to appreciate in value or are given away, all of which must be declared by the tenant, multiplied by a rate of return set by the government from time to time

CUMBERLAND HOUSING CORPORATION
OPERATIONAL POLICES & PROCEDURES
APPENDIX 3
EXCLUDED INCOME

The following types of income ARE NOT INCLUDED in the calculation of rent and do not nave to be reported
1. income of children or dependents under age (twenty six) 26 in regular full-time attendance at a recognized educational institution
2. repayable student loans
3. living out or travelling allowance of any household member
4. child tax benefit payment
5. property and sales tax credits
6. tax grants for senior citizens
7. special disability allowance received by Ontario Disability Support Plan (ODSP) recipients
8. handicapped children’s allowance
9. attendance care allowance
10. allowances/payments for child care, transportation, tuition, books, or living away from home expenses of any participant in programs to promote employment or enhance job skills or qualifications, for example Ontario Student Assistance Program (OSAP)
11. income which may be earned by a prepaid funeral plan
12. business expense deductions from gross self-employment income
13. strike benefits
14. support payments made by residents are forgiven on a monthly basis
15. although the following gains are not considered as income, any income generated by their investment is considered income for rent calculation purposes.
lump sum payments such as insurance or Workers’ Compensation settlements
lump sum payments from court awards
inheritances, death benefits
the sale of personal property (such as furniture, equipment or automobile)
severance pay
lottery winnings
16. home care allowances, for example:
Foster Child Allowance (from the Children’s Aid Society)
Handicapped Children’s Allowance (Ministry of Community and Social Services)
Foster Allowance (Ontario Works)
Developmental Care Program payments (CAS)
Foster Child/Adult Placement Program payments
Attendance Allowance, normally received by the spouse of a disabled veteran in lieu of nursing services

1. PURPOSE

1.1 It is the practice of Cumberland Housing Corporation (CHC) to utilize video surveillance as provided for in this protocol.

1.2 Video security surveillance systems are a resource used within the management jurisdiction of CHC for the purpose of increasing the safety and security of tenants, staff and members of the public, to protect public safety, our corporate assets and property and to detect and deter criminal activity and vandalism.

1.3 CHC recognizes that video surveillance technology has the potential for infringing upon an individual’s right to privacy and although video surveillance technology may be required for legitimate operational purposes, its use will be in accordance with the provisions of MFIPPA or PIPEDA, as applicable, and any other applicable privacy laws.

1.4 This Protocol provides for passive surveillance whereby the recordings will only be viewed when requested by an appropriate authority. It does not require or guarantee that camera or recording equipment will be recording or monitored in real time at all times.

1.5 CHC will maintain full control of, and be solely responsible for the video surveillance system on its premises at all times.

1.6 This Protocol does not permit the use of covert surveillance

1.7 CHC employees may be subject to discipline if they breach this Protocol or applicable privacy laws.

1. GENERAL

1.1 In 2011, The Board of Directors of Cumberland Private Non Profit Housing Corporation commissioned a Building Condition Assessment (BCA) and Reserve Fund Forecast for all four property locations.

1.2 Using the Item numbering system and the recommended Capital expenditure forecast from the BCA as a reference, the Board of directors will develop an affordable plan annually. This plan will be referred to as the CHC Life Cycle Management Plan (LCP)

2. THE LIFE CYCLE PLAN

2.1 The LCP is a Preventative Maintenance Plan that is a living document and must be reviewed and updated annually to ensure an orderly replacement or repair of major items based on recommendations of the BCA, while considering current life expectancy and the availability of Capital Reserve Funds. An orderly cashflow avoids large expenses in any given year. Annually items may be added, delayed, or moved forward on the cashflow schedule. Items may need to be scheduled for replacement prior to their full life expectancy to allow monies to be spent when they are available.

2.2 The LCP assesses the condition of the property based upon stated manufacturers warranties and a visual inspection of the assets. It is therefore a subjective plan based on the assumption that the Corporation will perform good and timely periodic maintenance.

2.3 The LCP does not make allowances for the effects of rare events such as flooding, lightning, fire, or explosions. It does not make allowances for major acts of vandalism.

2.4 The Board of Directors at their annual budget review must confirm the Life Cycle Plan and allocate capital reserve funds in accordingly.

3. CAPITAL ITEM REPAIR AND REPLACEMENT

3.1 Annually as part of the budget preparation the Property Manager will develop a LCM plan for capital and operational work for which the Board of Directors, as part of the annual budget review, will allocate, in principal, funds to complete the plan.

3.2 In preparation of the Capital reserve expenditure Plan the Property Manager will review the BCA and allocate work as follows:

3.2.1 CAPITAL RESERVE REPLACEMENT FUND-100% FUND EXPENDITURES. Replacement or repair of these items will be scheduled with funding forecasted based on their life expectance and funding coming from the Capital Reserve Fund.

3.2.2 CAPITAL RESERVE REPLACEMENT FUND – STAFF COMPLETION. Replacement or repair of these items will be scheduled with funding forecasted based on their life expectance with material funding coming from the Capital Reserve Fund and labour costs from Operation Funds.

3.2.3 CAPITAL RESERVE REPLACEMENT FUND – UNSCHEDULED. Funding will come from the Capital Reserve Fund, but replacement or repair of these items will be NOT be scheduled as repair or replacement will be completed on an as needed basis on the future or emergency recommendation of the Property Manager. Items that can be deleted from the BCA will also be included in this category

3.2.4 CAPITAL RESERVE REPLACEMENT FUND – SERVICE CONTRACT RECOMMENDATION. Replacement of these items will be scheduled with funding forecasted based on their life expectance with funding coming from the Capital Reserve Fund, however they will only be replaced on the recommendation of the annual scheduled maintenance and service contract.

3.2.5 PREVENTATIVE MAINTENANCE PLAN These items will be removed from the Capital Reserve Fund forecast and will be replaced or repaired by staff as part of the Annual Preventative Maintenance plan with material and labour funding coming from Operational Funds.

4. ASSET MANAGEMENT PLANNER

4.1 The Service Manager has provided the Corporation with a Web Based online asset manager that, using the BCA is used to track expenditures and the condition of the Corporations assets.

4.2 It is important that this asset condition register be maintained as it will be reviewed annually by the Service Manager who will:

4.2.1 Ensure that the Corporations assets are being properly maintained, and

4.2.2 Allocate available grant monies based on the Corporations needs.

4.3 The Property Manager will update the online Asset Manager annually as part of the annual closeout out in December.

5 VACANT UNITS

5.1 When tenants leave, a move out inspection is completed. Repairs are completed, with operational & maintenance monies, on as required basis.

5.2 When a unit is empty, it presents an opportune time to complete basic tenant amenity life cycle replacements and upgrades.

5.3 Whenever such upgrades are completed, the seven year replacement cycle will begin again.

5.4 The Property Manager in the Annual Budget review may recommend expenditures of Capital Reserves to complete these upgrades.

6. TENANT CHOICES

6.1 It shall be the policy of Cumberland Housing Corporation to allow tenants a choice of paint, carpet, and tile colours.

6.2 Quality will not be a choice. Colours shall be in accordance with a pre-approved master scheme that is low maintenance and acceptable to future tenants.