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Residential Tenancies Act: Briefing Book - Michael Walker

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<strong>Residential</strong> <strong>Tenancies</strong> <strong>Act</strong>, 2007<br />

B R I E F I N G B O O K<br />

Overview of the <strong>Residential</strong> <strong>Tenancies</strong> <strong>Act</strong><br />

RENT REDUCTIONS DUE TO MUNICIPAL TAX DECREASES<br />

Automatic Rent Reductions due to municipal tax decreases (RTA sections 131-133)<br />

� The RTA allows residential tenants to automatically reduce their rents when the rental<br />

residential building in which they live has experienced a property tax decrease of<br />

more than 2.49 per cent between the two prior consecutive years. The law requires<br />

municipalities to provide notices to landlords and tenants if their buildings are subject<br />

to an automatic rent reduction. The notices must be sent if there are more than six<br />

rental residential units in a building (i.e. multi-residential rental properties). In 2001,<br />

Council adopted a policy that the notice must also be sent to buildings with six or<br />

fewer units (i.e. residential rental properties), to ensure that tenants in smaller rental<br />

buildings have the same opportunity as tenants in multi-unit buildings to<br />

automatically reduce their rents.<br />

� The notices must be sent to landlords by September 15 and to tenants by December<br />

15 each year. Tenants who are eligible for automatic rent reductions can reduce their<br />

rent effective December 31 of the year they receive the notice. Generally the<br />

reduction is applied beginning with the January rent payment.<br />

Amount of Rent Reduction<br />

� The amount of the rent reduction for multi-residential class properties (i.e. properties<br />

with more than 6 units) is equal to 20 per cent of the percentage tax reduction. For<br />

example, if property taxes were reduced by 10 per cent, the tenant would be permitted<br />

to reduce their rent by 2 per cent (10 per cent x 20 per cent = 2 per cent).<br />

� The amount of automatic rent reduction for residential class properties (i.e. properties<br />

with 6 units or less) is equal to 15 per cent of the tax decrease percentage.<br />

� The 20 per cent and 15 per cent figures are set by the RTA regulations, and cannot be<br />

changed by the City.<br />

The City’s role in notifying landlords and tenants<br />

� The program notifying landlords and tenants of automatic rent reductions is jointly<br />

implemented by the Revenue Services Division (RSD) and the Shelter, Support and<br />

Housing Administration Division (SSHA). RSD manages the property tax database<br />

and calculates the rent reduction amount, while SSHA develops communication<br />

materials and resources, and manages the budget for the program.<br />

� The City funds a tenant hotline operated by the Federation of Metro Tenants’<br />

Associations (the FMTA) to respond to tenant inquiries on all matters concerning<br />

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