Standard Letter Templates Directive Number: RGI Date: December 8, 2014

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1 Subject: Durham Social Housing Directives Housing Services Division Financial Housing Services 605 Rossland Rd E, Whitby L1N 6A Standard Letter Templates Directive Number: RGI Date: December 8, 2014 Purpose To provide standard letter templates for common rent-geared-to-income (RGI) decisions and notices. Background The Housing Services Act requires written notification of decisions related to rent-geared-to-income (RGI) ineligibility and RGI changes. From time to time, housing providers may also give other written notice pertaining to RGI such as requests for information or notice that RGI is set at the maximum/equivalent to market rate. This directive sets out a number of standard letter templates related to RGI decisions and RGI administration. Specifically: Request for Information Notice of RGI Ineligibility Notice of RGI Change in RGI Assistance Notice of Retroactive RGI Change with Amount Owing Notice of Increase to Market/Maximum RGI and 12 Month Rule Notice of RGI Ineligibility 12 Months at Market Housing providers are required to use these templates or to incorporate the content of these letters into their own notices. All letters must be issued on the housing provider s letterhead and contain the name and contact information of a designated person for questions or clarification. If this information is required in an accessible format, please contact ext

2 Electronic copies of all standard letter templates are also available on the Housing Services section of the Region of Durham s website at Request for Information The standard letter template for a Request for Information is set out in Appendix A. This letter is used to request information that is required to determine or confirm a tenant or co-op member s RGI eligibility. Requests for information should be reasonable and within the control of the RGI tenant or co-op member to provide. Housing providers should customize the letter to reflect only outstanding information from the checklist, and should be specific about what is being requested. At minimum, the request should note the: details of the information (e.g. most recent monthly statement from WSIB) person to whom the information pertains date that the information must be provided. If the information is not returned by the specified date, the housing provider may determine that the tenant or co-op member is no longer eligible for RGI. If so, the provider must give subsequent notice of RGI ineligibility. Notice of RGI Ineligibility The standard letter template for a Notice of RGI Ineligibility is set out in Appendix B. This notice is issued when a tenant or co-op member is determined to be ineligible for continued RGI. It must be issued within 7 days of making the decision. Housing providers should re-format the letter to note only one reason for ineligibility from the checklist. A tenant or co-op member cannot be made ineligible for RGI for any reason other than those provided in the checklist. Housing providers may customize the letter but must ensure that the letter sets out: the effective date of RGI ineligibility which must be the first day of the month following 90 days from the date of notice Durham Social Housing Directive RGI Page 2 of 6

3 the market rent or housing charge that is payable on the effective date of RGI ineligibility the reason for RGI ineligibility including sufficient detail to explain the decision a statement of the right to request a Regional Review including details of how to request it. Notice of RGI Change The standard letter template for a Notice of RGI Change is set out in Appendix C. This notice is used to advise an RGI tenant or co-op member of an increase or a decrease in the amount of RGI payable. It may be used following an annual review or a change reported by the RGI tenant or co-op member. It must be issued within 7 days of calculating the change in the RGI. Housing providers may customize the letter but must ensure that the letter sets out: the new RGI amount (additional charges, like parking or sector support, should be listed separately) the effective date of the RGI change the reason for the RGI change a statement of the right to request a Regional Review including details of how to request it. Notice of Retroactive RGI Change with Amount Owing The standard letter template for a Notice of Retroactive RGI Change with Amount Owing is set out in Appendix D. This notice is used to advise an RGI tenant or co-op member of a retroactive increase in the amount of RGI payable that results in an additional amount owing. It must be issued within 7 days of calculating the change in the RGI. Housing providers may customize the letter but must ensure that the letter sets out: the new RGI amount Durham Social Housing Directive RGI Page 3 of 6

