Emergency Housing Charge Assistance Policy

WOODSWORTH HOUSING CO-OPERATIVE INC.

Emergency Housing Charge Assistance Policy

Approved by the Board of Directors on January 22, 2020 and by the members at the AGM on February 16, 2021.

1. About the policy

This policy sets out the rules and procedures for administering emergency housing charge assistance funds (EHC Assistance Fund).

This is a discretionary fund established by Woodsworth Housing Cooperative (the Co-op) that is intended to give short-term assistance to households experiencing a decrease or loss of income, as determined by the Co-op. The EHC Assistance Fund is managed and allocated by the Co-op’s management, as directed by the Board of Directors. The amount of the EHC Assistance Fund may change on an annual basis.

2. About emergency housing charge assistance

(a) Emergency housing charge assistance for monthly housing charges is to give short term help to households who are experiencing a decrease or loss of income. Assistance is intended for short term use only.

(b) EHC Assistance shall not be granted for a period exceeding (3) three months, and shall not be granted more than once in any (12) twelve month period, starting from the first day of assistance.

(c) This assistance is in the form of credit to the member’s account. The credit can be up to 30% of the member’s housing charge.

(d) The amount could be limited by the amount available in the emergency housing charge assistance budget.

(e) The EHC Assistance Fund is distinct from subsidies administered by CMHC. Applying for EHC Assistance does not place an individual or household on the wait-list for a CMHC housing charge subsidy, and does not equate to a reduction in housing charges for a given household. If the household thinks it may qualify for CMHC subsidy, the household is encouraged to apply immediately.

3. Definition of Terms

(a) “Household” shall mean a person or a group of persons who occupy the same unit and do not have a usual place of residence elsewhere in Canada.

(b) Dependent: someone is considered a child of a member if they would be considered the member’s child under the Ontario Family Law Act.

(c) CMHC means Canada Mortgage and Housing Corporation and The Agency means the Agency for Co-operative Housing that manages the federal government’s cooperative housing programs on behalf of CMHC.

(d) Management means staff appointed as property managers of the Co-op by Woodsworth Housing Co-op’s Board of Directors.

4. Criteria for Eligibility

(a) Applicants must be members of Woodsworth Housing Co-op for a minimum of 12 months before they can apply to the EHC Assistance Fund; and

(b) The household must not currently be receiving CMHC subsidy but the household can be on the waiting list for CMHC while receiving emergency assistance; and

(c) The household must not owe money to the Co-op unless they are following an arrears payment agreement; and

(d) The household must show that it has had a decrease or loss of income that would make it difficult to pay the regular monthly housing charge.

5. Applying for and Administration of Emergency Housing Charge Assistance

(a) Households applying for EHC Assistance must complete the co-op application form for assistance.

(b) All applications for assistance will be processed and approved by the Management on a confidential basis.

(c) As part of an application for EHC Assistance, the household must supply proof of income loss, along with a sworn statement attesting to the veracity and accuracy of the information supplied. Proof of income loss might include, but is not limited to, the following documentation:

(i) Record of Employment for job loss
(ii) Proof of an injury requiring time off work or a WSIB claim resulting in a loss of income
(iii) Letter from employer or union on letterhead in case of strike action

(d) The Management reserves the right to seek further information from applicants regarding income loss if necessary.

(e) Emergency housing charge assistance will be given to households on a first come, first served basis depending on when the completed application form is received by the Management.

(f) Households approved to receive EHC Assistance are required to report changes in income within no more than seven (7) days of the change taking effect. If the household is no longer eligible to receive Emergency Assistance, the assistance will be withdrawn at the beginning of the month following the change.

(g) When EHC Assistance is no longer available due to the EHC Assistance Fund being depleted, Management shall notify all members of the Co-op that no further applications will be accepted until the new fiscal year.

(h) Upon being approved for EHC Assistance, the household must sign a form saying that:

(i) it understands that this is temporary assistance for a maximum of three months, and that EHC Assistance does not equal a reduction in housing charges;

(ii) Emergency housing charge assistance is dependent on money being available in the EHC Assistance Fund. That means that the full three (3) months of assistance may not be available. The agreement will have the start date and end date for assistance;

(iii) it understands that any change to the income information submitted in support of the EHC Assistance application must be reported to the Co-op within seven (7) days of the change.

