Item - 2013.CC36.5

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council adopt the recommendations contained in the investigation report (June 4, 2013) from the Ombudsman.

            Ombudsman Recommendations

            Unless otherwise specified and/or can be made generally applicable, the recommendations below are directed at seniors residing in TCHC units.

Taking into account all of the evidence gathered during this investigation, I make the following recommendations.

1.         That TCHC evaluate its current annual rent review practice, specifically:

a.         So that rent reviews and income verification for those tenants who meet the requirements of the Housing Services Act for rent reviews less often than annually, are not required to do so more frequently than every two years; and that

b.         If such a recommendation cannot be fulfilled, a clear rationale be provided in writing to the Ombudsman's office with alternative ways to better support seniors in meeting the reporting requirements and that those ways are documented and disseminated broadly to ensure adherence by staff.

2.         That the practice of returning the annual review package to a tenant when there is missing information cease immediately. The tenant should instead be advised what information is missing and asked to furnish it.

3.         That the outstanding Justice LeSage recommendations discussed in this report, and agreed to by TCHC, be implemented without further delay and no later than October 1, 2013 including but not limited to:

c.         Addressing the excessive volume of correspondence to tenants by reviewing all legal requirements and looking at viable alternatives that are user friendly, appropriate and non-threatening in their content.

i.          That in this regard, the information be accurate and written in Easy English in a manner that is accessible, easily understood, inviting and equitable in its approach.

ii.         That legally required correspondence be written in language that is matter of fact and non-threatening in tone.

iii.        That correspondence be preceded and followed up with personal contact wherever possible.

iv.        That Justice LeSage's recommendation of more direct contact be construed minimally as telephone contact but preferably as personal visits and that correspondence to the tenant not be understood to mean personal contact.

d.         Providing tenants with a receipt for the documents they submit in the annual review process.

e.         Posting in each tenant building an up-to-date list of community agencies that are within close proximity of the building. The list should be regularly updated, no less than every six months.

4.         That template letters and related correspondence used by private property companies be brought in line with those used by TCHC to ensure consistency and similar treatment of its tenants.

5.         That TCHC explicitly incorporate into its Seniors Framework an action plan for dealing with vulnerable seniors including but not limited to:

a.         Express recognition and promotion of equitable service to the increased vulnerability that exists when factors such as immigration, language, disability, diminished capacity, mental health, and sexual orientation intersect with the challenges of aging.

b.         That consultation take place as appropriate with staff responsible for working with vulnerable tenants, including those who may have mental health challenges

c.         That the role of the Community Services Coordinators and other staff responsible for mental health concerns be clearly articulated and used strategically and collaboratively.

d.         That staff with responsibility for addressing mental health concerns be included in team conferencing when concerns of mental health or cognitive impairment are at issue.

e.         That guidelines be developed and shared with staff surrounding the role and value of the Community Services Coordinators and other staff responsible for mental health.

6.         That TCHC address the issue of tenants' income changing when they become 65 through a public education program or some other mechanism, so that affected tenants are aware of the impact this may have on their RGI rent.

7.         That staff visit the tenants and provide them with a copy of the Old Age Security application and information about community agencies that could assist them in completing the form if required.

8.         That TCHC determine whether, in the case of retroactive arrears, it will enforce the practice of collecting a maximum of 10% of the tenant's RGI, each month, and that this be clearly spelled out in the Eviction Prevention Policy.

9.         That amounts of arrears be properly calculated with plain language explanations of the figures and communicated to the tenant.

10.       That when tenant arrears first occur, early interventions are made by staff with personal visits wherever possible.

11.       That staff ensure TCHC policies are in fact implemented in practice.

12.       That TCHC develop an arrears collection process that includes repayment plan guidelines and provide a draft to the Ombudsman's office for review and comment by October 1, 2013.

13.       That eviction be a last resort and not a first resort.

14.       That the eviction processes for arrears are not used improperly for another purpose.

15.       That a guideline be developed to instruct staff and set standards for the type of information to be included in tenant files.

16.       That all information in tenant files be entered objectively and without personal comment.

17.       That training be required in standards and content for documentation and record-keeping by May 30, 2014.

18.       That emergency contacts for tenants be kept on file and up to date, wherever possible and to the best of TCHC's ability.

19.       That training with respect to vulnerable seniors be implemented by:

a.         Developing a guideline to identify indicators of distress, diminished capacity or cognitive impairment to assist staff in assessing the need for intervention with vulnerable seniors.

b.         Training staff by June 30, 2014 to recognize signs of distress and engage in appropriate responses and interventions.

c.         That a training program be put in place to ensure employees are skilled and able to meet the needs of vulnerable seniors, and that such training be completed by June 30, 2014 for all staff serving vulnerable seniors.

d.         Requiring TCHC employees to participate in the City of Toronto's e-learning tutorial on “A Guide to Good Practice: Providing Equitable Service to Individuals of all Abilities”.

20.       That a protocol be explored with the Ontario Public Guardian and Trustee in cases where its intervention may be useful and required.

21.       That TCHC pursue initiatives, similar to the LOFT Pathways pilot project, to advocate for funding to provide additional supports to tenants.

22.       That a consulting relationship be established with the Centre for Addiction and Mental Health, or a comparable organization, to enable the sharing of best practices and professional advice for staff of TCHC.