4 the effective date of the RGI change the reason for the RGI change, including sufficient detail to explain the decision and why it has been implemented retroactively the amount owing for the past period a request to enter into a repayment agreement a statement that the RGI tenant or co-op member must pay the new amount on the first day of the following month a statement of the right to request a Regional Review including details of how to request it. Notice of Increase to Market/Maximum RGI and 12 Month Rule The standard letter template for a Notice of Increase to Market/Maximum RGI and 12 Month Rule is set out in Appendix E. This notice is used to notify an RGI tenant or co-op member that they are now paying RGI at a rate equivalent to the market rent or housing charge (excluding additional charges such as parking or sector support). It is used in place of the Notice of RGI Change. This notice also alerts the household that they will become ineligible for RGI assistance if they continue to pay RGI at the market rate for 12 consecutive months. It must be issued within 7 days of calculating the change in the RGI. Housing providers may customize the letter but must ensure that the letter sets out: the new RGI amount, including a statement that this is the maximum RGI charge/equivalent to the market rent or housing charge for the unit the effective date of the RGI change the reason for the RGI change a statement that the RGI tenant or co-op member will become ineligible for RGI if the rent or housing charge remains equivalent to the market rate for 12 consecutive months a statement of the right to request a Regional Review of the increase in RGI, including details of how to request the review. Durham Social Housing Directive RGI Page 4 of 6

5 This is not a Notice of RGI Ineligibility. If the RGI remains at the maximum/equivalent to market rate for 12 consecutive months, the housing provider must send the Notice of Ineligibility 12 Month Rule letter at that time. Notice of RGI Ineligibility 12 Month Rule The standard letter template for a Notice of RGI Ineligibility 12 Month Rule is set out in Appendix F. This notice is used when an RGI tenant or co-op member has been paying the maximum RGI/equivalent to market rate for 12 consecutive months. It must be issued within 7 days of the end of this 12 month period. It is used in place of the standard Notice of RGI Ineligibility because there is no corresponding increase to market required. The tenant or co-op member is ineligible for RGI effective the current date of notice. Housing providers may customize the letter but must ensure that the letter sets out: the RGI tenant or co-op member is ineligible for RGI because they have been paying the maximum/equivalent to market rate for 12 consecutive months the effective date of RGI ineligibility which must be the current date a statement of the right to request a Regional Review including details of how to request it Other Letters In addition to the standard letter templates set out in this directive, the Region of Durham periodically develops other template letters to assist housing providers in RGI administration pertaining to specific polices or procedures (e.g. overhoused letter templates). Electronic copies of all letter templates are available on the Housing Services section of the Region of Durham s website at Effective Date This directive comes into effect on the date it is issued. Repealed Rules Durham Social Housing Directive RGI Page 5 of 6

6 This Directive replaces Directive Sample Standard Letter Templates issued under the former Social Housing Reform Act. Legislative Authority Housing Services Act, s. 53 Ontario Regulation 367/11, s. 28, 29, 30, 32 and 61 Durham Social Housing Directive RGI Page 6 of 6

7 Appendix A Request for Information To RGI Tenant/Co-op Member: Your eligibility for rent-geared-to-income (RGI) is currently being reviewed. In order to complete this review, we require the following information: Proof of income Proof of assets Proof of status in Canada Proof that property is for sale Your most recent Notice of Assessment from the Canada Revenue Agency Other: [Enter details of the information that is being requested.] This information must be submitted to our office no later than [date]. If you do not submit this information by this date, you may be determined ineligible for RGI and will be required to pay the full market rent/housing charge of [amount] for your unit. If you are unable to provide this information by the above date, please contact our office immediately to make other arrangements. If you have any questions, please call me at [phone number]. Sincerely, [Housing Provider Contact] RGI Appendix A Page i of i

8 Appendix B Notice of RGI Ineligibility To Applicant /RGI Tenant /RGI Co-op Member: You are no longer eligible for rent-geared-to-income (RGI), and your rent/housing charge will increase to the full market rent/housing charge of [amount] on [day of the month following 90 days after the date of this notice] because: You failed to report a change in your income, assets or household composition. You have not returned your Annual RGI Review. You have not provided requested information or documentation. You failed to make reasonable efforts to obtain income. Your household assets exceed $50,000 / $75,000. You failed to divest yourself of residential property. You are overhoused and you have turned down three offers to move to a smaller unit. Not all members of your household have status in Canada. You can no longer live independently. No member of your household is at least 16 years old. This decision was made because: [Outline the details of the decision e.g. what documentation was not submitted, when the review was requested, the nature of the unreported change, etc.] If you disagree with this decision, you may request a Regional Review of it within 10 business days. To request a Regional Review, you must write to our office stating the reasons that you disagree with the decision. If we are unable to address your concerns, we will forward your request to the Regional Review Panel for review. If you have any questions, please call me at [phone number]. Sincerely, RGI Appendix B Page i of ii

9 [Housing Provider Contact] RGI Appendix B Page ii of ii

10 Appendix C Notice of RGI Change To RGI Tenant/Co-op Member: We have completed our review of your rent-geared-to-income (RGI). Your RGI will [increase/decrease] to $[new RGI amount] per month on [date]. On [date] your new total monthly rent/housing charge will be: New RGI Amount $ Sector Support $ Cable $ Parking $ Other Charges $ RGI Repayment $ Total Charge $ Your RGI has changed because: [Outline the reasons for the change.] If you disagree with this decision, you may request a Regional Review of it within 10 business days. To request a Regional Review, you must write to our office stating the reasons that you disagree with the decision. If we are unable to address your concerns, we will forward your request to the Regional Review Panel for review. If you have any questions, please call me at [phone number]. Sincerely, [Housing Provider Contact] RGI Appendix C Page i of i

11 Appendix D Notice of Retroactive RGI Change with Amount Owing To RGI Tenant/Co-op Member: The amount of your rent-geared-to-income (RGI) has been reviewed for the period [date] to [date]. You were charged less RGI for this period than you should have paid so we have increased your RGI effective [date] to $[new RGI amount]. This means that you must pay us an additional $[amount to be collected back] for this period. This change was made because: [Outline the reasons for the change and amount owing. You may need to show how the amount owing was calculated.] Please note that you must also pay the new RGI of amount of $[new RGI amount] when you next pay your rent/housing charge. On [first day of following month], please pay the new rent/housing charge of: New RGI Amount $ Sector Support $ Cable $ Parking $ Other Charges $ RGI Repayment $ Total Charge $ If you disagree with this decision, you may request a Regional Review of it within 10 business days. To request a Regional Review, you must write to our office stating the reasons that you disagree with the decision. If we are unable to address your concerns, we will forward your request to the Regional Review Panel for review. Please contact [name] and [phone number] by [date] to make arrangements to repay this amount. If you have any other questions, please call me at [phone number]. Sincerely, [Housing Provider Contact] RGI Appendix D Page i of i

12 Appendix E Notice of Increase to Market/Maximum RGI and 12 Month Rule To RGI Tenant/Co-op Member: We have completed our review of your rent-geared-to-income (RGI). Your RGI will increase to $[market amount] per month on [date]. On [date] your new total monthly rent/housing charge will be: New RGI Amount $ Sector Support $ Cable $ Parking $ Other Charges $ RGI Repayment $ Total Charge $ Your RGI has changed because: [Outline the reasons for the change.] You normally pay RGI of about 30% of your gross monthly income. This change means that you are now paying the maximum RGI that can be charged for your unit which is the same as the market rate. This means that you are not currently receiving any subsidy for your unit. However, if your income goes down, your RGI may be reduced. If your RGI stays at the market rate for 12 months in a row, you will become ineligible for RGI. This means that we will not be able to adjust your rent/housing charge if your income goes down. We will continue to review your RGI eligibility over the next 12 months and notify you if you become ineligible for RGI. If you disagree with the change in your RGI amount to the maximum amount, you may request a Regional Review of it within 10 business days. To request a Regional Review, you must write to our office stating the reasons that you disagree with the decision. If we are unable to address your concerns, we will forward your request to the Regional Review Panel for review. If you have any questions, please call me at [phone number]. Sincerely, RGI Appendix E Page i of ii

13 [Housing Provider Contact] RGI Appendix E Page ii of ii

14 Appendix F Notice of RGI Ineligibility 12 Months at Market To RGI Tenant/Co-op Member: You have been paying rent-geared-to-income (RGI) at the market rate since [date]. As you have not been receiving subsidy for more than 12 months, you are no longer eligible for RGI effective [current date]. If you disagree with this decision, you may request a Regional Review of it within 10 business days. To request a Regional Review, you must write to our office stating the reasons that you disagree with the decision. If we are unable to address your concerns, we will forward your request to the Regional Review Panel for review. If you have any questions, please call me at [phone number]. Sincerely, [Housing Provider Contact] RGI Appendix F Page i of i