Quarterly Performance Report Q (January 1, 2016 March 31, 2016)

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1 Quarterly Performance Report Q (January 1, 2016 March 31, 2016) The OCHE oversees compliance with TCHC policies, procedures, applicable legislation and guidelines relating to evictions for arrears and loss of subsidy for seniors and other vulnerable residents to ensure fair and equitable treatment. INTEGRITY. IMPARTIALITY. INDEPENDENCE

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3 OVERVIEW 3

4 This report covers the 1st Quarter of 2016 (January 1, 2016 to March 31, 2016). Arrears: Successes Effectively engaged with 97.5% (40/41) 1 of the senior residents and vulnerable residents for arrears files completed during this quarter. Stabilized housing and avoided evictions for 85% (34/40) 2 of the senior residents and vulnerable residents for arrears files completed during this quarter. The OCHE met its 45 Business Day timeline in 97% of the files referred under the OCHE s revised Terms of Reference. The OCHE identified exceptional circumstances to exist in the 94% of the Residents who breached the OCHE brokered Local Repayment Agreements. The OCHE was able to provide further assistance to stabilize their tenancies, thus avoiding eviction. The OCHE continued to utilize a variety of arrears resolutions methods, with a continued focus on entering into reasonable Local Repayment Agreements for arrears, resolving Loss of Subsidies, and identifying external funding sources to assist in repaying arrears. The OCHE secured direct payments to TCHC in 35% of the files resolved in Q The OCHE was only required to broker Local Repayment Agreements to address arrears in 54.5% of the files resolved this quarter. $247,000 in total value of direct arrears recovery ($15,567), arrears repayment agreements brokered ($80,201) and eviction cost avoidance ($151,232) facilitated by the OCHE in Q Loss of Subsidy: 100% of the OCHE s monthly Loss of Subsidy reports were delivered to TCHC Asset Management within 30 calendar days, providing TCHC with raw audit data, performance results, statistical analysis and recommendations. 1 This does not include 1 Household that was not capable of engagement as the unit was abandoned. 2 This does not include the 1 Household that was not capable of engagement, plus 1 additional Household who vacated their unit under notice. 4

5 Challenges Arrears: The Commissioner remains concerned with the identification of vulnerable residents through the Resident and Community Services File Management System. The OCHE is not receiving feedback from TCHC on how the Commissioner s recommendations, aside from whether or not to proceed to the LTB, are being implemented by TCHC. A significant reduction in files where the N4 was served, and files referred to the OCHE, according to the Arrears Collection Process timelines. The absence of any files where the Arrears Collection Process timelines were met for both the service of an N4 and the subsequent referral to the OCHE. The number of Market Rent Tenants continue to be over-represented in the referrals to the OCHE. The OCHE observed an increase in breached OCHE Brokered Local Repayment Agreement referrals. Loss of Subsidy: This was the third quarter the OCHE received referrals for vulnerable residents from Contract Managed properties, but the OCHE remains concerned that vulnerable residents are not being identified and referred to the OCHE. There were no vulnerable files referred this quarter from Contract Managed properties. The OCHE observed an increase in files where staff failed to send residents the reminder letter for their upcoming Loss of Subsidy (30 days before the loss takes effect), as required by TCHC Policy (92% from 88% in Q and 80.5% in Q3 2015). Despite repeated recommendations from the OCHE that this is an area that requires attention and improvement, the results continue to indicate challenges with compliance. Continued low referral rate from Direct Managed properties of vulnerable residents experiencing a Loss of Subsidy (4 per month this quarter, from 5 per month in Q4 2015). 5

6 Direct Contacts and Referrals to OCHE in Q OCHE by the Numbers January to March, % 15% Direct Contacts: 36 12/month Arrears Referrals: /month 42% 33% Loss of Subsidy Referrals: /month Breached Agreement Referrals: 24 = 8/m Arrears Referrals The OCHE observed an 84% increase in average monthly Arrears referrals compared to the previous quarter (27 from 14.6). Loss of Subsidy Referrals The OCHE observed a 28% decrease in average monthly Loss of Subsidy referrals compared to the previous quarter (34.6 from 48.3). Direct Contacts 4 The OCHE observed a higher rate of average monthly direct contacts compared to the previous quarter (12 from 8.3). The top 3 inquiries were relating to: transfers, rent calculations, and evictions outside the OCHE s mandate. Our inquiries came from residents, as well as: community health clinics, LTB Duty Counsel, City of Toronto Staff, and Provincial and Municipal elected officials. Breached OCHE Brokered Local Repayment Agreements The OCHE received 24 Breached OCHE Brokered Local Repayment Agreements, an increase from 3 last quarter. 3 Pie Chart represents % for each category during this quarter. Legend indicates total quarterly number and monthly average during this quarter. 4 The OCHE is committed to providing information and referrals to internal and external stakeholders who contact the OCHE regarding areas outside of the OCHE s jurisdiction. The OCHE works to identify, wherever possible, who they should connect with regarding their specific issue or concern, and facilitates that connection where possible. 6

