As a private tenant, you will probably have to consider other housing. 4888 20 Number of People. If so, it could have accommodated her by assigning her tasks she could perform, but if not, the cost of accommodating her by exempting her from the volunteer work requirement would be unlikely to impose an undue hardship. The RTA partially addresses this matter by expanding the definition of “tenant” to include spouses.[46]. Section 171.7 of the CCA stipulates that the RTA does not apply with respect to member units[41] of co-operative housing. However, subsidized housing costs may become problematic if an Ontario Works participant begins a new job. The overcrowding can include bunk beds and the like. Social housing programs have the potential to provide viable housing options to individuals and families who cannot compete in the private rental housing market. xref In some cases, the Board will have the discretion to order an immediate eviction of the tenant. While the law sets out the minimum standards needed to prevent overcrowding, in practice, landlords can set more generous standards of their own. Room standards. A habitable room is defined in the Toronto Municipal Code Chapter 629, Property Standards as: A room in a dwelling designed and lawfully used or capable of being lawfully used for living, sleeping, cooking or eating.. The effects of the RTA on the rental housing situation in Ontario remain to be seen. There are two 'standards' used to help work out overcrowding. 0 For example, the organization noted that the waiting lists at social housing organizations are often divided into two separate lists: there is one list for individuals who are on social assistance and another list for individuals who can afford the market rent. The Commission has heard concerns about policies and procedures occurring in the housing co-op context. 0000004913 00000 n The maximum number of persons living in a habitable room cannot exceed one person for each nine square metres of habitable room floor … Since then, the province has transferred responsibility for funding and administering social housing to the various municipalities. [48] S. Novac, J. Darden, J.D. The RTA maintains the ability of landlords to set starting rents, but once the rent is set, it is controlled by provisions of the RTA. The Residential Tenancies Act, 2006, S.O. 5.3 … During the Commission’s family status consultation, ACTO brought to the Commission’s attention one case where a landlord brought eviction proceedings against a woman and her three children after the husband, who signed the rent cheques, left. 513. at 7.[15]Ibid. described in the Housing Act 1985. For Interfering with Others, Damage or Overcrowding N5 (Disponible en français) To: (Tenant's name) include all tenant names From: (Landlord's name) Address of the Rental Unit: This is a legal notice that could lead to you being evicted from your home. residences for persons with disabilities); zoning definitions based on the characteristics of the people who live in the housing; holding development moratoria that prevent social housing providers from developing on residentially zoned land; and planning processes that place more consultation requirements on affordable or supportive housing. The bulk of the legislation sets out how co-ops may be incorporated, their powers and governance, handling of shares and finances, meetings, record-keeping, financial statements, and so on. When properly funded and operated efficiently, social housing has been one of the most effective ways of providing affordable and adequate housing to Ontarians. The introduction of overcrowding standards for the first time in 1935 reflected key concerns about decency through the separation of the sexes and provision of adequate space. 0000005066 00000 n This standard is used for measuring overcrowding and includes any habitable room but does not include non-habitable rooms such as the bathroom or a non-dining kitchen or hallway. In Ontario, for example, health units can’t fine employers for shoddy or unsafe housing because there are no legislated standards for … The Province has temporarily paused most residential evictions in regions where a stay-at-home order is in place, while allowing evictions to proceed in other regions. People with mental health problems are more likely to find themselves in rented accommodation, social housing, and in poor housing, with damp and mould problems. [36] Instead of a dollar-for-dollar rent increase, a phased in approach to increasing rent might better enable such a person to transition into employment, which often results in new expenses, and to achieve financial stability. Municipal occupancy standards, or overcrowding by-laws, regulate the maximum number of persons who may occupy a rental housing unit. While the Commission has most often heard reports of discrimination with respect to the private rental market, concerns have also been raised regarding allocation and administration of social housing. Housing researchers have long reported that the conditions of the rental housing market in Ontario have a disproportionate impact on certain households. 