Housing

Can a housing provider require disclosure of Henson trusts when considering rental assistance?

December 1st, 2017 by Elliot Fonarev

The Court of Appeal for British Columbia has just released a decision about asset verification for rental subsidy applicants who are beneficiaries of trusts. Though this decision is not binding in Ontario, it will be of interest to affordable housing providers here, as some of the same principles may apply.

The decision in S.A. v Metro Vancouver Housing Corporation (MVHC), helps shed light on the circumstances in which BC housing providers are allowed to request information about the contents or value of discretionary trusts (often called Henson trusts) when determining whether to grant or continue rental assistance. Henson trusts benefit disabled persons without affecting their ability to receive government benefits. Though the B.C. government does not consider Henson trusts as assets for the purpose of eligibility for disability assistance, the court said that MVHC was entitled to require the applicant provide information regarding a Henson trust when determining eligibility for a rental subsidy. In Ontario, Henson trusts are also not considered assets for determining eligibility for disability assistance under the Ontario Disability Support Program (ODSP) Act, 1997. But if the Ontario courts are swayed by this case, housing providers could seek information about Henson trusts for their internal discretionary rental assistance programs. This could be an important source of data for housing providers to help make decisions about how to allocate discretionary funds and determine eligibility for internal and external rental assistance or Rent Geared to Income (RGI) programs.

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Catch us at the 2017 ONPHA Conference and Tradeshow!

October 30th, 2017 by Iler Campbell

Are you attending the 2017 ONPHA Conference and Tradeshow this weekend? Be sure to stop by our tradeshow booth! We’ll be at booth number 124 on Friday from 8‑3. We love seeing faces new and old. Chat about your legal needs and learn about the free legal education opportunities we have on offer. Plus, fill out a ballot for a draw prize!

We’re also participating in several sessions at the conference:

Lauren Blumas is co‑leading a session as part of Education Day on Friday November 3rd. Titled, “Consent, capacity and substitute decision-making: A housing perspective” the ½ day session will address how to help elderly tenants maintain successful tenancies in a way that respects their dignity and autonomy.

Lauren is also co‑presenter of session 501 on Saturday November 4th, titled “Breathing easier: Smoke-free non-profit housing” Learn the rationale behind establishing smoke-free buildings (including within individual units), and hear practical advice on implementing policies and legal guidance on creating and enforcing the policy.

Finally, Michael Hackl and Katie Douglas are presenting session 502 on Saturday on End of Operating Agreements titled, “EOA: Ensuring legal readiness.” They’ll address the many legal matters to consider as you prepare for your EOA.

Lessons for housing providers from the 2017 National Conference on LGBTTQIA2S Lives

October 3rd, 2017 by Elliot Fonarev

Montréal Pride (Fierté Montréal) hosted the 2017 National Conference on LGBTTQIA2S Lives in August. I had the privilege of attending as a student bursary recipient. The acronym, “LGBTTQIA2S” stands for lesbian, gay, bisexual, transgender, transsexual, queer, intersex, asexual, and two-spirited – in this blog I also use the term “sexual and gender minorities” to refer to members of this community.

The conference brought together community and cultural partners, university researchers, and government representatives for a discussion of the important issues facing sexual and gender minorities across Canada today.  The workshops highlighted how different civil society groups, academics, businesses, and governments have approached civil and human rights, health and family rights, social and cultural issues, employment and workplace inclusion, migrant and refugee issues, and international issues and movements.  The topics focused on different realities and identities within the LGBTTQIA2S umbrella, raising a broad range of issues affecting different people in the community.  The overall theme that emerged from discussions was that although there have been many recent gains with respect to legal recognition and formal protections of sexual and gender minorities in Canada, many members of the LGBTTQIA2S communities continue to experience high levels of insecurity and marginalization and remain vulnerable in every sector of life.

One community in particular should be of interest to our clients who house and employ individuals from the LGBTTQIA2S communities: migrants and asylum seekers who are sexual and gender minorities.  One panel featured settlement workers who work exclusively with sexual and gender minorities in Toronto, Montreal, and Vancouver, spoke of the difficulty that many of these individuals, particularly transgender migrants, experience in finding housing.  These individuals are at risk of encountering multiple kinds of discrimination due to the intersection of their status as migrants and sexual or gender minorities, and often race or ethnicity.  Many sexual and gender minorities who are not migrants and live in social housing communities also report feeling unwelcome and unsafe due to their sexual orientation or gender as well as other intersecting identities.

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Protecting housing and human rights without limiting options

September 28th, 2017 by Michael Hackl

This article was first published on rabble.ca

Canada has been facing a housing crisis for a number of years now, with rising costs affecting both homeowners and tenants. According to the Canadian Rental Housing Index, renters in Canada are spending an average of 22 per cent of their before-tax income on rent and utilities. Further, this index reported that 40 per cent of renter households were spending more than 30 per cent of their before-tax income on rent and utilities, and a staggering 19 per cent were spending over 50 per cent of their before-tax income on rent and utilities. Keep in mind that the Canada Mortgage and Housing Corporation (CMHC) defines affordable housing as housing that costs less than 30 per cent of before-tax household income. This means that almost half of renter households in Canada are not in affordable housing, and one in five homes are spending over half of their before-tax income just to have a roof over their heads.

Imagine then, the relief that a family in Vancouver must have felt on being told that they had reached the top of a waiting list for a two-bedroom apartment that would have resulted in a significant reduction in their housing costs if they had been offered the unit. Unfortunately for them, the housing provider did not offer them the unit. At the time that the family was told that they were first on the waiting list, the family consisted of two parents and a two-year-old son, but the mother was seven months pregnant (and has since given birth to a baby girl). According to a voicemail left by a representative of the housing provider, they could not offer the family the unit because they did not know the sex of their then unborn child. For its part, the housing provider has said that the family was not being considered for the unit in any event, but the family feels they were passed over for this apartment because they have two young children of different sexes and the housing provider was unwilling to offer them a unit where those two children would share a bedroom.

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We’re on the road – again! Co-op managers: join us for a human rights workshop

September 12th, 2017 by Iler Campbell

On Friday, October 13, 2017, we will host our first IC Education event in Peel Region.  This event for co‑op managers is co‑sponsored by our friends at Peel‑Halton Co‑operative Housing Federation.

If you are grappling with human rights issues at the co‑op you manage, this may be the event for you. We’re going to talk about  how to distinguish a human right from a personal preference and how far the housing provider’s duty to accommodate extends and what the Rouge Valley decision from the Human Rights Tribunal of Ontario means for co‑ops.

And we’d love to see you there!  We have a few spaces left. To register, click here. 

Update on CMHC’s reno/retro program

September 6th, 2017 by Celia Chandler

In its 2016 budget, the federal government announced a renovate and retrofit (reno/retro) program of forgivable loans administered by the Canada Mortgage and Housing Corporation (CMHC).  CMHC issued a one‑time call for applications in June 2016 and made its final decisions on applications in June 2017.   Not surprisingly, the demand for funding greatly outstripped the available funds; we’re told that highest priority was given to projects in greatest financial need for work that addresses the risk of losing units (due to health and safety issues, regulatory or legislated requirements). By now, those who were lucky enough to be given the nod are busy working towards starting their projects quickly – all funds are to be spent by Nov 30, 2017.

We’re busy helping many with the paperwork to register these forgivable loans as mortgages on the title to their property.  If you’re a housing provider looking for legal support on these, please give us a call.