Video: Leaving Home

Check out this new video that deals with legal issues that can arise when youth leave home.  

Click on the link below to learn about the legal and practical issues that Terence must consider as he decides whether to leave home and live on his own at the age of 16. 

To read more about leaving home legal issues in Ontario, check out this JFCY pamphlet, as well as our past blog posts here and here.

A special thanks to the volunteers from the YouTube Subcommitte of the PLE Team for their efforts in making this video: Arif, Terence, Lucas, Tracy, Cydney, and Chrsitine, as well as JFCY staff lawyer Andrea.

To view the JFCY YouTube channel click here.

Looking for rental housing - Human Rights and Residential Tenancies

Scenario:

When Lukie was 16, she moved out of her mother’s home, where she had been experiencing abuse.  While she spent a couple of months staying with her friend Brian’s family, she was soon ready to move out on her own, and she began looking for a place.  Lukie qualified to receive Ontario Works, which is social assistance that can be available to youth in special circumstances, and she has now begun to receive monthly cheques.  She is also looking for work. (Check out our earlier post about leaving home here.)

What important things should Lukie know when she looks for a place?  Can a landlord refuse to rent to Lukie because she is only 16, or because she is receiving money from Ontario Works?

Protection against discrimination in housing: Ontario’s Human Rights Code

Ontario’s Human Rights Code is a law that makes it illegal to discriminate against an individual based on certain grounds.  In plainer language, this means that in certain areas (like housing, or education), a person cannot be refused services or treated badly just because of certain characteristics relating to their identity.  These characteristics, or “grounds” include things like age, race, and disability.

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When Lukie is searching for a place to live, she is protected against discrimination by the Code.  Usually, the Code only applies to people who are 18 or older.  However, in the case of housing, it also extends to people who are 16 or older and who are not living with their parents.  This means that landlords can’t treat her application differently or refuse to rent to her because she’s too young, and they think she’ll be too noisy or not clean enough because of her age.  The Code also forbids landlords from treating tenants or potential tenants differently because they are on social assistance, like Ontario Works.

The landlord is allowed to ask Lukie some questions in order to decide if she will be a good tenant, like her rental history or credit references.  However, the fact that Lukie has no rental history shouldn’t count against her.  Rent-to-income ratios (how much the rent is compared to how much Lukie earns each month) cannot be used to decide whether Lukie will be accepted as a tenant.  The landlord can also ask for a guarantor on Lukie’s lease.  This is a person who promises to pay the rent if Lukie can’t afford it.  However, the landlord can only ask for a guarantor if they ask all of their tenants for one – they can’t single out Lukie because of her age or how much money she makes.

Once Lukie has rented an apartment, she is also protected by the Code.  The landlord can’t refuse to do repairs and can’t treat her unfairly just because she is young.  The only exception to this is that the Code doesn’t apply to tenants who are sharing a kitchen or a bathroom with the landlord – Lukie should watch out for this when she is looking for a place.

To learn more about Human Rights and Rental Housing, check out the Ontario Human Rights Commission’s ELearning module.

Legal Protection of Tenants: the Residential Tenancies Act

In addition to human rights protection, when Lukie rents an apartment, she will become a tenant.  Tenants are protected by a law called the Residential Tenancies Act.  This Act contains rules about what rights and responsibilities both landlords and tenants have in relation to rental units (like apartments).  These rules can become very important to Lukie if, for example, she has a major repair problem in her apartment and the landlord refuses to fix it, or if the landlord is trying to raise the rent more than once a year.

Most rental units are covered by the Residential Tenancies Act.  However, some are not.  When Lukie is looking for a unit, she should think about whether her unit is covered by the Act.  Places that aren’t covered by the Act include co-op housing, units where the landlord and tenant share a bathroom or kitchen and temporary housing like motels or bed & breakfasts.  If Lukie sublets an apartment, which means that she rents it from another tenant, her relationship will be with the other tenant and not with the original landlord.  This could make her protection under the Act more complicated.  If Lukie moves into non-profit or public housing, or to a newer building (built after 1998, or not used for residential purposes before 1991), some of the rules in the Act about rent do not apply to her.

