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

Updated to 10 December 2014

This document has official status.

chapter S-8, r. 4

By-law respecting the conditions for the leasing of dwellings in low-rental housing in Nunavik

Act respecting the Société d’habitation du Québec

(chapter S-8, s. 86, 1st par., subpar. g, and 2nd par.).

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 AND MAXIMUM AND MINIMUM RENT

2. The monthly rent is the maximum rent established in accordance with Schedule I. A lessee may request the lessor to establish the rent on the basis of his or her income, in accordance with Division III. If the rent thus obtained is less than the minimum rent established in accordance with Schedule II, the latter rent prevails.

The lessee must give the lessor the documents required in support of his or her request.

O.C. 777-2005, s. 2.

3. The monthly rent is adjusted on 1 July of each year as of 1 July 2006. For 2005, the monthly rent is adjusted within 3 months of 15 September 2005.

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.

4. The minimum rents established in accordance with Schedule II are indexed on 1 July of each year 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 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.

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 $5,000 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)  41% of [A - (B + C)] for the portion of [A - (B + C)] that is less than $20,000;

(b)  35% of [A - (B + C)] for the portion of [A - (B + C)] that is equal to or greater than $20,000 but less than $40,000;

(c)  20% of [A - (B + C)] for the portion of [A - (B + C)] that is equal to or greater than $40,000.

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.

O.C. 777-2005, 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% of the income in excess of the first $20,000 of income resulting from the application of the formula [A - (B + C)] having the parameters defined in section 5; despite section 2, the rent may be lower than the minimum rent established in accordance with Schedule II.

O.C. 777-2005, s. 6.

DIVISION IV MISCELLANEOUS AND FINAL

7. As of 1 July 2010 and each year thereafter, the maximum rent corresponds to the maximum rent of the preceding year increased by 8%.

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.

The increase of the maximum rent provided for in this section for 1 July 2014 does not apply to the maximum rent provided for the leases renewed between 1 July 2013 and 30 June 2014, if the income of the lessee, calculated in accordance with subparagraph 1 of the first paragraph of section 5, is less than $90,000 and if the lessee has filed, before 20 February 2015, a copy of his or her notice of assessment.

The maximum rent for the month following the month during which the lessee files a copy of his or her notice of assessment is obtained using the following formula:

A - C×(B-A)

where

(1)  “A” is the maximum rent of the lessee on 1 July 2013;

(2)  “B” is the maximum rent established pursuant to the first and second paragraphs of this section on 1 July 2013 increased in accordance with those paragraphs;

(3)  “C” is the number of months of rent already paid by the lessee since the renewal of the lease.

If the lessee files the notice of assessment after 20 February 2015, the maximum rent of the month in which the lessee files the notice of assessment is the maximum rent of the lessee on 1 July 2013. The lessor must make deductions on the rent of the following month.

For the subsequent months in the case of a lease renewed between 1 July 2013 and 30 June 2014, the maximum rent is the maximum rent of the lessee on 1 July 2013.

The third to sixth paragraphs of this section do not apply to leases renewed from 1 July 2014. At the renewal of the leases of the lessees who will have availed themselves of the non-application of the increase of their rent on 1 July 2014, the maximum rent of those lessees will be increased by 8% in accordance with the first and second paragraphs of this section.

O.C. 777-2005, s. 7; O.C. 1027-2014, s. 1.

8. The Programme de construction et de reconstruction de logements à loyer modique en milieu inuit (O.C. 891-82) is revoked.

O.C. 777-2005, 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

___________________________________________________________________________________
                                       
     Rent scale in force on                            Maximum rent
           1 July 2004                
___________________________________________________________________________________
                                     
Household         Type         Rent           1 July    1 July    1 July    1 July
                                       2005    2006      2007      2008      2009
___________________________________________________________________________________
                                     
             studio 1 bedroom  $122    $129    $138      $148      $158      $170
             ______________________________________________________________________
                                                                         
               large studio    $147    $154    $161      $168      $175      $182
             ______________________________________________________________________
                                     
                               $177    $187    $199      $212      $226      $241
               2 bedrooms  ________________________________________________________
                                     
                               $210    $220    $230      $241      $253      $265
             ______________________________________________________________________
                                     
Recipient of                   $211    $223    $235      $248      $262      $276
last resort    3 bedrooms  ________________________________________________________
financial                            
assistance                     $213    $223    $235      $248      $262      $276
             ______________________________________________________________________
                                     
                               $214    $228    $241      $254      $270      $286
               4 bedrooms  ________________________________________________________
                                     
                               $217    $228    $241      $254      $270      $286
             ______________________________________________________________________
                                     
               5 bedrooms      $220    $235    $249      $264      $281      $300
             ______________________________________________________________________
                                     
               6 bedrooms      $229    $250    $271      $293      $316      $340
___________________________________________________________________________________
                                     
             studio 1 bedroom  $160    $172    $186      $203      $222      $245
             ______________________________________________________________________
                                     
               large studio    $194    $204    $214      $224      $234      $245
             ______________________________________________________________________
                                     
                               $231    $244    $261      $281      $303      $330
                           ________________________________________________________
                                     
               2 bedrooms      $238    $251    $267      $285      $307      $330
                           ________________________________________________________
                                     
                               $271    $283    $298      $316      $337      $359
             ______________________________________________________________________
                                     
Other                          $256    $274    $297      $322      $348      $375
               3 bedrooms  ________________________________________________________
                                     
                               $312    $328    $348      $369      $391      $415
             ______________________________________________________________________
                                      
                               $299    $319    $342      $367      $395      $426
               4 bedrooms  ________________________________________________________
                                      
                               $353    $371    $392      $415      $441      $470
             ______________________________________________________________________
                                      
               5 bedrooms      $389    $411    $436      $463      $494      $526
             ______________________________________________________________________
                                     
               6 bedrooms      $415    $440    $471      $505      $541      $579
___________________________________________________________________________________    

O.C. 777-2005, Sch. I.

Schedule II

(ss. 2 and 4)

MINIMUM RENT

________________________________________________________________________________

      Type of dwelling                          Category of household
                                      __________________________________________
                                                                                
                                           Recipient of last          Other
                                           resort financial
                                              assistance
________________________________________________________________________________
                                                                                
     studio and 1 bedroom                        $125                 $145
________________________________________________________________________________
                                                                                
         2 bedrooms                              $160                 $210
________________________________________________________________________________
                                                                                
         3 bedrooms                              $185                 $230
________________________________________________________________________________
                                                                                
         4 bedrooms                              $210                 $270
________________________________________________________________________________
                                                                                
         5 bedrooms                              $235                 $350
________________________________________________________________________________
                                                                                
         6 bedrooms                              $250                 $375
________________________________________________________________________________    

O.C. 777-2005, Sch. II.

REFERENCES

O.C. 777-2005, 2005 G.O. 2, 3619

O.C. 1027-2014, 2014 G.O. 2, 2759