System requirements — refusals by housing provider
 77. (1) A special needs housing administrator’s system for selecting households must include rules that permit a housing provider, despite any other rule, to not offer a household a unit in any of the following circumstances: 1. The housing provider has a mandate under section 76 of the Act and offering the unit to the household would be contrary to that mandate. 2. The housing provider has reasonable grounds to believe, based on the household’s rental history, that the household may fail to fulfil its obligations to pay rent for the unit in the amount and at the times the rent is due. 3. The housing provider is a non-profit housing co-operative and the household does not agree to accept its responsibilities as a member of the housing provider or the housing provider has reasonable grounds to believe that the household will not accept or will be unable to accept those responsibilities. 4. The unit is one in which individuals will reside in a shared living situation and the housing provider has reasonable grounds to believe that it is unreasonable for the household to reside in the shared accommodation. 5. The level of support services that are provided in respect of the unit is significantly greater or significantly less than the level of support services required by the household. 6. All of the following criteria are satisfied: i. Within the past five years, A. the tenancy of a member of the household was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under section 61 of the Residential Tenancies Act, 2006, or B. the occupancy of a member of the household in a member unit of a non-profit housing co-operative was ordered terminated by the Landlord and Tenant Board based on a notice of termination given under paragraph 5 of section 94.2 of that Act. ii. The tenancy or occupancy that was ordered terminated was in a designated housing project. iii. The order terminating the tenancy or occupancy has not been cancelled under section 21.2 of the Statutory Powers Procedure Act or overturned under section 210 of the Residential Tenancies Act, 2006. iv. The order terminating the tenancy or occupancy was grounded on an illegal act, trade, business or occupation involving one or more of the following: A. An illegal act, trade, business or occupation described in clause 61 (2) (a) or 94.4 (4) (a) of the Residential Tenancies Act, 2006. B. The illegal production, distribution or sale of cannabis. C. The trafficking of persons. D. The use or attempted use of physical violence against another person. E. Physical harm, attempted physical harm, or a risk of physical harm to another person. F. The use of threats to, intimidation of, or harassment of another person. v. The housing provider has reasonable grounds to believe that accommodating the household would pose a risk to the safety of one or more other persons at the housing project. O. Reg. 367/11, s. 77 (1); O. Reg. 318/19, s. 11. (2) The special needs housing administrator’s system for selecting households must include rules that provide for the following if a housing provider refuses, under a rule under subsection (1), to make an offer to a household that it would otherwise have been required to make: 1. The housing provider shall notify the household of the refusal. 2. If the household so requests, the housing provider shall review the decision to refuse to make the offer. 3. The rules under paragraphs 1 and 2 apply only to the first refusal by a housing provider to make an offer to a household and not to subsequent refusals by the housing provider with respect to the same household.  O. Reg. 367/11, s. 77 (2). Special Needs Housing — Priority Rules