6. Breach of Obligations by Members

The Co-op can end the delivery of EHC Assistance if a household or a member of the household has broken the terms of this policy, or any of the Co-op’s bylaws. In those cases, the Co-op reserves the right to demand repayment of any funds paid out to the household via the EHC Assistance Fund. Circumstances under which a household must pay back the Co-op for housing charge assistance include, but are not limited to situations in which the household:

(a) Declared its income falsely, or
(b) Did not report an increase in income when required by this policy, or (c) Ceased to meet the eligibility requirements as described in this policy.
(c) Ceased to meet the eligibility requirements as described in this policy.

7. Emergency Housing Charge Assistance Annual Budget

The amount of money available for the EHC Assistance Fund each financial year will be budgeted and approved by members in the Operating Budget. Co-op Management shall ensure that the total spent for housing charge emergency assistance does not exceed the budgeted amount of the EHC Assistance Fund.

8. Funding and Oversight

(a) The Co-op management has the discretion to deny any application for EHC Assistance, and are not obligated to provide reasons for denying such an application.

(b) Management will report to the Board of Directors at least once every 30 days on the status of the EHC Assistance Fund. Management reports will not include particulars, such as names and unit numbers of members receiving funds through the EHC Assistance Fund.


This policy replaces the internal subsidy program.

Housing Charge Subsidy Bylaw #81

Approved  by the Board of Directors, May 29, 2019 and confirmed by members on June 26, 2019 by a 2/3 majority

Woodsworth’s internal subsidy, now renamed the Emergency Housing Charge Assistance policy (EHC Assistance) is covered by a separate policy.

This bylaw #81 is about the government (CMHC) housing charge subsidy program / rent supplement program, administered by The Agency for Co-operative Housing.

While this bylaw has the application and information on the program regulations and income and calculating finances, the  Occupancy Bylaw has Appendix C: Housing Charge Subsidy Terms and Agreement.

Housing Charge Subsidy Bylaw

How guests get long-term guest (LTG) status

Everyone living in the Co-op must have a relationship (status) with the Co-op. Members and long-term guests (LTGs) all have a legal agreement with the Co-op. Members sign an Occupancy Agreement, and LTGs sign a Long-term Guest Agreement. These clarify individuals’ expectations about their role, responsibility and rights in the Co-op. This also allows the Co-op to deal with any problems that might arise from that household.

Casual guests have no status and are not considered part of a household. A casual guest may not stay at the co-op for more than three months in any year.

Teens who live in Woodsworth before they are sixteen years old do not have to apply for long-term guest status. When they turn 16, they automatically become long-term guests. No long-term guest agreement is necessary if they live with a parent or guardian. They are encouraged to apply for membership. There is a special procedure for those Turning 16 (ages 16-19).

What is a Long-term guest (LTG)?

A non-member who is approved by the Board of Directors to live as a part of a member’s household.  An LTG is not a member and has no member rights or privileges. The Occupancy Bylaw has the rules about the long-term guest process and rights. The long-term guest agreement is an attachment to the bylaw. Long-term guests may apply for membership as an internal applicant but there are time restrictions in place for relocating to their own unit.

Becoming a Long-term guest:

The Board of Directors is responsible for approving long-term guests and Management helps with the procedures and updating files. The Membership Committee has no role in approving long-term guests.

Woodsworth members can make a written request to the board of directors to approve someone as a long-term guest. Use the application form for long-term guest that is available online or in the Photocopy Room.

The request must be signed by all co-op members in the household. The proposed guest must also sign the request.

Once completed, if this is given or emailed to Management, the Manager can ensure it is on an upcoming Board agenda. The Board agenda is done by the Board and the manager. Keep a copy of your request.

Application form: Request for long-term guest status

Approval by directors of long-term guest status:

The board may choose to approve a long-term guest for a fixed period or for a maximum period or for an indefinite period. This must be stated in the board’s approval motion. If approval is for a fixed or maximum period, the person will no longer be a long-term guest at the end of the period. The board of directors can cancel long-term guest status or change the terms of long-term guest status at any time.

Sign a long-term guest agreement:

For long-term guest status to be in effect, all members in the household and their guests must sign and comply with a long-term guest agreement.

The agreement is signed only after approval by the Board and witnessed by Management.(Long-term guests do not sign the Occupancy Agreement.)

Talk to Management after Board approval about going to the Office to sign your agreement. A staff member will witness your signatures. Keep a copy of the agreement. This agreement will be necessary if the LTG wishes to become a member in the future. There is no waiting period for applying for membership, but the required information sessions are held just once a year.

Impact of long-term guest status:

Long-term guests have no right to occupy the unit independent of the members, no right to occupy any other unit in the co-op, and no right to a place on the co-op’s internal waiting list. Long-term guests also have no voting rights.