7 PART 1: ARREARS FILE REFERRALS 7

8 Arrears File Referrals to the OCHE The OCHE was referred a total of 82 5 Arrears files between January and March, The breakdown of the referrals by month was as follows: File Referrals Q Total: JAN, 2016 FEB, 2016 MAR, File Referrals 2015 Total: Q Q Q Q Contract Managed Direct Managed Direct Managed Contract Managed 24% (20/82) of the files referred were from Contract Managed buildings, which is consistent with the 23% received last quarter. 10% (8/82) of the files referred had an underlying Loss of Subsidy causing or contributing to the arrears, which is higher than last quarter (7%). 66% (54/82) of the files referred were for senior residents, and 34% (28/82) were for vulnerable residents. Vulnerable files represented 11% (5/44) of files received in Q o The OCHE observed an overall increase in vulnerable residents being referred to the OCHE. As these numbers increase, the OCHE will closely monitor the application and timelines for the underlying processes and reporting out on those results, along with recommendations for improvement. 5 Files referred to the OCHE may be returned to TCHC without completing a Report and Recommendations in cases where the arrears are paid in full before the OCHE commences its review, or where the resident is deceased. 8

9 PART 2: ARREARS FILE REPORTS AND RECOMMENDATIONS 9

10 OCHE Issued Arrears Reports and Recommendations The OCHE completed its review and resolution efforts on 42 6 arrears files during the reporting period, and delivered the resulting Reports and Recommendations back to TCHC and the involved residents. The monthly breakdown for delivery of these Reports and Recommendations is as follows: OCHE Reports Q Total: OCHE Reports 2015 Total: JAN, 2016 FEB, 2016 MAR, 2016 Contract Managed Direct Managed 0 Q Q Q Q Direct Managed Contract Managed 16.5% (7/42) of the OCHE s arrears file Reports and Recommendations were for residents living in Contract Managed buildings, which is a decrease from 23% last quarter. Approximately 16% of TCHC Residents live in Contract Managed properties. As a result, residents living in Contract Managed properties were proportionately represented in Q The OCHE returned 2 files without completing Reports and Recommendations in Q Resident paid the arrears in full before OCHE commenced its review, and 1 Resident was deceased. 10

11 Demographics of Residents whose Housing was at Risk The OCHE works with senior residents and vulnerable residents whose housing is at risk. These residents experience a variety of underlying issues which the OCHE works to identify and address in order to achieve housing stability and maintain healthy tenancies. Some of the underlying issues residents deal with include: poverty, poor mental and physical health, capacity issues, death of spouse, social isolation, difficulties in transitioning between provincial social benefits and federal pensions, poor financial literacy and budgeting skills, high hydro costs, other debts to creditors (including short-term loan companies), etc. Rent-Geared-to-Income 71.5% (30/42) of the Households receive Rent-Geared-To-Income subsidies, which is a decrease from 76% last quarter. Approximately 93% of TCHC s residents pay RGI rent 7, with 7% paying affordable market rent. The OCHE observes that Market Rent Tenants are continually over-represented in arrears files referred to the OCHE. Reports Issued for Senior vs. Vulnerable Residents 74% (31/42) of the Households included senior residents, and 26% (11/42) of Households included vulnerable residents. Age Demographics 12% of the Households had senior residents 70 years or older, which is lower than the 16% last quarter. The most senior resident the OCHE worked with was 79 years old. 100% 80% 60% 40% 20% 0% 0 Residents Aged Residents Aged Residents Below age 59 Age of OCHE clients 6 Residents Aged Location within TCHC s Portfolio The Households came from 11/13 of the Direct Managed Operating Units and 2/3 of the Contract Managed Operating Units

12 The percentage of arrears file reports for Households from the OU A & B (Seniors Only Buildings) was 9.5% during this quarter, compared to 16.5% last quarter and 9.5% in Q Length of Tenancy The OCHE observed that most arrears files are for long-term tenants. At the time the files were referred to the OCHE, the average length of tenancy was 11 years and 10 months. The median was 9 years and 10 months. Only one Household had lived at TCHC less than 2 years at the time of referral to the OCHE. The shortest tenancy observed during this reporting period was 5 months, and the longest 29 years. Ultimately, the 5 month resident was recommended for an Eviction Application at the LTB, but has not yet been evicted from TCHC. The OCHE observed no correlation between the length of tenancy and the ability of the OCHE to resolve the need for an Eviction Application. Number of Files From Each OU OU Y OU A OU B OU W OU M OU L OU C OU D OU A (DM) 2 OU B (DM) 2 OU C (DM) 2 OU D (DM) 5 OU E (DM) 5 OU F (DM) 1 OU G (DM) 2 OU H (DM) 0 OU I (DM) 0 OU J (DM) 7 Operating Unit A is for Senior Residents and Single Family Homes East. Operating Unit B is for Senior Residents and Single Family Homes West. OU K OU J OU G OU F OU E OU K (DM) 5 OU L (DM) 3 OU M (DM) 2 OU W (CM) 3 OU X (CM) 0 OU Y (CM) 3 Operating Units W, X and Y are for Contract Managed Properties, divided by region (East, Central, West). 12

