Proposed Amendments to O. Reg. 367/11 under the Housing Services Act, 2011 Related to Required Local Eligibility Rules, set out in Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020
Ontario Regulation 367/11 (General)
Regulation - LGIC
Bill or Act:
Housing Services Act, 2011
Summary of Proposal:
The Housing Services Act, 2011 establishes the legislative framework for community housing in Ontario.
Under this Act, municipal and regional bodies called Service Managers are responsible for the administration and delivery of community housing, including determining a household's Rent Geared to Income (RGI) eligibility.
The amendments to the Housing Service Act, 2011 set out in Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020 would require Service Managers to make local eligibility rules for RGI assistance with respect to matters set out in regulation.
The ministry is proposing to amend O. Reg. 367/11 under the Housing Services Act, 2011 to require Service Managers to have local eligibility rules on household income limits and asset limits for RGI assistance.
These proposed new required local rules would help ensure all Service Managers apply an asset and income limit in determining household eligibility for RGI assistance. This would help improve consistency in eligibility rules across the province and help ensure housing assistance goes to those most in need. This change would address a key recommendation from the Auditor General as outlined in the 2017 Value-for-Money Audit of Social and Affordable Housing Programs.
The ministry is seeking feedback on the following proposed changes to O. Reg. 367/11 related to required local eligibility rules for income limits and asset limits.
These proposed amendments are part of a larger Community Housing Renewal Strategy.
Areas for Proposed Amendments:
Required Local Rules on Asset Limits and Income Limits
Currently, Service Managers can make local eligibility rules for RGI assistance in certain areas - including setting household income limits and asset limits. Some Service Managers have income and asset limit rules while others do not, leading to inconsistencies across communities in how eligibility for RGI assistance is determined. The Auditor General found that this can lead to people being on waiting lists who may be able to afford housing in the private market, creating longer waiting times for those in genuine need.
The amendments to the Housing Services Act, 2011 set out in Bill 184, Protecting Tenants and Strengthening Community Housing Act, 2020, would require all Service Managers to make local eligibility rules in certain areas that would be set out in regulation. The ministry is proposing to require in regulation that Service Managers make local eligibility rules for asset limits and income limits.
Analysis of Regulatory Impact:
Requiring Service Managers to have local eligibility rules for asset limits and income limits for rent-geared-to-income assistance would:
-Create greater consistency across the province in the local administration of rent-geared-to-income housing eligibility rules.
-Create greater consistency across the province in how housing need is identified and prioritized and would help ensure RGI assistance goes to those who need it most.
-Address a recommendation made by the Auditor in the 2017 Value-for-money-Audit of social and affordable housing programs.
Service Managers that do not currently have a local income limit or asset limit rule in place for determining eligibility for rent-geared-to-income assistance would be required to develop these rules, in accordance with the regulation.
Service Managers that currently have local income and asset limit rules may have to make changes to their rules to comply with any potential new requirements.
February 16, 2021
Comments Due Date:
April 19, 2021
Ministry of Municipal Affairs and Housing
777 Bay St., 14th Floor
Toronto, ON M5G 2E5