The member is still responsible to the co-op for all housing charges and all the member’s obligations to the co-op. The long-term guest cannot pay anything to the member, such as key money, and the only payment permitted is a fair share of the housing charges. Any other payment is against the law.

However long-term guests (LTGs) are considered occupants with co-op status when the member(s) apply for a larger unit, thereby helping to meet the Occupancy Bylaw’s occupancy standards. The co-op agrees that the long-term guest can live in the member’s unit and the guest is entitled to written notice if they are asked to leave.  The long-term guest must immediately leave the unit when the member’s occupancy rights end.

Members who receive rent subsidy (RGI) should know that the LTGs income may be used in the calculations. Talk to Management.

Membership:

Members may propose membership for long-term guests. The applicant must have a signed long-term guest agreement on file with Management.

Help and information:

For information on Long-Term Guest status, contact Management.

The Occupancy Bylaw covers the basic rules about becoming a long-term guest and their rights.

For information about membership for long-term guests, see How a long-term guest becomes a member

Priority internal waiting list and priority relocation

Extracts from the Membership Bylaw: Member Approval and Unit Allocation #84 related to the priority internal waiting list and relocation
Article 1.3 Special meanings

Priority waiting list
For members who have documented medical or disability accommodation needs, or in cases of severe financial
hardship, or domestic violence.

Article 4.1. Alternating between internal and external waiting lists

(a) The co-operative will fill vacancies alternately from the internal and external waiting lists unless there is someone with established special priority for that sized unit. See Article 5.2.1 about priority list.

(f) Only moves from the regular internal and external waiting lists count for alternating between internal and external wait lists. A priority move doesn’t count as an internal move. Allocation of wheelchair adapted units does not count as an internal or external move.


Article  5.2. Relocation requests with priority

Members living in Woodsworth may have priority on the internal waiting lists in certain circumstances.

Article 5.2.1. Priority Internal Waiting List

(a) Eligibility

In order to provide additional supports to individuals requiring it by virtue of their physical or mental disability, facing abuse, or financial hardship, members may be eligible for placement on a separate Priority Internal Waiting list. They may qualify if they are experiencing medical or disability accommodation needs, and in some circumstances, severe financial hardship, or domestic violence.

Those with financial issues must not be in arrears. See Article 5.1.2 (c)

The Occupancy Bylaw outlines the co-op’s response to domestic violence. Occupancy Bylaw, Article 7.4.

(b) Human Rights

Ontario Human Rights legislation and our Human Rights Bylaw have requirements about providing medical and disability accommodation. Such requests have a higher priority on the Priority Internal Waiting List than financial hardship or domestic violence requests.

(c) Applying for priority

Members wishing to request a priority move must fill out the Priority Move Application and then meet with the Woodsworth Manager.
In an accommodation-based priority move application, an Accommodation Request Form will also need to be filled out.

The priority waiting list is maintained by Management and is confidential. The Membership Committee is not involved in the priority waiting list.

The Board of Directors votes to approve or decline all priority move requests.

If the member qualifies for the an accommodation-based priority move, the Manager of the co-operative and the accommodation seeker and, where appropriate, one or more directors and any necessary health practitioners will work together cooperatively to develop an Accommodation Plan for the individual. If the member does not qualify for the Priority Waiting list, the member can fill out a Relocation Application to go on the main internal waiting list.

The Board of Directors will review and approve the accommodation plan.

(d) Unit offers

The member will be offered three opportunities to accept a unit based on their Accommodation Plan.
Once a move has been accepted, the priority status is removed. If necessary, the member can reapply for a priority move or through the normal internal waiting list.
See also Schedule F of this bylaw and Article 5.5.5 Refusals for priority internal waiting list

Article 5.2.2. Maintain number of units with housing charge subsidy

The Co-operative’s Agreement with the Canada Mortgage and Housing Corporation (CMHC) requires that the co-operative provide subsidies for 25% of the units, if applicable.

If a unit becomes available and the number of households in the co-operative receiving subsidy is below the minimum number required in the co-operative’s Agreement with CMHC, Management may offer the unit if appropriately sized to someone on the waiting list who requires government subsidy or the Board may have to give applicants on the external waiting list subsidy priority over households on the internal waiting list in order to comply with CMHC’s requirements.

Article 5.2.3. Transfers based on Occupancy Bylaw, (Article 5.3 Damage by fire, etc.)

