NEW LTB Form for Separate Electrical Metering - effective January 1, 2011

Click here for the form required by the Landlord and Tenant Board for use in ALL cases where you are leasing to a prospective residential tenant and where the rental unit has a separate electrical meter and where the tenant will be billed separately for electricity.

 

The new legislation takes effect January 1 and the use of the Forms, from that time forward, is mandatory.

FRPO BULLETIN - Suite Metering Update - December 23, 2010

 

With the new Energy Consumer Protection Act taking effect on January 1, 2011, FRPO has been getting two main questions.  This bulletin speaks to the two most common questions we are getting: 1) utilities not providing information; and 2) availability of LTB suite-meter forms.  It also informs members about new requirements related to fridges in all suite-metered units.  This information was covered in much more detail in FRPO’s recent seminar and webinar.

 

Information for Prospective Tenants - Utilities Not Providing Information As Required

 

Beginning January 1, all landlords who have units where the tenant pays electricity (suite-meterd units) must provide information to prospective tenants.  In particular, the landlord must provide “the most recent information available to the landlord”… “concerning electricity consumption in the rental unit”.  An excerpt with this full new legislative requirement is shown in a section below. 

FRPO has been told that some utilities will not provide this information.  Most of these utilities cite privacy concerns.  FRPO has brought problem this to the attention of the Ministry of Energy, the Ontario Energy Board, and the Ministry of Municipal Affairs and Housing.  Since bringing it to their attention, FRPO has been informed by all three that it is the OEB’s responsibility to ensure that utilities comply with the new law.  The OEB told FRPO in November that it was educating utilities across the province on their new legislative obligation.

The utilities are obligated to provide you with this information within 10 days of a request.  Below is an excerpt from Ontario Regulation 389-10 outlining the legal obligation of utilities in this respect.

If the utility will not provide you with this information, then you are not obligated to provide any information to prospective tenants.  The legislation is quite clear: you are only obligated to provide “the most recent information available to the landlord”.  If it is not available, you cannot provide it.

FRPO urges caution in trying to manufacture something in an attempt to provide information: you may incur more liability by trying to do this than by providing no information.  It is the government’s job to make sure that utilities comply with the legislation.  It is not the job of the rental housing provider to try and suddenly pretend you are a utility.

 

Fridge Information for Prospective Tenants

 

Under Ontario regulation 394/10, “If the landlord provides a refrigerator for the rental unit, the prospective tenant must be given the best information that is available to the landlord about the date of manufacture of the refrigerator and any available information about the energy efficiency of the refrigerator”  [O. Reg. 394/10, s. 8 (3)].  This requirement applies on January 1, 2011 to all rental providers who have tenants who pay for their electricity.

 

Fridge Efficiency Requirements for all Suite-meterd Units

 

All suite-metered units in the province face new energy efficiently requirements.  O. Reg 384/10 requires that fridges built before 1994 in suite-metered units must be replaced by January 1, 2013.  Section 10 of the regulation is shown below.

O.Reg 394/10

10.  (1)  The rules set out in this section apply with respect to the landlord’s duties under subsection 137 (9) of the Act respecting electricity conservation and efficiency.  O. Reg. 394/10, s. 10 (1).

 

(2) If the landlord provides a refrigerator for a rental unit, the refrigerator must be one that is manufactured on or after January 1, 1994.  O. Reg. 394/10, s. 10 (2).

 

(3) If the landlord replaces a refrigerator in a rental unit, the replacement refrigerator must be one that is manufactured on or after December 31, 2002.  O. Reg. 394/10, s. 10 (3).

 

(4) If, on October 13, 2010, the tenant is being billed by the distributor or suite meter provider for electricity use in a rental unit, the rule set out in subsection (2) does not apply with respect to the rental unit until two years after the date on which subsection 137 (9) of the Act comes into force.  O. Reg. 394/10, s. 10 (4).

 

 

LTB Forms Available December 24, 2010

 

The Landlord and Tenant Board (LTB) has informed FRPO that forms related to the new suite metering rules will be available on their website on December 24^th, 2010.