0000008587 00000 n [14], According to a recent report published by Statistics Canada and the CMHC, rental housing that is not affordable is much more common in Canada’s Census Metropolitan Areas than housing that is inadequate or unsuitable. Many PHAs apply additional rules that take the age and the sex of children into account. basement apartments) also raise issues. In Toronto, for example, between 1973 and 1995, approximately 50,000 rental units were created, of which 45,000 were new construction. http://www.policyalternatives.ca/documents/Ontario_Office_Pubs/housing_c... http://www.statcan.ca/english/research/89-613-MIE/89-613-MIE2004005.pdf>, http://www.cmhc-schl.gc.ca/publications/en/rh-pr/socio/socio03-012-e.pdf>, http://www.acto.ca/english/acto_content.php?topic=6&sub=41>. [28] L. Finkler, ibid. The 32 cases involved group homes, supportive housing, homeless shelters, housing for seniors and residential care facilities. On the one hand, concerns have been raised about the ability to effectively ensure health and safety requirements in these units. Seniors are an important part of rural communities and may be particularly impacted by these conditions.[21]. The Ontario Co-operative Corporations Act[39], (the “CCA”) outlines how all Ontario co-ops, including housing co-ops, are to be formed and run. A household is overcrowded if it has fewer bedrooms than it needs to avoid undesirable sharing, based on the age, sex and relationship of household members. In 1986, the federal government transferred its supply of new social housing programs to the provinces, although it continued to share the costs with them on a 60:40 basis. Ct. (Div. These internal reviews are conducted by the same housing provider that made the decision under review. The average rent for a standard, two-bedroom apartment in Ontario increased by 5.6 percent in 2000 from 1999. [36] Daily Bread Food Bank, Ontario Works? [13] See J. Engeland, R. Lewis, S. Ehrlich & J. Che, Evolving Housing Conditions in Canada’s Census Metropolitan Areas, 1991-2001 (Ottawa: Statistics Canada, January 2005) at 35-36, online: (date accessed: October 26, 2006).[14]Ibid. [34] Centre for Equality Rights in Accommodation, Women and Housing in Canada: Barriers to Equality (Toronto: March 2002), online: (date accessed: November 23, 2006). [22] Advocacy Centre for Tenants Ontario, Canada-Ontario Affordable Housing Program (August 2006), online: (date accessed: February 5, 2007). When rental housing is in demand, housing providers can afford to be highly selective in choosing tenants and have less incentive to treat tenants well. In addition, it discontinued funding to existing social housing projects, and downloaded the costs and administration associated with social housing to municipalities. Both membership and occupancy rights of a member must be terminated at the same time, requiring a majority vote of the board. The tenant can request that the landlord take steps to fix the problem. Larger families may be similarly disadvantaged in the allocation of social housing. Form N5: Notice to End your Tenancy for Interfering with Others, Damage or Overcrowding For example, landlords will continue to have the discretion to set rental rates on vacant units without restrictions. [24] Supportive housing is housing that is accompanied by services to assist residents to live independently. For example, under the Tenant Protection Act, a tenant was defined to include “a person who pays rent in return for the right to occupy a rental unit and includes the tenant’s heirs, assigns and personal representatives”. Find out if your home is legally overcrowded and what you can do if you are living in overcrowded conditions. C.35. Therefore, if the “tenant” died or vacated the unit, spouses or family members had few rights. In many instances, the dramatic rent increases that took place during the 1990s have remained inflated despite higher vacancy rates in recent years. Many applicants for social housing units will be identified by Code grounds. A landlord may issue an early Notice of Termination on an allegation that "the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law." [12] Increased levels of immigration, particularly in Ontario’s city centres, have further increased the demand for rental housing. In a recent decision, the Ontario Divisional Court has considered this situation and has confirmed that the Code applies to co-ops as well as to courts deciding whether to evict a person under the CCA.[43]. These waiting lists are in chronological order and have a negative impact on young adults and families. [40] Housing charges are set by the members, and the board of directors may establish subsidies, subject to the by-laws and to procedural fairness. The study found that, “despite sometimes significant controversy, the OMB approved all but four of the proposed applications for disability-related housing and services.” L. Finkler, Re-Placing (in)Justice: Disability-Related Facilities at the Ontario Municipal Board, prepared for Law Commission of Canada (2005), cited in the Case for a Systematic Solution to Discriminatory NIMBY, supra note 23 at 7. %PDF-1.4 %���� In order to establish whether your accommodation is statutorily overcrowded Wiltshire Council applies the room standards and space standards as defined under Part 10 of the Housing Act 1985. Managers have the discretion to extend this timeline; however, not all do, so that families that fail to quickly report the addition of a child to the household may lose their subsidy. Preventing racialized persons or persons from certain religions, for example, from moving into a neighbourhood would be universally considered offensive. People who may need supportive housing include the chronically homeless and hard-to-house, frail older persons, persons with physical, developmental or mental disabilities, victims of violence, those living with HIV/AIDS, youth or persons who have substance abuse problems; see Ontario Non-Profit Housing Website: . Check if your home is overcrowded by law Find out if your home is illegally overcrowded, also known as statutory overcrowding. 