These household relocations may be given priority. Households entitled to be offered a unit under the provisions of the Occupancy Bylaw on fire or other damage, or sale of the co-operative may be offered a unit in the order in which they first became entitled to a new unit. See the Occupancy Bylaw

Article 5.2.4. Internal move requests that do not get priority on waiting lists

(a) Moves based on other bylaws
Occupancy Bylaw, Article 9.4, Not Meeting Minimum Household Size
and
Housing Charge Subsidy Bylaw, Article 2.5, Overhoused Households

These may require members to move. There are specific rules attached to each of these, but they do not get priority on the waiting list and must wait their turn to be offered a new unit. See the relevant bylaw.

(b) Special waiting list requests other than number of bedrooms
Units are offered by date order (Article 5.1.1)

Members may specify on their relocation request that they only wish to transfer to a particular type of unit, specific floor, or specific unit or group of units. They will be skipped if the available unit does not match their preference. However they are not given any priority when their preferred unit becomes available. They must be next on the waiting list when a match comes up for their preference. See Article 4 (h).

Article 5.2.5. Waiving residency requirements

There is no priority granted, only the waiving of the two (2) years minimum residency requirement in their unit before the household can join the internal waiting list.

The Board may also waive it for approved priority such as accommodation needs. See article 5.2.1 and Schedule F.

Article 5.5.5. Refusals for priority internal waiting list

Households that have been given special priority status for an internal move as defined in Article 5.2.1 (Priority Internal Waiting List) will be offered three (3) opportunities to accept a unit based on their Accommodation Plan.

After three refusals, the household will be removed from the priority waiting list.

If the household still wishes to relocate, they must apply through the normal internal waiting list procedures. Their position on the internal waiting list will be based on the date their application for a normal priority move was received.


Membership Bylaw, Schedule F: Woodsworth’s Criteria Guideline for Priority Moves

1. Members may be eligible for placement on a separate Priority Internal Waiting list if they are experiencing a Medical or Disability Accommodation needs, severe Financial Hardship, or Domestic Violence. See Article 5.2.1 Priority Internal Waiting List

2. By legal requirement, Medical and Disability Accommodation requests have priority. Applications regarding Financial Hardship or Domestic Violence will be processed on a first come, first serve basis.

3. The first step is to fill out the Priority Move Application and then meet with the Woodsworth Manager. This process is completely confidential. If the member does not qualify for the Priority Internal Waiting list, the member can fill out a Relocation Application to go on the main internal waiting list.

4. The Board of Directors will review and give final approval to the Accommodation Plan.

CRITERIA

Medical or Disability Accommodation

A request for a Priority Move due to Medical or Disability reasons must follow the Woodsworth’s Accommodation Policy for Residents with Disabilities based on the Ontario Human Rights Code. An Accommodation Request Form will also need to be filled out as part of this process.
The Co-op’s obligations are limited to accommodating disability-related needs, not members’ preferences.

The manager will request documentation from an appropriate health practitioner detailing the nature of the individual’s disability, any restrictions resulting from the disability, the expected duration of the restrictions, and the basis for the medical conclusions.

Each person’s situation will be individually assessed by the Co-op Manager. If the manager determines a current housing unit is detrimental to a member’s medical condition and a different unit is needed soon, then the member would qualify for the Priority Move waiting list.

The manager and member will go through the accommodation procedure together. The manager may propose other accommodation options that meet the member’s needs. If the member accepts an accommodation option other than priority relocation, the member can join the main internal waiting list requesting a different unit.

Management and the Co-op website can provide detailed information on the Woodsworth Accommodation Policy and the Accommodation Planning process.

Financial Hardship

If a member is experiencing severe financial hardship and has an urgent need for a less expensive unit, the member must present third-party financial or legal documents to the Co-op Manager as part of the application for a Priority Move.

Proof of severe financial hardship might include, but is not limited to the following documentation:
bankruptcy documents (filing documents, proof of claim etc.), creditors letters, bank statements, record for employment for job loss.
Those with financial issues must not be in arrears. See Article 5.1.2 (c)

Domestic Violence

Woodsworth’s Occupancy Bylaw #82, 7.3, defines violence against another person in the same household as domestic violence. 7.4a of Occupancy Bylaw states: The co-op does not tolerate domestic violence. It will try to
assist victims of domestic violence. Members who engage in domestic violence may be evicted.

If a member has experienced domestic violence, is no longer living with the abuser, yet fears for their safety by remaining in the same unit, they can request a Priority Move to another unit. Documentation may be required. Examples include a restraining order and a peace bond.
The Occupancy Bylaw outlines the co-op’s response to domestic violence. Article 7.4.