Rules relating to reduction in services
 39. (1) The rules set out in this section apply in respect of making findings relating to a reduction of the rent charged under section 130 of the Act based on a discontinuance or reduction in services or facilities.  O. Reg. 516/06, s. 39 (1). (1.1) In a circumstance in which clause 137 (3) (c) or 138 (1) (b) of the Act requires a landlord to reduce the rent for a rental unit, the rent reduction rules that are prescribed for the purposes of clause 137 (3) (c) or 138 (1) (b) of the Act apply instead of the requirements set out in subsections (2) to (7).  O. Reg. 395/10, s. 2. (2) If a service or facility is discontinued and the discontinuance was reasonable in the circumstances, the rent shall be reduced by an amount that is equal to what would be a reasonable charge for the service or facility based on the cost of the service or facility to the landlord or, if the cost cannot be determined or if there is no cost, on the value of the service or facility, including the cost to the tenant or former tenant of replacing the discontinued service or facility.  O. Reg. 516/06, s. 39 (2). (3) If a service or facility is discontinued and the discontinuance was not reasonable in the circumstances, the rent shall be reduced by an amount that takes into account the following matters: 1.  The value of the service or facility, including the cost to the tenant or former tenant of replacing the discontinued service or facility. 2.  The effect of the discontinuance on the tenant or former tenant.  O. Reg. 516/06, s. 39 (3). (4) The amount of the rent reduction determined under subsection (3) shall not be less that the amount of the reduction that would have been required under subsection (2) had the discontinuance been reasonable.  O. Reg. 516/06, s. 39 (4). (5) Despite subsections (2), (3) and (4), if a service or facility was previously provided to the tenant or former tenant under an agreement under section 123 of the Act, section 132 of the Tenant Protection Act, 1997, section 46 of the Rent Control Act, 1992 or subsection 96 (4) of the
Residential Rent Regulation Act, the reduction in rent on discontinuing the service or facility shall be equal to, (a)  the most recent amount of the separate charge for the service or facility; or (b)  where there is no separate charge, the increase in rent that the landlord took when the service or facility was first provided, adjusted by the percentage increase in rent being charged for the rental unit from the date the service or facility was first provided to the date the landlord discontinued the service or facility.  O. Reg. 516/06, s. 39 (5). (6) If a service or facility is reduced, the amount of the reduction of rent shall be a reasonable proportion, based on the degree of the reduction of the service or facility, of the amount of the reduction in rent that would have been determined under subsections (2) to (5) had the service or facility been discontinued.  O. Reg. 516/06, s. 39 (6). (7) If the discontinuance or reduction is temporary and its duration is reasonable, taking into account the effect on the tenant or former tenant, there shall be no reduction of rent.  O. Reg. 516/06, s. 39 (7).