13 Household Composition: 57% of Households had only one resident, an increase from 54% last quarter. Households of 1 = 24 Household Composition 3 8 The proportion of the household compositions remained constant quarter over quarter. Households of 2 = 7 Households of 3 = 8 Households of 4+ = 3 7 Households of 1 = 24 Level of Arrears at Referral to OCHE Average arrears at the time files were referred to the OCHE were $3, Median arrears at the time files referred to the OCHE were $2, Arrears were worth an average equivalent of 5.1 months of the resident s rent. Highest Arrears file ($13,542) had arrears since May 2013, and was referred to the OCHE in Dec The senior resident was willing to work with the OCHE, and was assisted in resolving the Loss of Subsidy. The Resident accrued retro-rent charges, but was able to enter into a Local Repayment Agreement for $150 per month to repay the arrears. Highest Arrears Since May 2013 Since April 2014 $13, $65.00 Lowest Arrears Lowest Arrears file ($65) had arrears since April 2014, was referred to the OCHE in Dec The vulnerable resident s arrears increased while at the OCHE, but she was able to access the City of Toronto s Housing Stabilization Fund to repay some arrears, and a Local Repayment Agreement at $80 a month to repay the remaining. 13

14 Arrears Collection Process: N4 8 and OCHE Referral Timelines The OCHE has divided the application of TCHC s current Arrears Collection Process into two main trigger points. The first, is for the timing of the service of the N4 in relation to when the arrears began 9. The second, is for the timing of the referral to the OCHE after the N4 was served. N4 Timelines The current Arrears Collection Process indicates that N4s should be served in the 1 st month of arrears. Number of Files Number of Months Between Arrears Accruing & N4 Service 8 1st Month = 8 Files 11 2nd 3rd Months = 11 Files 8 8 4th 6th Months = 8 Files 7th 11th Months = 8 Files 7 12th Month & longer = 7 Files Green = complied with ACP timelines; Yellow = close to compliance with ACP timelines; Red = clear non compliance with ACP timelines Q Results Q Results Number of Files Number of Files N4 = Notice to End a Tenancy Early for Non-payment of Rent this is the initial legal document required by the Landlord and Tenant Board to give notice to a Resident that the Landlord may make an application to the Landlord Tenant Board for an eviction due to unpaid rent (arrears). The N4 provides timelines for the Resident to repay the arrears, failing which the Landlord is entitled to make an eviction application to the Landlord and Tenant Board. 9 The Arrears Collection Process allows for a Local Repayment Agreement to be entered into before an N4 is served, where this occurs the OCHE uses the entering of the LRA as the trigger for this measurement. 14

15 In 57% (24/42) of files the arrears began after the updated Arrears Collection Process was implemented (Sept 2014 or later), and in 43% (18/42) of the files the arrears began before the updated Arrears Collection Process was implemented (Aug 2014 or earlier). In 19% (8/42) of files the N4 was served in the first month of arrears as required in the current Arrears Collection Process, an increase from 20% in Q The OCHE also notes a considerable reduction in the most aged files (17% from 31%). In 40.5% (17/42) of the arrears files, TCHC had entered into Local Repayment Agreements with the Resident for the arrears. The breach of these underlying Local Repayment Agreements resulted in the referral to the OCHE. This is an increase from 28% in Q Of these 1/17 (6%) were verbal agreements that should have been formalized in writing in accordance with the Arrears Collection Process, an improved performance from the 32% observed in Q The increase in underlying Local Repayment Agreements is to be expected, and reflects the overall increase in Local Agreements within TCHC. The OCHE will continue to monitor this closely going forward. The OCHE notes in this quarter 23.5% (4/17) of files had multiple LRAs. The Arrears Collection Process provides for one LRA to be offered to a resident in arrears, and unrepaired breaches are to be referred to the OCHE. The consequence of multiple LRAs is a further delay in the referral to the OCHE, with the likelihood of increased arrears and residents being taught to not take these repayment obligations seriously. 24% (10/42) of the files had multiple N4s 10 served to the Resident with respect to the arrears, an increase from 15.5% in Q TCHC is only required to serve 1 valid N4 on a Resident before proceeding with an eviction application to the Landlord and Tenant Board. Serving multiple N4s where there are no issues with its validity is not a best practice and can lead to confusion on the part of the Resident. The OCHE expects TCHC will continue to work at reducing the instances of multiple N4s going forward. Where there are errors in the N4, these must be corrected before proceeding to an eviction application at the LTB. TCHC s RTA Unit identifies these errors and refers them back to the Operating Units. In this quarter, 20% (2/10) of the files with multiple N4s were due to errors. OCHE Referral Timelines The Arrears Collection Process indicates decisions to proceed to an Eviction Application should be made by the end of the month after the N4 was issued (approximately 60 days after the arrears began). The OCHE should receive the referral within the following month (2 nd month 10 Where multiple N4s were served on a resident, the earliest N4 was used in calculating the time between arrears commencing and service of N4, and the later was used in calculating the time between N4 service and referral to the OCHE. 15

16 after N4 11 ). In cases where TCHC enters into a Local Repayment Agreement, an unrepaired breach triggers the referral to the OCHE. Number of Months After N4 Service/Breached LRA & OCHE Referral 20 Number of Files nd Month = 5 Files 3rd Month = 5 Files 19 4th 6th Months = 19 Files 9 7th 11th Months = 9 Files 2 12th month & longer = 4 Files Green = complied with ACP timelines; Yellow = close to compliance with ACP timelines; Red = clear non compliance with ACP timelines Q Results Q Results Number of Files Number of Files In 9.5% (4/42) of the files the OCHE correctly received the referral within the 2 nd month after the N4 was served or the underlying Local Repayment Agreement was breached. This is a decrease from 41% observed in Q Some of this decrease may be related to the increased number of files with underlying Local Repayment Agreements. TCHC has indicated challenges in the timely monitoring of any resulting breaches. Overall ACP Timeline Compliance The OCHE did not observe any instances this quarter to have met both the N4 service timeline (1 st month of arrears) and the OCHE referral timeline (2 nd month after N4 or breached Local 11 Where a vulnerable Resident is referred to Resident and Community Services, an additional 60 days are provided before the referral to the OCHE. This is accounted for in the calculation of these statistics. 16

