Failure to Disclose has Consequences

What Happened

Mr. H, a university student and Toronto Community Housing Corporation (TCHC) tenant, asked for a retroactive deduction from his rent and a rent recalculation. He had recently learned he was entitled to claim a deduction from his income for child support when declaring his income to TCHC. However, TCHC refused to review his request. Mr. H continued to pursue the matter and TCHC recalculated his rent on the basis of misreported income according to his child support court documents. TCHC did not inform Mr. H of this misreporting. Mr. H tried to explain the court documents and his correct income, and even got help from a legal clinic to request an internal TCHC review. Almost a year after his first request, TCHC recalculated his rent but only for support payment deductions for the previous year. Mr. H asked why the recalculation was for only one year, but got no explanation. Frustrated, Mr. H called our office for help.

What We Did

After hearing from Mr. H, we were concerned about the one-year limit for deductions and the lack of explanation he received from TCHC. We also talked with TCHC about the lack of policy for calculating retroactive deductions.

The Result

TCHC agreed to a reimbursement for Mr. H that included the deductions he was entitled to claim. To improve the process for everyone, TCHC also issued new forms to ensure that all tenants know about these potential deductions.