23.       That staff responsible for implementing and managing the Eviction Prevention Policy, the Arrears Collection Process and the Eviction Prevention Checklist be held accountable for their actions.

24.       That senior management ensures documented expectations articulated through policies, procedures and guidelines are implemented in practice and routinely followed.

25.       That meaningful consequence for failure to comply by staff is enforced through responsible management.

26.       That any review conducted by staff that may precipitate penalties for the tenant up to and including eviction must be done thoroughly and objectively, without bias.

27.       That systems access to federal Notices of Assessment from the Canadian Revenue Agency be explored.

28.       That unless otherwise specified, all recommendations be implemented no later than December 31, 2013.

29.       That all written undertakings flowing from these recommendations be provided to my office in draft prior to TCHC staff dissemination.

30.       That quarterly updates be provided to my office by way of a face-to face meeting on the status of implementation.

2.         City Council strongly encourage the Toronto Community Housing Corporation (TCHC) Board of Directors to direct the President and Chief Executive Officer to implement the recommendations contained in the Ombudsman's Investigation report.

3.         City Council request the TCHC Board of Directors to monitor and report to City Council on the progress of implementation of the Ombudsman's recommendations and on the recommendations contained in the LeSage report as part of the Board's Quarterly Performance report.

4.          City Council request the City Manager, in consultation with the President and Chief Executive Officer, TCHC, to report to City Council in March 2014 on the status of implementation of the recommendations in the Ombudsman's report.

5.         City Council request the President and Chief Executive Officer to report to Toronto Community Housing Corporation Board of Directors on the number of vulnerable seniors that are in arrears and on a proposal to implement a payment plan.

6.         City Council request the President and Chief Executive Officer, Toronto Community Housing Corporation to advise the Ombudsman until March 2014 when senior tenants are facing eviction as a result of rent arrears prior to eviction so that the Ombudsman may continue to monitor the process.

7.          City Council request the Ombudsman to submit a follow-up report to City Council in March 2014 on the status of TCHC's implementation of her recommendations and monitoring of senior tenants facing the eviction.

8.         City Council request the TCHC Board of Directors to ensure that any reports prepared with respect to evictions and compliance with the Eviction Prevention policies and guidelines, include specific breakdown of compliance by in-house vs. private contracted services.  

9.         City Council request the Chief Executive Officer, TCHC to ensure that during the year before residents turn 65 years of age, TCHC staff help them prepare for the change in income which will result in a rental increase. 

10.       City Council request the City Manager, in consultation with the City Solicitor, to expand the system of automatic withdrawal of TCHC rental payments prior to residents on social assistance receiving their benefit payments.

11.       City Council request the Deputy City Manager, Cluster A, to report to the Community Development and Recreation Committee on how the practices of Toronto Employment and Social Services (TESS) support the maintenance of clients' rental payments in good standing and the protocol between TESS and TCHC.

12.       City Council direct the Deputy City Manager, Cluster A to report to the Community Development and Recreation Committee on the establishment of a Commissioner of Housing Equity for TCHC, as recommended in the LeSage report, and to include any other options to ensure the fair treatment of vulnerable persons in social housing.

13.       City Council request the Deputy City Manager to report to the Community Development and Recreation Committee on how the City of Vancouver provides training and follow-up services through private landlord and contracted building managers to vulnerable tenants both inside and outside their public housing portfolio.

14.       City Council request the Executive Committee, when dealing with the Operating Variance Report for the year ended December 31, 2012, to consider as a priority, that the unspent portion of Shelter, Support and Housing be retained by the Division and be split between the social housing reserve fund to create new affordable housing units and the supplement programs to help keep vulnerable tenants in TCHC units properly housed.

15.       In order to further the Ombudsman's recommendations in her report, City Council request the City Manager to include in the forthcoming amended Shareholder Direction for Toronto Community Housing Corporation (TCHC), a requirement that TCHC have a whistle-blower protection policy.

16.       In order to further the Ombudsman's recommendations in her report, City Council request the City Manager to include in the forthcoming amended Shareholder Direction for TCHC, a requirement that TCHC have a policy to require all postings, general communications to tenants at large, as well as specific communications to vulnerable tenants, be done in the language of choice of the tenant and in English.

 17.      City Council request the President and Chief Executive Officer, TCHC to create a mechanism, education program, support or referral system through our Federal counterparts to ensure that tenants who are in rental arrears, and where possible other senior tenants, are given the guidance or referrals to ensure they are receiving their maximum Federal financial entitlement.  This would include but not restricted to:

Canada Pension Plan;

Old Age Security;

Guaranteed Income Supplement;

Foreign Pension Income;

Veterans Pension and Allowance; and

Survivors Disability Benefits.

18.       City Council request the Ministry of Health and Long-Term Care to provide funding to the Toronto Community Housing Corporation to enable the TCHC to better assist residents with mental health problems.

19.       City Council request the City Manager, in consultation with the President and Chief Executive Officer, TCHC, to write to the Minister of State for Seniors and ask for an immediate review of the provisions and rules governing the limits on the retroactivity of missed seniors benefits payments by eligible recipients with the objective of substantially increasing such retroactivity beyond the current, in some cases, 11 months.