0000004572 00000 n Numerous reports indicate that many individuals have a more difficult time finding acceptable rental housing due to discrimination practised by housing providers. As his or her income rises, so does the rent and thus, the household does not benefit from the additional employment income. Some controversial aspects of the TPA have been retained in the RTA and some of the latter’s provisions may create new concerns for tenants. 06-450, 2006 HRTO 19 in which this situation was found to be discriminatory by the Human Rights Tribunal of Ontario. If the council has given permission for the overcrowding. The following information is from your landlord I am giving you this notice because I want to end your tenancy - I want you to … 0000007943 00000 n The Ministry of Health and Long-Term Care states that supportive housing is designed for people who only need minimal to moderate care, such as homemaking or personal care and support, to live independently. Hulchanski & A.M. Seguin, “Housing Discrimination in Canada: What do we know about it?” Research Bulletin #11 (University of Toronto: Centre for Urban and Community Studies, December 2002) at 6, online: < http://www.urbancentre.utoronto.ca/pdfs/researchbulletins/11.pdf>. Finding other accommodation Private tenants. [23] According to the Ontario Non-Profit Housing Association, as of October 2005 Toronto, Ottawa, York, Halton, Waterloo, Niagara, Brantford, Thunder Bay, Peterborough, Stratford, Wellington and Windsor had created affordable housing strategies with housing plans in many other municipalities underway. All property owners are required to repair and maintain their property including owners of properties that are rented out. 0000008865 00000 n The CCA also addresses issues that are specific to non-profit co-operative housing, such as housing charges, creating by-laws, the obligations of members and the co-op to each other, and processes for evicting members. [34] For example, frequently, social housing providers lack adequate internal complaint mechanisms for responding to issues of discrimination in the selection of tenants. Important Notice. startxref There are extremely long waiting lists for subsidized housing, and the creation of new social housing units has been sparse. [44]Walmer Developments v. Wolch (2003), 67 O.R. [49] Engeland, Lewis, Ehrlich & Che, supra note 13. In 1995 the Ontario government implemented a series of housing policies which dramatically decreased both the availability of affordable rental housing options and legal protections for tenants in Ontario. While vacancy rates for rental apartments across Ontario may have increased in recent years, many continue to face problems accessing rental housing due to affordability issues. The Canadian Rental Housing Index is a comprehensive database of rental housing statistics, providing information related to rents, affordability, and overcrowding for over 800 municipalities and regions across the country. %%EOF This case was eventually settled, with the landlord agreeing to allow the family to stay at the same low rent. 4888 0 obj <> endobj There are several broad categories of social housing applicants: older persons applying for the support, community, and income security offered by older persons’ housing projects; employed, low-wage people experiencing a shortfall in earnings; persons with disabilities; and those who are homeless or have special needs. Municipal occupancy standards, or overcrowding by-laws, regulate the maximum number of persons who may occupy a rental housing unit. In addition, while money has been earmarked for affordable housing, and many municipal governments have created affordable housing strategies[23], a major barrier to the creation of new affordable and supportive housing[24] is the phenomenon of “Not in My Back Yard” or NIMBY opposition. Contact your council’s homelessness team to see if they can support you with alternative housing … It originates from standards … In Toronto, for example, as of June 2006, there were 66,556 households on waiting lists for social housing. 0000004100 00000 n 27. Public housing policies in Canada includes rent controls, as well as subsidized interest rates and grants. While an inadequate housing supply certainly makes it more difficult for all Ontarians to find acceptable housing, this is only part of the problem that many individuals face in the rental housing context. [27], All of this means that public funds are diverted to efforts to overcome NIMBY, rather than building more affordable housing itself. The most common HUD agents are Public Housing Authorities (PHAs) and PHAs typically require that the ratio of people to bedrooms not exceed two. housing conditions] without spending 30% or more of before-tax household income.” Ibid. For example, in 1995, the government cut social assistance rates, including shelter allowances, by 21.6 percent. Rental Housing Standards Property Standards Bylaw sets the standards for all properties in Toronto. However, landlords will not be allowed to require automatic debiting of bank accounts for rent payments. Rooms or parts of rooms with ceilings less than five foot (1.524m) for example in an attic, are not included in the … [15] Not surprisingly, renters are much more likely to be in “core housing need”[16] than owners. Thousands of Canadian families are feeling squeezed – packing more and more people into small apartments. For example, waiting lists for subsidized housing with City Home in Toronto is between 7 and 8 years long; thus the chronological waiting list effectively bars young people and families with young children from accessing affordable housing in a timely fashion. As a result, many municipalities have by-laws designed to prevent people with low incomes and disabilities or others such as newcomers to Canada, Aboriginal persons and youth from moving into certain neighbourhoods. Municipal bylaws require, generally, that no more than 1 person per 9 m 2 of livable floor space. [25], Municipal requirements and practices are influenced by these responses. [32] The Golden Report Task Force has concluded that the social housing waiting list is a good proxy for the at-risk population because the research shows that almost all the people on the list are there because they cannot afford housing in the private rental market.