17 Repayment Agreement) as required by the Arrears Collection Process. This is a decrease from 9% in Q A focus on meeting all the timelines of the ACP helps to achieve the goal of early intervention and resolution, which is in the best interests of TCHC and its residents. OCHE Engagement Levels The OCHE makes every reasonable effort to engage with residents whose arrears files have been referred by TCHC. The goal is to work with residents to come up with solutions to their arrears, and empower them through the process of stabilizing their housing. The OCHE has embraced a purposeful engagement model that has resulted in the OCHE being able to successfully engage with residents 97.5% (40/41) 12 of the time in Q This engagement level is slightly higher than the 96.5% (85/88) from last quarter. The OCHE s engagement model, titled the OCHE Approach, focuses on the following key components: 1. Using Positive Messaging 2. Engaging & Empowering Residents 3. Employing Intensive & Focused Attention within 45 Business Days 4. Addressing Underlying Issues 5. Accessing External Funds 6. Using Creative & Flexible Plans 7. Educating Residents 8. Involving Families for Assistance 9. Assisting with Budgeting 10. Selecting Reasonable Repayment Amounts The OCHE s successful engagement rate is of particular note, as these are Residents where TCHC staff have confirmed that have done everything possible to avoid the need for an eviction application. These residents are also often described as difficult to engage or non-compliant. The OCHE s experience has been that through employing the OCHE Approach, we are able to effectively engage with these Residents, while also providing TCHC with the opportunity to begin rebuilding trust with the Resident that may have been previously lost. OCHE Outcomes for Arrears Files The OCHE s core mandate is eviction prevention. In executing this mandate the OCHE enhances the services TCHC provides residents, by supporting healthy and successful tenancies, increasing levels of resident satisfaction at TCHC, and reducing the need for seniors and vulnerable residents to face eviction when the tenancies are salvageable. The costs of failed tenancies go beyond monetary measures, resulting in negative outcomes for the residents, TCHC, and the City. However, the OCHE also has a positive financial impact on 12 The OCHE removed 1 Household that was identified as having abandoned the unit. 17

18 TCHC. In many cases, the OCHE stabilizes housing by facilitating arrears payments directly to TCHC, or by brokering reasonable repayment agreements for residents to repay the arrears over time. By stabilizing housing, the OCHE also assists TCHC in avoiding costs related to evictions The OCHE s Recommendations to TCHC Re: Proceeding with Eviction Applications to the Landlord and Tenant Board Q Recommendations Recommendations YES (14%) NO (81%) NR (5%) YES (14%) NO (77%) NR (9%) Direct Managed Contract Managed Direct Managed Contract Managed YES: The OCHE recommended TCHC proceed with an L1 Eviction for Arrears Application at the LTB NO: The OCHE addressed the arrears, resolving the need to proceed with eviction at the LTB, or the OCHE identified reasons for the file not to proceed to the LTB NR: Not Required. The OCHE identified reasons why an L1 Eviction for Arrears Application was no longer required (i.e. resident abandoned unit, deceased, provided Notice to Vacate, etc.). 18

19 The OCHE was able to stabilize housing and avoid evictions in 85% (34/40) 13 of files completed during the reporting period. This resolution level is higher than the 78% (67/86) achieved in Q The OCHE will continue to monitor the resolution rate going forward in an effort to identify any potential trends impacting this statistic. Of the 6 arrears files the OCHE recommended TCHC proceed with an Eviction Application: The goal of the OCHE s process in reviewing arrears files is to strengthening eviction prevention by ensuring procedural fairness is observed and that evictions for arrears are pursued as a last resort. In circumstances where the OCHE s review identifies no procedural deficiencies, and where the OCHE is unable to resolve the issues with the Resident, the OCHE recommends TCHC proceed to the Landlord and Tenant Board. Below are the outcomes for the 6 arrears files in Q where the Commissioner recommended to TCHC that they proceed to the Landlord and Tenant Board: Proceeded to the LTB Numbers YES 5/6 NO 14 1/6 Where files proceed to the Landlord and Tenant Board on the recommendation of the Commissioner, TCHC updates the OCHE on the status and outcomes of the Eviction Applications. Outcome at the LTB Numbers Upcoming Hearing Dates 2/5 LTB Mediated Repayment Agreements 1/5 Eviction Orders (not yet enforced) 2/5 Vacated or Evicted after Eviction Order 0/5 13 The OCHE removed the 1 file (footnote 12), plus 1 additional resident that vacated for a Long-Term Care Home. 14 TCHC has confirmed it is proceeding with the application to the LTB, and the delay was in error. 19