 

The expected forms include:

 

1)     Information for prospective tenants form

2)     Tenant consent form for suite-metering (for when you want to convert a sitting tenant from bulk metering to suite metering

3)     Rent reduction schedules (for each of the different rent reduction options)

4)     Notice to terminate the obligation to supply electricity

 

 

APPENDIXES TO THE BULLETIN

 

 

Residential Tenancies Act Section 137 (7): Information Requirements for Prospective Tenants

 

Information for prospective tenants

      (7)  Except under the prescribed circumstances, if a suite meter is installed in respect of a rental unit, the landlord shall, before entering into a tenancy agreement with a prospective tenant for the unit, provide the prospective tenant with the following information in the form approved by the Board:

 

           1.    The most recent information available to the landlord for the prescribed period from the suite meter provider concerning electricity consumption in the rental unit.

 

           2.    If the rental unit was vacant during any part of the period to which the information referred to in paragraph 1 applies, a statement of the period that the rental unit was vacant.

 

           3.    Such other information as is prescribed.

 

 

Ontario Regulation 389-10 Excerpt: Information provision requirements for utilities (suite meter providers)

 

Information to be provided

   41.  (1)  Within 10 days after receiving a request from a residential landlord for any of the following, or within such other period of time as may be required by a code or order issued by the Board, a suite meter provider who provides suite metering in respect of a rental unit in the landlord’s residential complex shall provide the residential landlord with such of the following information as it relates to the rental unit as the landlord requests:

    1.  Contact information for the suite meter provider.

    2.  For the most recently completed 12-month period for which the following information is available to the suite meter provider:

            i.  the sum of all amounts charged, including applicable taxes but net of any late payment and one-time set-up charges, on all suite metering invoices for the rental unit for that 12-month period,

           ii.  the total amount of electricity consumed in the rental unit in kilowatt hours during that 12-month period,

          iii.          the sum of all amounts charged in respect of just the commodity price of the electricity on all suite metering invoices for the rental unit for that 12-month period. 

    3.  Information about all fees and charges imposed on the consumer in the rental unit by the suite meter provider.

    4.  In the case of a unit sub-meter provider, information about the circumstances in which the amount of fees and charges imposed on the consumer in the rental unit by the unit sub-meter provider may increase.

    5.  In the case of a unit sub-meter provider, information about any planned increases in the amount of fees or charges imposed on the consumer in the rental unit by the unit sub-meter provider.

    6.  In the case of a unit smart meter provider, a statement that the rates and other charges imposed on the consumer in the rental unit by the unit smart meter provider and any changes to these rates and charges are approved or fixed by the Board.

    7.  The suite meter provider’s security deposit policies applicable to the consumer in the rental unit.

    8.  The suite meter provider’s disconnection policies applicable to the consumer in the rental unit.  O. Reg. 389/10, s. 41 (1).

   (2)  A unit sub-meter provider shall include with its first invoice to a consumer, in a clearly legible typeface having a font size of at least 12,

   (a)  detailed information about all applicable fees and charges imposed by the unit sub-meter provider; or

   (b)  information that there are regular recurring fees and charges imposed by the unit sub-meter provider and the address of the website on which detailed information about the fees and charges may be obtained.  O. Reg. 389/10, s. 41 (2).

   (3)  A unit sub-meter provider who provides suite metering in respect of a unit in a multi-unit complex shall, in accordance with subsection (4), notify a consumer,

   (a)  about all changes in the fees or charges to be imposed on the consumer in the unit by the unit sub-meter provider and provide information on the amount of the fees and charges before the change and after the change;

   (b)  about all changes in the commodity price and provide information on the commodity price charged before and after the change;

   (c)  about any change in the person who sells electricity to the owner or other person in charge of the multi-unit complex and information on the current person who sells electricity and the new person; and

   (d)  about the date when a change referred to in clause (a), (b) or (c) is scheduled to take effect.  O. Reg. 389/10, s. 41 (3).

