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WHEREAS the County of Renfrew is the provincially designated delivery agent under O.Reg. 136/98 of the Ontario Works Act, 1997, S.O. 1997, c.25 Schedule A and the provincially designated service manager under O.Reg 638/00 of the Social Housing Reform Act, 2000, S.O. 2000, c.27; or the Housing Services Act, 2011, O.Reg. 367/11;
AND WHEREAS subsection 110(1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended, allows municipalities to enter into agreements for the provision of municipal capital facilities by any person;
AND WHEREAS Ontario Regulation 46/94 made under the Municipal Act, 2001, allows the council of a municipality to enter into an agreement under subsection 110(1) of the Municipal Act 2001 for the provision of a variety of enumerated classes of municipal capital facilities;
AND WHEREAS one of those enumerated classes is municipal housing project facilities;
AND WHEREAS Ontario Regulation 46/94 requires that before a by-law authorizing an agreement respecting municipal housing project facilities is entered into, a municipal housing project facilities by-law complying with O.Reg. 46/94 must be enacted;
AND WEHREAS Council is of the opinion that making use of subsection 110(1) of the Municipal Act 2001 is a desirable means of increasing the supply of affordable housing by providing financial or other assistance at less than fair market value to private and non-profit housing providers using the criteria set out in this by-law;
NOW THEREFORE the Council of the Corporation of the County of Renfrew enacts as follows:
1. In this by-law,
“Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended, and its regulations;
“affordable housing” means housing units in which the maximum monthly occupancy cost for each unit is less than or equal to the average rent for the particular area of the County of Renfrew for that size of unit.
“average rent” for any calendar year means average monthly rent for different parts of the County by unit type as determined in the annual rental market survey of rents for the prior calendar year published by CMHC; if CMHC does not publish an annual rental market survey for the prior calendar year, or if the survey does not give average rents for a particular part of the County, then “average rent” for the calendar year shall be average rent as determined by the County of Renfrew for different parts of the County, using the same criteria as CMHC;
“County” or “County of Renfrew” means the municipal corporation known as the County of Renfrew or the geographic area of the County of Renfrew, as the context requires;
“Clerk” means the person appointed by Council pursuant to section 228 of the Act;
“CMHC” means the Canada Mortgage and Housing Corporation;
“Council” means the Council of the County of Renfrew.
“housing provider” means a person with whom the County has entered into or will enter into a municipal housing project facilities agreement.
“low or moderate income households” means individuals or families who, if the affordable housing was rented to them would spend thirty percent or more of their gross annual income, as determined by the housing provider after making all reasonable inquiries, on the annualized monthly occupancy cost for the unit.
“monthly occupancy cost” means the sum of monthly rent payable to the landlord of a housing unit, and exclusive of utilities, parking, telephone, cable and other similar fees;
“municipal housing project facilities” means the municipal housing project facilities class of municipal capital facilities, as set out in Ontario Regulation 46/94, as amended;
“municipal housing project facilities agreement” means a municipal housing project facilities agreement as set out in Section 2 of this By-law;
“municipal housing facilities by-law” means a by-law enacted by Council pursuant to Paragraph 6.1(1)(a) of Ontario Regulation 46/94, as amended;
“rent supplement agreement” means a rent supplement agreement as defined in the Social Housing Reform Act, 2000, S.O. 2000, c.27, as amended; or the Housing Services Act, 2011, O.Reg. 367/11;
“unit size” means the size of a unit within a municipal housing project facility or potential municipal housing project facility, measured by the number of bedrooms;
2. Council may pass by-laws permitting the County or its agents to enter into municipal housing project facilities agreements with housing providers, pursuant to subsection 110(1) of the Act, for the provision of municipal housing project facilities.
3. The County shall not enter into an agreement mentioned in Section 2 unless it is determined that all the housing units to be provided as part of the municipal housing project facilities:
(a) fall within the definition of affordable housing; and
(b) meet a threshold for affordability for low or moderate income households as established by Council for specific municipal housing project facilities.
