S-8, r. 4 - By-law respecting the conditions for the leasing of dwellings in low-rental housing in Nunavik

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chapter S-8, r. 4
By-law respecting the conditions for the leasing of dwellings in low-rental housing in Nunavik
SOCIÉTÉ D’HABITATION DU QUÉBEC — LOW-RENTAL HOUSING — NUNAVIK
Act respecting the Société d’habitation du Québec
(chapter S-8, s. 86, 1st par., subpar. g, and 2nd par.).
S-8
September 1 2012
DIVISION I
PURPOSE
1. The purpose of this By-law is to establish conditions for the leasing of dwellings in low-rental housing in the villages of Akulivik, Aupaluk, Inukjuak, Ivujivik, Kangiqsujuaq, Kangirsuk, Kangiqsualujjuaq, Kuujjuaq, Kuujjuarapik, Puvirnituq, Quaqtaq, Salluit, Tasiujaq and Umiujaq.
O.C. 777-2005, s. 1.
DIVISION II
MONTHLY RENT, MAXIMUM RENT AND MINIMUM RENT
O.C. 777-2005, Div. II; 559-2017O.C. 559-2017, s. 1.
2. The monthly rent is the maximum rent established in accordance with Schedule I. A lessee may request the lessor to establish the monthly rent on the basis of his or her income, in accordance with Division III.
The monthly rent must not be less than a minimum rent of $100.
The lessee must give the lessor the documents required in support of his or her request.
O.C. 777-2005, s. 2; 559-2017O.C. 559-2017, s. 2.
3. The monthly rent is adjusted on 1 July of each year.
If a permanent change occurs in the situation of the lessee or the lessee’s spouse and results in a decrease in total income calculated as provided in section 5, the lessee may request in the course of the year that the monthly rent be adjusted. The lessee may make a similar request if, in the year, the lessee or the lessee’s spouse attains 60 years of age, in which case the rent is adjusted pursuant to section 6.
O.C. 777-2005, s. 3; 559-2017O.C. 559-2017, s. 3.
4. The minimum rent is adjusted on 1 July of each year as of 1 July 2017 according to the rate of change in the general Consumer Price Index for Québec, as determined by Statistics Canada under the Statistics Act (R.S.C. 1985, c. S-19), calculated on the basis of the average of the indices for the 12 months of the preceding year.
The amount of the indexed rent is reduced to the nearest dollar if it contains a fraction of a dollar less than $0.50; it is increased to the nearest dollar if it contains a fraction of a dollar equal to or greater than $0.50.
The Société d’habitation du Québec or its mandatary informs the public of the annual indexing under this section through the Gazette officielle du Québec or by such other means as the Société considers appropriate.
O.C. 777-2005, s. 4; 559-2017O.C. 559-2017, s. 4.
DIVISION III
CALCULATION OF RENT ACCORDING TO LESSEE’S INCOME
5. The rent is obtained using the following formula:
25% [A - (B + C + D)],
___________________
12
where
(1)  “A” is the total income of the lessee and the lessee’s spouse for the taxation year preceding the year for which the rent is calculated. The total income is the income calculated using the fiscal return prescribed under section 1000 of the Taxation Act (chapter I-3) and confirmed by the notice of assessment for that return;
(2)  “B” is the annual total of the amounts to be paid monthly by the lessee as support under an order or a judgment of a competent court, as rent for the lodging of a person in a private nursing home or in a facility maintained by a private institution not under agreement within the meaning of the Act respecting health services and social services (chapter S-4.2), and as the contribution required under section 512 of that Act of a user lodged in a facility maintained by a public or private institution under agreement or taken in charge by an intermediate resource of a public institution or by a family-type resource;
(3)  “C” is an amount of $6,221 for each person residing with the lessee and who is
(a)  a child of the lessee or of the lessee’s spouse, is under 18 years of age and is not on the labour market or receiving last resort financial assistance;
(b)  a child of the lessee or of the lessee’s spouse, is 18 years of age or older and is pursuing full-time studies; if the child is not residing with the lessee, the lessee or the lessee’s spouse assumes expenses for the child’s subsistence;
(c)  60 years of age or older, is receiving last resort financial assistance and is the father or mother of the lessee or of the lessee’s spouse; or
(d)  a handicapped person;
(4)  “D” is the total of the following amounts:
(a)  50% of [A - (B + C)] for the portion of [A - (B + C)] that is less than $24,194;
(b)  40% of [A - (B + C)] for the portion of [A - (B + C)] that is equal to or greater than $24,194 but less than $48,388;
(c)  20% of [A - (B + C)] for the portion of [A - (B + C)] that is equal to or greater than $48,388.