   (4)  Information required by subsection (3) to be provided to a consumer must be printed in a clearly legible typeface having a font size of at least 12 and included on the front page of, or as a separate insert with, the first invoice issued to the consumer following the earlier of,

   (a)  the announcement of the change; and

   (b)  the day that the change takes effect.  O. Reg. 389/10, s. 41 (4).

   (5)  A suite meter provider who provides suite metering in respect of a multi-unit complex shall provide such other information in such form and manner to consumers or such other persons as may be required in an order or code issued by the Board.  O. Reg. 389/10, s. 41 (5).

   (6)  In this section,

“commodity price” means the commodity price for electricity referred to in section 2 of Ontario Regulation 275/04 (Information on Invoices to Low-Volume Consumers of Electricity) made under the Ontario Energy Board Act, 1998.  O. Reg. 389/10, s. 41 (6).

 

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Note: The Following Was released October 5 2009 and is Provided by the Ontario Human Rights Commission from www.ohrc.on.ca

Human rights in housing – an overview for landlords

Housing is a human right

International law says that people in Canada should be able to get good housing that they can afford. To help achieve this in Ontario, tenants and landlords (or housing providers) have rights and responsibilities under the Human Rights Code.

Under the Code, everyone has the right to equal treatment in housing without discrimination and harassment. As a landlord, you are responsible for making sure the housing you operate is free from discrimination and harassment.

People cannot be refused an apartment, bothered by a landlord or other tenants, or otherwise treated unfairly because of their:

·         race, colour or ethnic background

·         religious beliefs or practices

·         ancestry, including people of Aboriginal descent

·         place of origin

·         citizenship, including refugee status

·         sex (including pregnancy and gender identity)

·         family status

·         marital status, including people with a same-sex partner

·         disability

·         sexual orientation

·         age, including people who are 16 or 17 years old and no longer living with their parents

·         receipt of public assistance.

People are also protected if they face discrimination because of being a friend or relative of someone identified above.

Where do housing rights apply?

The right to equal treatment without discrimination applies when renting or buying a unit (for example, in a high rise apartment, condo, co-op or house). This right also applies to choosing or evicting tenants, occupancy rules and regulations, repairs, the use of related services and facilities, and the general enjoyment of the premises.

As a landlord or housing provider, you are one of the people responsible for making sure tenants’ human rights are respected. Government legislators, policy makers, planners and program designers, tribunals and courts must also make sure their activities, strategies and decisions address discrimination issues in housing.

Choosing tenants

The Code says what business practices are acceptable and what information you may ask for when choosing tenants:

·         Rental history, credit references and/or credit checks may be requested. A lack of rental or credit history should not be viewed negatively.

·         You can ask for income information, but you must also ask for and consider it together with any available information on rental history, credit references and credit checks (such as through Equifax Canada).

·         You can only consider income information on its own when no other information is made available.

·         You can only use income information to confirm the person has enough income to cover the rent. Unless you are providing subsidized housing, it is illegal to apply a rent-to-income ratio such as a 30% cut-off rule.

You can ask for a “guarantor” to sign the lease – but only if you have the same requirements for all tenants, not just for people identified by Code grounds, such as recent immigrants or people receiving social assistance.

Accommodating tenant needs

You have a legal duty to accommodate tenants (meet special needs they may have) if they have real needs, based on Code grounds. You must accommodate up to the point of undue hardship, based on cost, the availability of outside sources of funding, or health and safety concerns.

For example, for a tenant with a disability, you might need to make changes to a unit, a building entrance, sidewalks or parking areas.

Some tenants need changes to rules and practices to accommodate changing family situations or religious practices. Sometimes a tenant who is unwell or who disrupts others (either because of a disability or due to that person being the target of discrimination themselves) may need help. You should assess your role to see if there are things you can do as a landlord to help the situation.

You and your tenants share the responsibility for making the accommodation work. You must take an active role in the process and work with tenants in good faith to find the best solution. If your tenant provides you with medical or other personal information, you must keep it private.

Landlords must work with tenants to find and put in place the most appropriate accommodation as soon as possible. If this cannot be done without causing undue hardship, or if it will take a long time, you must provide interim or “next-best” accommodation.