[33]. Development of housing is delayed and, at the end of the day, worthwhile projects may not be built. [22] This is a step in the right direction; however, it appears that monitoring the agreement, including its implementation and continued funding, is an important priority. [37] See sections 82, 83 of the Social Housing Reform Act. The Court concluded that it would be unjust in all the circumstances to evict the occupant: Eagleson Co-Operative Homes, Inc. v. Théberge, [2006] O.J. [27] A study conducted by the Law Reform Commission of Canada examined all OMB decisions from 2000 to 2004 that involved people with disabilities. This decision was applied by the Ontario Divisional Court in deciding whether to evict an occupant of a co-op under the CCA, see Eagleson Co-Operative Homes, Inc. v. Théberge, supra note 43. The Residential Tenancies Act, 2006 (“RTA”) took effect on January 31, 2007 and replaces the Tenant Protection Act, 1997 (“TPA”), in effect in Ontario since June 17, 1998. For example, one bedroom would be needed by: a married or cohabiting couple; someone aged 21 or over; 2 children of the same sex aged 10 to 20 years old; 2 children of any sex under 10 years old; The … [35] Section 2 of the Code prohibits discrimination in housing on the basis of a number of grounds including age, ethnic origin, place of origin, ancestry and religion. This did not include spouses and family members who ordinarily reside in the rental unit. [46]See Ministry of Municipal Affairs and Housing, “Frequently Asked Questions,” online: (date accessed: November 23, 2006). Statistics Canada and the Canada Mortgage and Housing Corporation (“CMHC”) define “affordability” as “housing that costs less than 30 percent of total before-tax household income.” “Household income” is defined as “all incomes reported by persons 15 years of age and older living in the household.”[13] The term “housing conditions” is used to refer to: [A] set of specific measures summarizing the circumstances in which individual households live. In other instances, design compromises that are detrimental to the future occupants of the housing must be made.[28]. This latter group includes many people receiving social assistance. If you have a kitchen/diner do not include the kitchen area of the room in any measurements. In deciding on levels of priority under their policy, landlords may wish to give a higher level of priority to those who are overcrowded by two or more bedrooms than to those overcrowded by one bedroom. They may have an adverse impact on large families (or extended families), newcomers to Canada who for socio-economic reasons are required to share accommodation, or persons from diverse cultural traditions who have different ways of using rental housing… A few examples include minimum separation distances between certain types of housing (e.g. However, it appears that some Ontarians may still believe that it is acceptable to exclude from their neighbourhood people who are mentally ill, disabled or poor. "Overcrowding" in that section is defined as "the number of persons occupying the rental unit on a continuing basis results in a contravention of health, safety or housing standards required by law" [Act s.67(1)]. The index was compiled using data from the 2016 Census. These The member meeting must be held at least 14 days after the appeal is requested, and the appeal decision is made by a majority vote. When it is available, co-op housing can be an attractive source of quality accommodation for Ontarians who cannot afford adequate options in the private rental housing market and/or who wish to live in a more community-oriented setting. It established the Ontario Rental Housing Tribunal, a quasi-judicial agency that resolved disputes between landlords and tenants about rights and responsibilities under the TPA, including issues such as rent increases, evictions and maintenance. February 10, 2021. The lack of supply or choice affects low income persons, persons who want to move into rural areas and seniors who want to move from homes that they have owned. The Court agreed. 2000, c. Barriers to housing that are based on negative views of the people who live there, raise human rights concerns when those people are identified by Code grounds. This increase amounted to double the rate of inflation in that year. The Golden Report recognized this effect when it recommended that “[a]t least 5,000 additional housing units with support services should be built in Toronto over the next five years, primarily to serve homeless people suffering from mental illness and/or addictions.”[19], There is less information about housing needs in rural areas. Social Housing Services Corporation, A Brief Summary of Social Housing Issues in Ontario (August 2006), online: