Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: Susan Miller v. Toronto Community Housing Corporation and Toronto Community Housing Corporation RGI Review Body, 2022 ONSC 2092
File Number: 444/19
Hearing Date
Mar 2022
Order Date
Apr 4, 2022
The court granted the application for judicial review, set aside the Review Body's decisions from February 15, 2019 and April 12, 2019, and ordered that the tenant's request for review and recalculation of RGI subsidy from 2010 through 2017 be returned to the Respondents for reconsideration by a different decision maker.
Tenant sought judicial review of two decisions by the Toronto Community Housing Corporation RGI Review Body regarding rent calculations and eligibility for rent-geared-to-income assistance dating back to 2010. The tenant argued that her rent should have been calculated based on her actual income rather than her employment letter, due to frequent absences from work to care for her disabled child.
The Review Body argued that there was a hard 12-month cap for reviews, even in exceptional circumstances, and that the tenant's request was beyond this deadline.
TCHC filed an application with the Landlord and Tenant Board in 2010 to terminate the tenancy for non-payment of rent, but the matter was resolved without eviction. Between 2012 and 2015, the tenant negotiated four mediated agreements with TCHC related to outstanding rent arrears.
The Review Body failed to properly consider whether the tenant's circumstances qualified as exceptional, which could have allowed for a review beyond the standard 12-month limit.
Tenant argued that her rent should be calculated based on her actual income as shown on Notices of Assessment, rather than her employment letter, due to frequent absences from work to care for her disabled child.
Tenant has been struggling to pay rent since her youngest child was born in 2010. The child has a disability that significantly impacts the tenant's availability for employment, causing her to miss work and have reduced income.
Tenant submitted late requests for review of rent calculations, citing her child's condition and her role as sole caretaker as reasons for the delay.
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