Special programs and circumstances for housing

Under the Code, special programs are permitted to help a group of people who are disadvantaged based on Code grounds, as long as these programs meet the requirements the Code sets out. Examples would include setting up housing designed for older people, people with disabilities or university students with families. When the Code does not apply

The Code does not apply in the case of a disagreement or “personality conflict” with a landlord or another tenant unrelated to a Code ground, or if a tenant shares a bathroom or kitchen with the owner or the owner’s family.

You can advance human rights in housing

Housing providers can take a number of steps to prevent discrimination and harassment and address human rights in rental housing by developing:

·         anti-discrimination and anti-harassment policies

·         plans for reviewing and removing barriers

·         procedures for responding to accommodation requests

·         procedures for resolving disputes quickly and effectively

·         education and training programs.

It is important to make sure that organizational rules, policies, procedures, decision-making processes and culture do not create barriers, and do not cause discrimination. Areas where barriers could exist include wait-list and eligibility criteria, and occupancy rules including guest policies and bedroom requirements,

Follow some key human rights principles:

·         design inclusively – which means thinking about people’s possible accommodation needs before you design your building, set up your rules, etc., so that your housing does not cause new barriers

·         identify and remove existing barriers

·         maximize integration – which means setting up housing and programs that are inclusive, where everybody can take part

·         look at the needs of individuals. and consider the best possible solution

For more information on landlord and tenant rights and responsibilities in rental housing, see the Ontario Human Rights Commission’s Policy on Human Rights and Rental Housing. This policy and other OHRC information are available on-line at: www.ohrc.on.ca

WRAMA's STAND ON WATERLOO CITY LICENSING PROPOSAL

Municipal Licensing of Apartments up to Three units

 Higher Cost for Governments

Administering rental housing licensing will prove costly for municipal governments. Despite the hope for “cost-neutral” programs, costs of new regulatory schemes by governments invariably increase more than expected.  In additional to inspection costs, licensing also results in an increased administrative cost burden on the city.  A report prepared for the city of Milwaukee found that most licensing programs in other cities are “not financially self-sufficient”. Landlords will add a line on their lease showing actual license fees added to the rent. The tenant (voter) is aware of this charge and will expect results.

Higher Rents and Less Choice for Tenants

Any fees levied by the city will be passed on to tenants. (We have received a favourable legal opinion on this.) By making rental housing more costly, municipal licensing will have numerous negative consequences on the long-term supply of affordable housing. Waterloo already has a reputation as being anti-social housing.  Any new licensing fees will only result in higher rents for tenants, while most will receive no additional benefit from licensing. Given this extra layer of bureaucracy many rental properties such as single-family homes, condos, and duplexes will be taken off the market and become owner occupied. This limits choice and again drives up rent.

Is the city prepared to start building apartments ? 

Municipal Licensing Fails to Fix Bad Buildings and is Viewed as a Tax Grab

The vast majority of rental properties in Waterloo already meet a high standard for quality.  Properties that fail to meet adequate standards are best dealt with through targeted inspections and work orders by existing municipal property standard enforcement departments, or through application to the Landlord Tenant Board. A licensing program results in ineffective use of municipal resources inspecting buildings that already meet adequate maintenance standards. It charges a fee (punishes) well run properties to police the bad guys. This will not go unnoticed.

 Municipal Licensing Duplicates Existing Regulation

Rental housing providers are already heavily regulated by provincial legislation (the Residential Tenancies Act, 2006), while disputes between tenants and landlords are resolved by the Landlord Tenant Board. Additional regulation is enforced by the Ontario Building Code, the Ontario Fire Code and municipal property standard by-laws under the Municipal Code. With municipal licensing, landlord-tenant and disputes over issues such as maintenance will result in overlap and duplication between a provincial system and a municipal system.  Besides being inefficient and wasteful, this could create significant problems for tenants, who become uncertain as to who is regulating them, which sets of rules to apply, and who to complain to when there really is a legitimate problem.

Click here to view the City of Waterloo Rental Housing Licensing Review Terms of Reference