4. A municipal housing project facilities agreement shall include but shall not be limited to the following terms and conditions:
(a) the term of the agreement, which shall not be less than twenty years;
(b) the number of housing units being provided;
(c) that each unit in the municipal housing project facilities shall meet the definition of affordable housing;
(d) the monthly occupancy costs which can be charged for each housing unit in the municipal housing project facility for the first year of the term, and the mechanism by which such monthly occupancy costs may annually increase and the restrictions on such annual increases;
(e) provisions reflecting those matters set out in Section 4;
(f) that housing units subject to the agreement shall not be rented to the housing provider or shareholders or directors of the housing provider, or any individual not at arm’s length to the housing provider or shareholders or directors of the housing provider unless the housing provider is a non-profit co-operative as defined in the Co-operative Corporations Act, R.S.O. 1990, c.35, as amended, or is a not-for-profit corporation;
(g) that the County may register the agreement on title;
(h) that the municipal housing project facilities agreement shall be binding on the housing provider’s heirs, successors and assigns;
(i) that during the time period in which the municipal housing project facilities agreement is in force, the housing provider shall, as a condition precedent to a sale to a subsequent purchaser, require the subsequent purchaser to enter into an agreement with the County, and that agreement shall impose the terms of the municipal housing project facilities agreement on that subsequent purchaser;
(j) that in addition to a general indemnity, the housing provider shall specifically indemnify the County if the provision set out in subsection (i) is breached;
(k) a list of the benefits being conveyed to the housing provider under this By-law, including their estimated present day monetary value;
(l) that if the housing provider does not carry out its obligations under the agreement, the housing provider shall pay to the county the entire amount of benefits conveyed under the agreement, together with any applicable costs and interest;
(m) a communication protocol with the County with respect to services provided under the agreement for the purpose of project monitoring and enforcement; and
(n) such other contractual provisions which are required to be inserted based on fundamental contractual drafting principles.
5. The municipal housing project facilities agreement may require that the housing provider enter into a rent supplement agreement with the County if targeted individuals/families are on the centralized waiting list.
6. A municipal housing project facilities agreement may allow for the provision, lease, operation or maintenance of the municipal housing project facilities by any person, including another municipality.
7. With respect to the provision, lease, operation or maintenance of the municipal housing project facilities that are subject to the agreement, the County may provide for financial or other assistance at less than fair market value or at no cost to the housing provider. Such assistance may include:
(a) giving or lending money and charging interest; and/or
(b) giving, lending, leasing or selling property.
8. It is Council’s intention that new multi-residential buildings constructed and approved by Council under the Affordable Housing Program, which are to be used as municipal housing project facilities, shall be subject to property taxes at a rate equal to or lower than the rate applied to single family residential properties, either through tax reduction or exemption where permissible, or by the adoption of preferential tax ratios as permitted under the Municipal Act, 2001, S.O. 2001, c.25 as amended and the regulations thereunder. Property tax reduction or exemptions will be site specific and be detailed within the Municipal Housing Project Facilities Agreement per Section 2.
9. Subject to subsections 110(15), (17), (18) and (19) of the Act, Council may exempt from County of Renfrew taxation, for municipal and school purposes, land or a portion of it on which municipal housing project facilities are or will be located that,
(a) is the subject of a municipal housing project facilities agreement;
(b) is owned or leased by the housing provider; and
(c) is entirely occupied and used or intended for use for affordable housing.
10. A municipal housing project facilities agreement containing provisions for development charges exemptions may provide for a full or partial exemption for the facilities from the payment of development charges imposed by the County under the Development Charges Act, 1997, S.O. 1997, c.27.
11. If a municipal housing project facilities agreement is to contain those provisions set out in Section 9, a by-law distinct from the by-law referred to in Section 2 shall be passed, and the information set out in Section 9 and, if applicable, Section 10 shall be inserted into that by-law.
12. The by-law referred to in Section 11 shall specify an effective date, which shall be the date of passing of the by-law or a later date.
13. Upon the passing of a by-law referred to in Section 11, the Clerk shall give written notice of the contents of the by-law to:
(a) Municipal Property Assessment Corporation;
(b) the Clerk of any other municipality that has any municipal jurisdiction over the land impacted by the by-law; and
(c) the secretary of any school board if the area of jurisdiction of the board includes the land impacted by the by-law.
14. The Council may establish a reserve fund to be used for the exclusive purpose of renovating, repairing or maintaining facilities that are provided under a municipal housing project facilities agreement. A municipal housing project facilities agreement may provide for contributions to the reserve fund by any person.
15. In the event that the County of Renfrew initiates a municipal housing project facilities agreement, the separated City of Pembroke, shall be consulted.
16. This By-law may be cited as the Municipal Housing Facilities By-law.
READ a first time this 29th day of March, 2012.
READ a second time this 29th day of March, 2012.
READ a third time and finally passed this 29th day of March, 2012.
ROBERT SWEET, WARDEN W. JAMES HUTTON, CLERK