For the purposes of subparagraph 1, if the lessee or the lessee’s spouse earns an income from a business, that income is the net income from the business within the meaning of the Taxation Act without, however, subtracting the deductions under sections 130 and 130.1 of that Act.
The amounts mentioned in this section are adjusted in accordance with the first paragraph of section 4.
O.C. 777-2005, s. 5; 559-2017O.C. 559-2017, s. 5.
6. If the lessee or the lessee’s spouse is 60 years of age or older and if the lessee so requests, the monthly rent is established according to the lowest of
(1)  the maximum rent established in accordance with Schedule I;
(2)  the rent established in accordance with section 5; and
(3)  a rent of $100, plus 2.4% of the income in excess of the first $30,000 of income resulting from the application of the formula [A - (B + C)] whose parameters are defined in section 5. The amount of $30,000 is adjusted in accordance with the first paragraph of section 4.
O.C. 777-2005, s. 6; 559-2017O.C. 559-2017, s. 6.
DIVISION IV
MISCELLANEOUS AND FINAL
7. As of 1 July 2016 and up to 1 July 2019, the maximum rent corresponds to the maximum rent of the preceding year increased by 6%. It is increased by 8% per year for subsequent years.
The amount of the rent thus increased is reduced to the nearest dollar if it contains a fraction of a dollar less than $0.50; it is increased to the nearest dollar if it contains a fraction of a dollar equal to or greater than $0.50.
O.C. 777-2005, s. 7; O.C. 1027-2014, s. 1; 559-2017O.C. 559-2017, s. 7.
8. The monthly rent of lessees is adjusted not later than 11 November 2017, in accordance with section 2.
If the rent thus adjusted is lower than the monthly rent paid by a lessee since 1 July 2016, the sums of the overpayment since that time are reimbursed to the lessee after the lessor has recovered by compensation the balance of any unpaid rent.
If the rent thus adjusted is greater than the monthly rent paid by a lessee since 1 July 2016, the increase has effect only from the date of the next renewal of the lease.
O.C. 777-2005, s. 8; 559-2017O.C. 559-2017, s. 8.
9. This By-law comes into force on 15 September 2005.
O.C. 777-2005, s. 9.
SCHEDULE I
(ss. 2 and 6)
Maximum Rent
 MAXIMUM RENT
(as of 1 July 2016)
DWELLINGS AND TYPESRecipient of last resort financial assistanceOther
 With freeze in 2014 *Without freezeWith freeze in 2014 *Without freeze
Studio 1 bedroom $266 $287 $383 $413
Large studio $284 $306 $383 $413
2 bedrooms
Type R $413 $446 $513 $554
Type M or U $374 $404 $513 $554
Type J $413 $446 $560 $604
3 bedrooms
Type R $430 $464 $584 $631
Type U $430 $464 $647 $699
4 bedrooms
Type R $446 $482 $664 $717
Type J $446 $482 $732 $791
5 bedrooms $467 $505 $818 $884
6 bedrooms $529 $571 $901 $973
* In this Schedule, “freeze in 2014” means the absence of increase in the maximum rent of certain lessees as of 1 July 2014, under the By-law to amend the By-law respecting the conditions for the leasing of dwellings in low-rental housing in Nunavik, approved by Order in Council 1027-2014 dated 26 november 2014.
O.C. 777-2005, Sch. I; 559-2017O.C. 559-2017, s. 9.
(Revoked)
O.C. 777-2005, Sch. II; 559-2017O.C. 559-2017, s. 10.
REFERENCES
O.C. 777-2005, 2005 G.O. 2, 3619
O.C. 1027-2014, 2014 G.O. 2, 2759
O.C. 559-2017, 2017 G.O. 2, 1667