Exemptions related to social, etc., housing
5. (1) Sections 17 and 18, paragraph 1 of subsection 32 (1), sections 33, 54, 55, 57, 58 and 59, subsection 81 (2) and sections 82, 89, 90, 92, 95, 100 to 102, 108, 114, 116, 121, 123 to 125, 129 to 131, 135 to 139, 142 and 143 do not apply with respect to a rental unit described below: 1. A rental unit located in a residential complex owned, operated or administered by or on behalf of the Ontario Mortgage and Housing Corporation, the Government of Canada or an agency of either of them. 1.1 A rental unit in a residential complex described in paragraph 1 whose ownership, operation or management is transferred under the Social Housing Reform Act, 2000 to a service manager or local housing corporation as defined in that Act. 2. A rental unit located in a non-profit housing project or other residential complex, if the non-profit housing project or other residential complex was developed or acquired under a prescribed federal, provincial or municipal program and continues to operate under, i. Part VI of the Social Housing Reform Act, 2000, ii. an operating agreement, as defined in the Social Housing Reform Act, 2000, or iii. an agreement made between a housing provider, as defined in the Social Housing Reform Act, 2000, and one or more of, A. a municipality, B. an agency of a municipality, C. a non-profit corporation controlled by a municipality, if an object of the non-profit corporation is the provision of housing, D. a local housing corporation, as defined in the Social Housing Reform Act, 2000, or E. a service manager, as defined in the Social Housing Reform Act, 2000. 3. A rental unit provided by a non-profit housing co-operative to tenants in non-member units. 4. A rental unit provided by an educational institution to a student or member of its staff and that is not exempt from this Act under clause 3 (g). 5. A rental unit located in a residential complex owned, operated or administered by a religious institution for a charitable use on a non-profit basis. 1997, c. 24, s. 5 (1); 2000, c. 26, Sched. K, s. 6 (3); 2000, c. 27, s. 179 (1, 2); 2006, c. 32, Sched. E, s. 6 (1). Exemption re 12-month rule (2) Section 126 does not apply with respect to, (a) a rental unit described in paragraph 1, 1.1, 2 or 3 of subsection (1) if the tenant occupying the rental unit pays rent in an amount geared-to-income due to public funding; or (b) a rental unit described in paragraph 4 or 5 of subsection (1). 1997, c. 24, s. 5 (2); 2000, c. 27, s. 179 (3). Exemption re notice of rent increase (3) Sections 127 and 128 do not apply with respect to increases in rent for a rental unit due to increases in the tenant’s income if the rental unit is as described in paragraph 1, 1.1, 2 or 3 of subsection (1) and the tenant pays rent in an amount geared-to-income due to public funding. 1997, c. 24, s. 5 (3); 2000, c. 27, s. 179 (4). Exception (4) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than the Ontario Mortgage and Housing Corporation, the Government of Canada or an agency of either of them. 1997, c. 24, s. 5 (4); 2006, c. 32, Sched. E, s. 6 (2). Exception (4.1) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rental unit described in paragraph 1.1 of that subsection if the tenant occupying the rental unit pays rent to a landlord other than a service manager or local housing corporation as defined in the Social Housing Reform Act, 2000 or an agency of either of them. 2000, c. 27, s. 179 (5). Same (5) Despite subsection (1), the provisions of this Act set out in that subsection apply with respect to a rent increase for rental units described in paragraph 4 of that subsection if there is a council or association representing the residents of those rental units and there has not been consultation with the council or association respecting the increase. 1997, c. 24, s. 5 (5). Rent geared to income