When the Rent Increase may be Taken
28.4 (1) For the purpose of subsection 137 (1) of the Act, a person may apply to the Tribunal for an order varying the rent reduction determined under section 136 of the Act if, (a) other charges that are in addition to the municipal property tax and that are not set out in clauses (a), (b), (c) and (d) of the definition of “municipal property tax” in subsection 28.1 (2) were levied upon the landlord by the municipality in the base year; (b) the percentage of the rent charged in the residential complex that the municipal property tax comprises is not 20 per cent; (c) there is an error in the notice of rent reduction with respect to the amount by which the municipal property tax is reduced or the amount by which the rent is to be reduced; or (d) the municipal property tax is increased or decreased during the period from the day the notice of rent reduction was issued to March 31 of the year following the date the rent reduction takes effect. O. Reg. 455/98, s. 2. (2) An application referred to in subsection (1) shall be made, (a) if a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, on or before the later of, (i) the ninetieth day following the day on which the person who will be the applicant is given the notice of rent reduction, and (ii) March 31 in the year following the year in which the rent reduction takes effect; (b) if a notice of the rent reduction is not required to be given under subsection 136 (3) of the Act, on or before the later of, (i) the ninetieth day following the day on which the tax notice effecting the reduction in the municipal property tax and forming the basis of the rent reduction is issued, and (ii) March 31 in the year following the year in which the rent reduction takes effect. O. Reg. 204/00, s. 3. (3) Despite subsection (2), an application referred to in subsection (1) for an order varying a rent reduction resulting from a reduction in the 1998 municipal property tax shall be made on or before May 30, 2000 if, (a) the tax notice effecting the reduction in the 1998 municipal property tax and forming the basis of the rent reduction is issued on or after November 1, 1999; or (b) a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, and the person who will be the applicant is given the notice of rent reduction on or after November 1, 1999. O. Reg. 204/00, s. 3. (4) Despite subsection (2), an application referred to in subsection (1) for an order varying a rent reduction resulting from a reduction in the 1999 municipal property tax shall be made, (a) if a notice of the rent reduction is required to be given under subsection 136 (3) of the Act, on or before the later of, (i) the ninetieth day following the day on which the person who will be the applicant is given the notice of rent reduction, and (ii) May 30, 2000; (b) if a notice of the rent reduction is not required to be given under subsection 136 (3) of the Act, on or before the later of, (i) the ninetieth day following the day on which the tax notice effecting the reduction in the 1999 municipal property tax and forming the basis of the rent reduction is issued, and (ii) May 30, 2000. O. Reg. 204/00, s. 3.