20 OCHE Resolution Types The OCHE works with TCHC staff and residents to come up with solutions for the arrears and resolve the need for an Eviction Application. In many cases, more than one type of resolution is required to stabilize housing and avoid evictions for arrears. The instances of the OCHE s various resolution methods are described in the following pages. Types of Arrears File Resolutions Repayment Agreement (18) LoS Reversed or Resolved (5) Rent and/or Arrears Recalculation (3) Arrears Paid by OW/Resident (4) 12 Housing Stabilization Fund (12) Voluntary Trustee (3) Social Assistance/Pension Applications (4) Update Household Composition (2) TOP 4 Resolution Types 1. OCHE brokering Local Repayment Agreements 2. Accessing the Housing Stabilization Fund, resulting in direct payments to TCHC 3. Reversing/Resolving the Underlying Loss of Rent-Geared-to-Income subsidy Resident paying outstanding arrears directly to TCHC 15 Loss of Subsidies are reversed in cases where the OCHE s review identifies serious procedural or legislative breaches, and are resolved in cases where the OCHE is able to obtain the necessary information/documents, etc., to rectify the reasons for the initial Loss of Subsidy (most often this involves income verification documents). 20

21 Arrears with Underlying Loss of Subsidy: The OCHE resolved the underlying Loss of Subsidy in 78% (7/9) of arrears files during the reporting period. The resolution of underlying subsidies assists Residents, by ensuring that only true arrears owing for non-payment of rent are being sought. It also benefits TCHC, as in some cases it resolves the arrears completely, thus alleviating the need to proceed with an Eviction Application, along with accompanying staff time and costs. Lastly, this benefits the City, as it avoids the potential for Requests for Review to the City of Toronto RGI Review Body. Local Repayment Agreements and Direct Payments: The OCHE was able to secure direct payment to TCHC for arrears (lump sums paid directly by the household or via the City s Housing Stabilization Fund, OW Shelter Fund, etc.) in 35% (14/40) of resolved arrears files this quarter. These direct arrears payments to TCHC totalled $15,567 this quarter. Direct Payment Source Payment Amounts Resident/Family $1159 Housing Stabilization Fund $14,408 The % of resolved arrears files where OCHE brokered a Local Repayment Agreement during this reporting period was 54.5% (18/33). o These Local Repayment Agreements cover $80,201 in total arrears. 16 The OCHE assisted TCHC in avoiding $151,232 in eviction related costs 17 this quarter. The total value of direct arrears recovery, arrears repayment agreements brokered and eviction cost avoidance was $247,000 in Q Where the LRA included payments from the Housing Stabilization Fund, these amounts have been removed from the LRA amounts and captured separately under direct payments to TCHC. 17 The average cost of eviction was estimated by TCHC in 2013 to be $4,448. This amount comprises filing fees, unit turnover, vacancy loss and staff costs. 18 This amount works from the assumption that the terms of the Local Repayment Agreements brokered will be met, and that these stabilized tenancies will continue to be successful. 21

22 The OCHE continues to observe no direct correlation between the $ amount of arrears and the OCHE s ability to avoid evictions. o Despite the absence of a direct correlation in the OCHE s ability to avoid evictions, the OCHE continues to strongly endorse the principle of early intervention and resolution of arrears as a best practice. Early Intervention supports a minimal impact in the collection of rent necessary for TCHC s operations, ensures shorter repayment agreements, and avoids teaching residents that delayed/non-payment of rent is perceived as acceptable by TCHC. Delays in pursuing non-payment of rent may also impact TCHC s ability to ultimately collect on the money owing. OCHE Brokered Local Repayment Agreements The OCHE brokered 18 Local Repayment Agreements this quarter. The details of the OCHE brokered Local Repayment Agreements are as follows: $22,607 over 151 Months $4,455 over 46 Months $2,994 over 42 Months $445 over 9 Months High Average Median Low The OCHE brokered Local Repayment Agreements covering $80,201 in total arrears. Average length of the OCHE brokered Local Repayment Agreements = 46 months, an increase from the average of 33.5 months last quarter. Average repayment amount for the OCHE brokered Local Repayment Agreements = $91.50 per month, a decrease from the average of $104 per month last quarter. 22

23 OCHE Report and Recommendations Timing The OCHE completes its review, resolution efforts, and resulting report and recommendations, within 45 Business Days of receiving a referral from TCHC, unless the OCHE identifies exceptional circumstances or a level of complexity warranting additional time. The OCHE has determined that it takes an average of approximately 1.5 times longer to resolve the arrears files for vulnerable residents. Number of Files OCHE Report Timing Q (88%) 2015 Totals (47.5%) The percentage of files the OCHE reported on within 45 business days improved greatly with the implementation of the new Terms of Reference, as anticipated by the OCHE and reported previously. Those files referred to the OCHE under the revised Terms of Reference, were completed on time 97% of the time in Q Within Timeline Past Timeline 23

