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PUBLIC HOUSING:

THE LAW

 

If you live in a unit that is subsidized by the government, there are several things that are different. Everything in the Act applies to public housing except:

 

Ÿ         You must give your landlord information about your income and family size. You will be allowed to live in a unit based on these things. If any of these things change and you no longer qualify, the landlord may be able to evict you by giving you notice (the same notice rules as other tenancies, see Ending a Lease.

Ÿ         You CANNOT sublet or assign your unit.

Ÿ         The rules for rental increases do not apply to public housing. Rent should be lowered or raised based on the decrease or increase of your income. This is not considered a rental increase.

Ÿ         If the public housing authority raises the percentage of your income to be paid in rent, that is a rental increase and follows the normal rules for rental increases. (Example: if the amount you have to pay goes from 30% of your income to 35% of your income, that is a rental increase).

Ÿ         Tenants in public housing are only protected by ‘security of tenure’ (protection against eviction if you have lived in a unit for 5 years or more) if they continue to meet the criteria for living in Public Housing (income and family size).

           

REALITY

 

Many of the same problems occur in public housing as in other rental housing. Public Housing landlords sometimes feel that they have more power over public housing tenants because the rents are subsidized and tenants will be more reluctant to leave if their rights are violated. Public Housing Authorities do not always have good ways to deal with disputes and can treat tenants with very little respect.

THINGS TO TRY:

 

*             Public Housing Authorities have their own guidelines for dealing with disputes. You can complain to the Public Housing Authority Board to keep your own property manager in check.

*             You can also file a complaint with Residential Tenancies. You have the same rights as any other tenant whether they are in public housing or not.

*             Organize with other tenants! Strength comes in numbers (see Tenant Organizing).  

 
The information on this site contains general legal information only and is not intended to serve as a replacement for professional or other legal advice.  Further, this guide only applies to Residential Tenancies in Nova Scotia. 
Last updated: November 19, 2006.