Subsidy By-Law #33

WOODSWORTH HOUSING CO-OPERATIVE, INC.

Subsidy By-law 33

Consolidating the Internal Housing Charge Supplement By-law (By-law No. 16, enacted September 16, 1986), the Subsidy By-law (By-law No. 33, enacted September 23, 1993), By-law 48, amending By-law 33, sections A6, Ay and B2.2, By-law No. 52, enacted February 29, 2000 and By-law 53 amending Subsidy By-law 33, enacted September 25, 2000.
Consolidated up to April 2010 and adopted by the members on September 30, 2010.

1. General

1.1 The Co-op’s purpose is to supply housing to its members. The Co-op will provide financial assistance to some of its members in the form of subsidies, as set out in this By-law. The Co-op will participate in a Government Subsidy Program (“Subsidy Program”). In addition, the Co-op will provide additional subsidies funded from an Internal Subsidy Fund (“Subsidy Fund”) in accordance with this By-law.

1.2 In order to offer assistance to those in greatest financial need, subsidies from both the Subsidy Program and the Subsidy Fund will be allocated as follows (assuming households meet the Subsidy Program income criteria for subsidy):

(a) Unconditional: Anyone needing a subsidy of at least $100. per month, provided subsidy resources are available, will be assigned a subsidy on a first come, first serve basis.

(b) Conditional: Anyone needing a subsidy of $50 to $99 may be offered a subsidy, on a first come, first served basis, if one is available, on the understanding that they may, upon being given 60 days notice, be bumped off the subsidy if another member applies who would need a subsidy of $100 or more.

1.3 Where a household is discovered to have falsely or erroneously declared its income, or failed to report a change in income, it shall be required to reimburse the Co-op for any subsidy obtained by it to which it was not entitled, based on the true figures, from the date when it received any excess subsidy. Any such required reimbursement shall be treated as arrears of housing charges until paid.

1.4 When the Board has passed a resolution terminating the occupancy rights of all Members of a household, subsidy to the household shall be ended as of the date that the Co-op regains possession of the unit.

1.5 When members allow a suboccupancy of their units, their entitlement to any housing charge subsidy shall cease when the suboccupancy starts.

1.6 Any matter relating to subsidies not dealt with in this By-law shall be determined by the Board, having regard to the Co-op's obligations under any agreements with the funding agency for the Subsidy Program. Where there is any conflict between this By-law and any other By-law of the Co-op or written agreement between the Co-op and any Member, the provisions of this By-law shall govern.

1.7 The Occupancy Guidelines of the Co-operative will govern household size for subsidy households in the same way as they govern household size in unsubsidized households, except as follows:

(a) A household is overhoused for subsidy if it has less than 1 person per bedroom.

(b) An overhoused household will be subsidized as though it were in the most expensive unit in which it would not be overhoused.

(c) When a household becomes overhoused, its subsidy will not change if it promptly applies for relocation to all unit types in which it will not be overhoused and accepts the first such unit offered by the Co-op. If a household is overhoused when this By-law is adopted, its subsidy will not change if within 9 months (before June 25, 2001) it applies for relocation to all unit types in which it will not be overhoused and accepts the first such unit offered by the Co-op after the 9 months. If a household is overhoused by virtue of being one person in a 3 or 4 bedroom unit, the household may relocate to a 2-bedroom apartment unit, but will still be considered overhoused.

(d) The normal relocation fee will not apply.

(e) If an overhoused household does not apply for relocation or does not accept the first unit offered, its subsidy will be adjusted as of two complete months after it became overhoused. If a household is overhoused when this By-law is adopted and does not apply for relocation or does not accept the first unit offered, its subsidy will be adjusted as of nine complete months after this By-law was adopted <after June 25, 2001>.

(f) The board is authorized to adopt a policy to provide to those members who relocate to a smaller unit assistance with the financial costs of the relocation. The board is authorized to exempt members from the strict application of this paragraph 1.7 where it would otherwise cause undue hardship.

1.8 All subsidy households, whether subsidized by the Subsidy Program or the Subsidy Fund, must submit income verification every six months.

2. Internal Subsidy Fund

2.1 Preamble

(a) In most respects, the Subsidy Fund will be administered following the guidelines that the Co-op uses in administering the Subsidy Program. These guidelines are currently outlined in the Non-Profit Housing Administration Manual of the Ministry of Municipal Affairs and Housing.

2.2 Principles

(a) The intent of the Subsidy Fund is to provide a subsidy to those members who are eligible for the Subsidy Program, but for whom there is no space in the Subsidy Program. Members who are granted a subsidy from the Subsidy Fund will be moved to the Subsidy Program as soon as possible.

(b) A subsidy from either the Subsidy Program or the Subsidy Fund may be terminated at any point (including retroactively) if a household or a member of the household has breached the terms of this By-law.

2.3. Administration

(a) This By-law will be administered by a staff person designated by the Board.

(b) Subsidies will be allocated in amounts determined in accordance with the provision of this By-law.

(c) All applications for subsidy will be considered in the strictest confidence.

(d) The Arrears Committee may make recommendations to the Board regarding special allocations from the Subsidy Fund, and the Board, after considering the status of the Subsidy Fund, may agree to the recommendation.

(e) The staff person shall ensure that the total subsidies from the Subsidy Fund allocated during the financial year shall not exceed the amount of the Subsidy Fund.

(f) The staff person shall report monthly to the Board regarding the Subsidy Fund, including:

i) the number of households receiving Internal Subsidy
ii) the monthly expenditures
iii) the amount left in the Subsidy Fund
iv) a projection of the allocations from the Subsidy Fund to the end of the financial year
v) the number on the waiting list.

(g) The Member's file will fully document the application for and any allocation of a subsidy.

(h) Subsidy allocations from the Subsidy Fund will be made by the staff person and approved by the Treasurer.

2.4 Criteria for Eligibility

(a) Applicants must:

i) be members of the Co-op for a minimum of 6 months;
ii) be eligible for the Subsidy Program AND a subsidy from the Subsidy Program is not available. (It is understood that the applicant will be moved over to the Subsidy Program from the Subsidy Fund as soon as possible.)
iii) meet the criteria of the Occupancy Guidelines, as set out in this By-law.

2.5 Application

(a) Applicants must submit a completed application for housing charge assistance form and provide income verification, in the same manner as applicants for the Subsidy Program must.

(b) The application will be reviewed, and written notice of the decision will be delivered to the applicant within 30 days of receipt by the office.

2.6 Appeal Procedure

(a) The applicant may, in the case of a rejection, appeal in writing to the Board of Directors for a final decision. Such an appeal must be made within one month of the date of the rejection letter.

2.7 Calculation of Subsidy

(a) Subsidies from the Subsidy Fund will be calculated in accordance with the procedures used for the Subsidy Program.

2.8 Waiting List

(a) If a member applies for a subsidy from the Subsidy Fund and there are no funds available, or the staff person responsible believes that adding this member will jeopardize the amount of money available for those already being subsidized, the member will be placed on a waiting list.

(b) Priority for allocation of the Subsidy Fund shall be based on the date of initial receipt of application.

(c) The list will be updated at least annually to verify that those members on the list are still interested in applying for the Subsidy Fund.

2.9 Calculation of the Subsidy Fund

(a) The amount of money available for the Subsidy Fund each financial year will be:

i) any amount budgeted in the annual Operating Budget; and
ii) the amount of interest earned on the Internal Subsidy Reserve in the previous financial year.

Consolidated up to April 2010 and adopted by the members on September 30, 2010.