24 Main Audit Findings - Arrears Collection Process In total, the OCHE found errors with the application of TCHC s Arrears Collection Process ( ACP ) in 40/42 of the arrears files completed during this quarter, and made Case Specific Recommendations and General Recommendations to TCHC in response. A selection of the most frequent ACP errors identified by the OCHE during this quarter included: Delay in the service of the N4 to residents in arrears o These delays are serious as it undermines the focus on early intervention which is a core principle of TCHC s Arrears Collection Process. These delays often result in the increase in arrears, with negative implications for both TCHC and the residents. It also creates learned behaviour amongst our residents, where the non-payment of rent is perceived as acceptable by TCHC. Errors or Delay in direct contact attempts o Direct contact with residents is the most effective way to resolve arrears and identify potential underlying issues that may have led to the arrears. Errors or delays in making direct contact attempts, contributes to the increase of arrears with the resulting consequences for TCHC and our residents. Non-adherence with TCHC s Documentation Standards/Errors with Local Repayment Agreements o TCHC has developed Documentation Standards that staff are expected to comply with. When these standards are not met, it impacts the organizations record of what has occurred with a specific resident, along with staff s ability to respond. Non adherence to the Documentation Standards also act as a barrier in the OCHE s effective review of files. Delay in referral to the OCHE o These delays often result in the increase in arrears, with negative implications for both TCHC and the residents. The OCHE s review is a required step before a matter can proceed to the LTB. As a result, delays in referring to the OCHE ultimately delays the resolution of the arrears, or the ability of TCHC to pursue a necessary eviction application. Multiple N4s o TCHC is only required to serve 1 valid N4 on a Resident before proceeding with an eviction application to the Landlord and Tenant Board. Serving multiple N4s where there are no issues with its validity is not a best practice and can lead to confusion on the part of the Resident. 24

25 PART 3: BREACHED REPAYMENT AGREEMENTS 25

26 Q Breached OCHE Brokered Agreements: A total of 16 Breached OCHE Brokered Agreement referrals were reported on during this quarter. The OCHE reviews all Breached OCHE Brokered Agreement referrals to determine if a breach has occurred, and if so, whether there are exceptional circumstances 19 warranting additional resolution efforts. If exceptional circumstances are not found, the file is returned to TCHC with recommendations. All other files are examined by the OCHE and attempts to resolve the breach are made. Of the 16 Breached OCHE Brokered Agreement referrals reported on: 2 files caught up with the terms of their Local 16 Repayment Agreement 14 1 file - was found to have no exceptional 12 circumstances and the Commissioner 10 recommended TCHC proceed to the Landlord 8 and Tenant Board files - exceptional circumstances were found 4 2 and the OCHE brokered revised Local 1 0 Repayment Agreements, and made referrals to YES LTB NO LTB address the exceptional circumstances where feasible. YES LTB NO LTB 1 file - exceptional circumstances were found, and it was referred to the Office of the Public Guardian and Trustee for a capacity investigation 1 file the Residents family assisted in paying off all the outstanding arrears For the 1 Breached OCHE Brokered Local Repayment Agreement households that the Commissioner recommended proceeding to the LTB: Outcome Number Eviction Order 1 No Eviction Order 0 Outcomes for Breached LRAs Reviewed by the OCHE At this point the OCHE is not certain whether the Commissioner s recommendations in the initial reports are being followed in all files, or the impact not following the recommendations may have on the success of the initial LRA. The OCHE will monitor this closely going forward, and report back on these outcomes in future quarterly reports. 19 The OCHE considers whether something unforeseen has occurred which materially affected the Residents ability to comply with the original Local Repayment Agreement 26

27 PART 4: LOSS OF SUBSIDY 27

28 Loss of Subsidy Reviews The OCHE audits all instances where seniors or vulnerable residents living in TCHC have had their Rent-Geared-to-Income ( RGI ) subsidy revoked. Each month TCHC provides a list of all such residents to the OCHE. The OCHE conducts an audit on TCHC s computer systems to review compliance with the applicable Legislation 20, City Guidelines 21 and applicable TCHC Policies. Within 30 calendar days of referral, the OCHE completes its audit and delivers to TCHC the resulting audit data, a report outlining TCHC s performance for the month and statistical comparison to past results, and specific and general recommendations to address any deficiencies or errors uncovered during the audit. TCHC uses the information from the OCHE to provide direction to its front-line staff on the necessary actions to be taken, and reports back to the OCHE approximately 1-month later with a status update on the audited files. Direct Managed Loss of Subsidy Referrals 20 The Residential Tenancies Act, 2006; and the Housing Services Act, The City of Toronto s Rent-Geared-to-Income (RGI) Administration Manual 28

29 The OCHE received an average of 32.6 Loss of Subsidy referrals per month from Direct Managed properties during this reporting period, a decrease from 40.5 last quarter. o 28.6 of the monthly Loss of Subsidy referrals from Direct Managed properties were for senior residents, which is decrease from 35.5 last quarter. o 4 of the monthly Loss of Subsidy referrals from Direct Managed properties were for vulnerable residents, which is a decrease from 5 last quarter, and still remains very low. The OCHE has identified specific challenges with TCHC s File Management System as it relates to the identification of Vulnerable Residents who are at risk of losing their RGI subsidy. From the Commissioner s perspective, there are likely unidentified vulnerable residents who experience a Loss of Subsidy who would benefit from the OCHE s Loss of Subsidy audit process. Contract Managed Loss of Subsidy Referrals TCHC began referring the OCHE Loss of Subsidy files from Contract Managed properties for senior residents in October The OCHE began receiving Loss of Subsidy files from Contract Managed properties for vulnerable residents in August Please note that no vulnerable files were referred to the OCHE from Contract Managed properties in Q The monthly referral rates are identified below. Feb, 16 29

30 The OCHE saw a significant reduction in the number of Contract Managed Loss of Subsidy referrals, with an average of 2 files per month, down from 7.6 in Q4. The OCHE will monitor this statistic carefully in subsequent quarters to determine whether there are observable trends or factors impacting the referrals levels from Contract Managed Properties. Types of Loss of Subsidy Files Reviewed by the OCHE The majority of the files that the OCHE audited are related to the Annual Rent Review process, and overwhelmingly related to the non-return of Annual Rent Reviews by TCHC s deadline. LoS Files Reviewed by the OCHE Senior Residents Direct Managed Other Types26 8% LoS Files Reviewed by the OCHE Vulnerable Residents Direct Managed Other Types 8% Annual Review 92% Annual Review 92% Other Types of Loss of Subsidy include: Family Composition Change Not Reported within 30 Days, Failure to Obtain Income, Paying Market Rent for 12 Months due to Income Too High, Absence from Unit for 90 Days, Misrepresentation, Income Increase Not Reported in 30 Days, Overhoused: Centralized Wait List, Overhoused Refused 3 Offers. 30

31 Major Audit Findings: Delivery of Loss of Subsidy Notice of Decision The overall monthly average for legislative compliance with the delivery of a Notice of Decision and resulting Rent Increase 23 was 82.5%. This is consistent with the 83% observed last quarter. o The overall monthly average legislative compliance rate for Direct Managed Loss of Subsidy files for senior residents was 81%. o The overall monthly average legislative compliance rate for Direct Managed Loss of Subsidy files for vulnerable residents was 100%. o The overall monthly average legislative compliance rate for Contract Managed Loss of Subsidy files for senior residents was 67%. o There were no vulnerable residents referred from Contract Managed properties this quarter. Documentation in TCHC s Systems to Support Reason for Loss of Subsidy For those files where the subsidy was lost due to missing documents, 64% of those files recorded the specific missing documents on TCHC s systems, higher than the 50% observed last quarter. Direct Contact Attempts Required before Loss of Subsidy Notice is Delivered 24 TCHC recorded reasonable efforts 25 or successful direct contact with the resident before sending a Loss of Subsidy Notice of Decision in 38% of cases, slightly higher than with the 36.5% observed last quarter. 23 The Residential Tenancies Act, 2006, requires Landlords to give 90 days-notice of any rent increase, plus an additional 5 days for receipt by mail. The OCHE confirms when these Notices of Decision would need to be delivered, along with the corresponding Notice of Rent Increase, to be legally valid and audits compliance by TCHC. 24 When an RGI subsidy is being revoked for failure to submit the annual rent review package, the RGI Administration Manual requires that housing providers try to contact the household in person to see if they can provide the documents before issuing a Notice of Decision Loss of Eligibility for RGI Assistance form. The current local rules became effective in August City of Toronto, RGI Administration Manual, Chapter 7 (August 2014), p The City of Toronto s RGI Administration Manual directs that RGI Administrators should exercise the utmost care in making a decision to revoke an RGI subsidy for not providing documents. The guide states that an RGI Administrator is to Make sure that you have met face to face with members of a household, or have discussed getting the documents with family members or support agency staff (with the household s consent). If all efforts to 31

32 Delivery of Reminder Letters in Accordance with TCHC Policy TCHC requires that Residents facing certain types of Loss of Subsidy be sent a reminder letter 30 days in advance of the Loss of Susbidy taking effect, after which the household is charged Market Rent. These reminder letters serve to assist Residents and TCHC in potentially resolving these Loss of Subsidies before they take effect. For those files where TCHC requires that a reminder letter be sent 30 days before the Loss of Subsidy becomes effective, the OCHE observed letters not having been sent on time in 93% of files this quarter, with a total of 92% having no record of any letter being sent at all. Timing of Loss of Subsidy Reports 100% of the OCHE s Reports on Loss of Subsidy have been delivered to TCHC Asset Management within 30 calendar days of receipt of referrals. get the documents fail, then proceed to issue a notice that the household is losing eligibility for RGI assistance. For the purpose of the OCHE s audit, in addition to the Annual Review package, the OCHE looks for 2 or more attempts at direct contact made by at least 2 different methods. This is in addition to TCHC s policy that requires a reminder letter be sent 30 days prior to the Effective Date for most Loss of Subsidies. 32

33 Part 5: Selected Case Studies 33

34 Case Study 1 A 43 year old Resident was identified as vulnerable and referred to the OCHE facing the risk of eviction for arrears of rent. The Resident was an Ontario Works ( OW ) recipient who lost his Rent Geared to Income ( RGI ) subsidy for failing to complete his Annual Rent Review, which increased his monthly rent from $115 to $899 per month. The Resident s arrears began in September 2012, and when the Resident was referred to the OCHE in January 2016, the arrears totaled $4096. The Resident had set up Preauthorized Payment ( PAP ) for his monthly rent, but it had been returned multiple times due to Non- Sufficient Funds ( NSF ), resulting in additional fees being charged by both the bank and TCHC. TCHC attempted to collect the arrears through a Local Repayment Agreement, but the Resident s difficulties in paying the monthly rent was mirrored in his inability to pay back the arrears. After the Resident was referred to the OCHE, the ERO met with him at his home and assisted him in completing his AR form and obtained consent to speak to OW to collect the additional documentation necessary to resolve the Loss of Subsidy. When speaking with OW, the ERO was advised the Resident had previously lost his OW benefits for not attending his regular meetings with his Caseworker, but it was later identified he had been incarcerated at the time. This period of incarceration may also explain some of the delays with TCHC and difficulties engaging with the Resident prior to referral to the OCHE. OW had since reinstated his benefits, but confirmed his benefits were at risk again for failure to attend his regular meetings in order to demonstrate his efforts to obtain employment. The ERO supported the Resident by arranging for a meeting with OW, where the Resident agreed to a Vocational Assessment so OW could determine whether he may be better supported through an application for the Ontario Disability Support Program. The ERO was also able to obtain the documentation necessary for TCHC to reinstate his RGI subsidy, reducing the arrears from $4096 to $1730. The ERO further assisted the Resident by applying to the Housing Stabilization Fund ( HSF ). OW expressed frustration at not knowing the Resident was in arrears and that they had been accumulating for so long. The Supervisor agreed to begin paying the rent directly to TCHC each month and to pay off the arrears through the HSF, resulting in an arrears balance of zero. The Supervisor identified that had OW been aware of the problem earlier, the payout could have been smaller, leaving more money in the HSF for other tenants at risk. The Commissioner recommended that TCHC, with the Resident s consent, remain in contact with OW so that income verification could be obtained on behalf of the Resident in the future, and to ensure arrears do not accumulate. The Commissioner further recommended that PAP s be stopped when they are returned NSF, rather than allowing multiple NSF charges to accumulate over several months. 34

35 Lastly, the Commissioner recommended that when working with residents who receive OW, TCHC should attempt to access the HSF rather than enter Local Repayment Agreements, as the monthly benefits from OW are so low that any repayment amount will be challenging for residents to pay in addition to their rent. Case Study 2 A 59-year old Senior Resident was referred to the OCHE facing the risk of eviction for arrears of rent. The Resident was living alone in a 2-bedroom Market Rent unit downtown after her cotenant vacated several years prior, resulting in her being solely responsible for the $1255 monthly rent, plus hydro. The Resident s arrears accumulated over the course of a 7 month period in 2013 when she lost her job. Since that time the Resident had found employment in the west end of the City and was largely successful in making her monthly rent payments, but the combination of the highrent for her 2 bedroom unit, increasing hydro costs, and transportation expenses for work, made it difficult for her to address the outstanding arrears. The presence of ongoing arrears also limited her options to move. When the file was referred to the OCHE in January 2016, the Resident s arrears totalled $8, To facilitate a Reasonable Local Repayment Agreement ( LRA ), the OCHE developed a plan in cooperation with TCHC Asset Management to move the Resident to a single bedroom TCHC Market Rent unit, with a lower monthly rent (inclusive of hydro), and located in the west end of the City (closer to her work). This resolution allowed the Resident to sign a LRA at a monthly repayment amount of $200, securing the repayment of the arrears in a significantly shorter period of time than otherwise would have been feasible for this Resident. By entering into a Local Repayment Agreement, the Resident was also able to make any application to the RGI Housing waitlist. The Resident s application was successfully processed, and back-dated by Housing Connections to the date she first moved into her Market Rent unit with TCHC. The OCHE worked closely with various levels of TCHC Asset Management staff to facilitate this unique resolution, which not only provided the Resident with a sustainable housing solution, but also allowed TCHC to fill a vacant market rent unit, free up a high-demand downtown unit, and secure the arrears repayment over a shorter period of time than otherwise would have been feasible. This case highlights the creative and sustainable results that can be achieved when the OCHE and TCHC work co-operatively to help residents maintain their housing. 35

36 Case Study 3 A 38-year old Resident was identified as vulnerable and was referred to the OCHE facing the risk of eviction for arrears of rent. The Resident was in receipt of Ontario Disability Support Program ( ODSP ) benefits, and was being charged rent at the Rent Geared to Income ( RGI ) rate of $ The Resident s arrears began in March 2013, and when he was referred to the OCHE in January 2016 the arrears totaled $ The ERO s review of the file identified delays by staff in attempting to contact the Resident to address the arrears, as well as multiple legal notices (N4s) being sent without the required follow-up action taken by staff. After receiving the file, the ERO met with the Resident at his home where he explained that he had spoken to his ODSP Caseworker about assistance with his arrears, but complications arose when he was not able to provide the documentation requested by his worker. The ERO offered to speak to his ODSP Caseworker on his behalf, and the Resident provided the ERO with his consent and the contact information for his worker. The ERO completed the Housing Stabilization Fund ( HSF ) request for the Resident s ODSP caseworker, and worked with the Resident to obtain the documents required for the HSF application to be processed. The Resident advised the ERO that his earlier challenges arose when he could not access a printer or fax machine to deliver the documents requested by ODSP. The ERO was able to provide the assistance the Resident required to deliver the documents to ODSP by accepting the documentation by and faxing them on his behalf to ODSP. The Resident s HSF application was approved, resulting in an arrears balance of zero, thus maintaining his tenancy and avoiding the need for an Eviction Application to the Landlord and Tenant Board. The Commissioner recommended that TCHC not consider this Resident s rent late until the end of the month, because as with all ODSP recipients, payments are made to TCHC at the end of the month for the month that just passed. The Commissioner further recommended that TCHC be reminded of the timelines in the Arrears Collection Process to better facilitate the early resolution of rental arrears, and when necessary, the referral to the OCHE. 36