To learn more about the Residential Tenancies Act, check out this information from the Landlord and Tenant Board (LTB).  To learn more about the rights and responsibilities of landlords and tenants, read their Information for New Tenants.  You can also learn more about rental housing from this guide by CLEO.

This blog post was written by JFCY volunteer Leora Jackson.  Leora is a UofT law student who is currently working for the summer at Downtown Legal Services, where she represents clients in cases involving rental housing legal issues. 

Applying for social assistance at ages 16 and 17

Christine is 16 years old. She lives with her mother in Toronto and her father lives in Vancouver with his family.  Christine's mother suffers from an alcohol addiction, and usually when she is drunk, she gives Christine physical punishment. Also, Christine's mother is abusing Christine emotionally, talking to her with coarse language and calling her offensive names.  In addition, although Christine’s mother has a job she works at twice a week, she spends her low wage in alcohol and rarely spends it on food. Usually, there is nothing to eat at home.  Christine has tried to talk with her father about living with him, but he always tells Christine that she can not live with him because he has his own family and there is not enough space in his house for her.  Christine attends school full time and she wants to live alone, because she feels unsafe at home. But she has no income to support her financial needs.

Christine does not know how to get financial support.

LEGAL INFORMATION

Ontario Works (OW) is a provincial agency run through municipalities that provides social assistance, including financial benefits and help finding employment.  If you are 16 or 17 years old and you have left home, you can get financial assistance (money) from OW under special circumstances, but if you are under 16 years old and you are not a single parent, you usually cannot get social assistance on your own.

If you want to get social assistance, an Ontario Works worker will usually check that your parents will not let you live with them at home or that it is harmful for you to live there. Also, the Ontario Works worker will want to be sure that your parents will not support you in your financial needs.  In addition, you will need to show that you are a full-time student in high school or another training program.

Christine meets all of these requirements.  So, if Christine needs money to live alone, she might be able to get social assistance (money) from the Ontario Works program.

What kind of assistance will Christine get?

If Christine qualifies for assistance, she will get a monthly allowance. The amount Christine will get can help her to pay for basic expenses such as rent, food and clothing.  She can also get assistance to buy prescription drugs.

Also, Christine might be able to get community maintenance benefits to help her pay the cost of setting up a new place to live (for example, money for a last month's rent deposit).

How Does Christine Apply?

If Christine wants to receive social assistance, she needs to complete an application and to have an interview with an OW worker who will ask Christine for information to show that she qualifies for assistance.  This will include talking about the things discussed above, like finding out more about why Christine isn’t living with a parent.  When Christine goes to the Ontario Works office, she will have to have a number of documents with her.  Christine can show evidence of her circumstances by getting a letter from her guidance counselor, or another professional (like a social worker) who is familiar with her situation.

Christine has the right to apply to Ontario Works for social assistance.  That means that she can apply even if someone tells her she is ineligible when she goes to apply.  If she is turned down, she should ask for the decision in writing, so that she can try to have the decision reviewed by someone else in the OW office. This is called a "request for internal review". If Christine is turned down, it will be helpful for her to talk to a lawyer, who can help her with the internal review request.  It is important for Christine to act quickly if she is turned down, as there are short deadlines for a review or an appeal (which is like a review of a review).

This information only applies to someone who is 16 or 17 years old – if you are 18, different rules apply, even if you are still a full time student.

To learn more about leaving home, check out this JFCY pamphlet

To learn more about social assistance, including Ontario Works, check out CLEO’s guide to social assistance.  Or, check out this government of Ontario website.

If you are 16 or 17 and living on your own in Ontario, and you are having trouble applying for or receiving OW, you can contact a JFCY lawyer.  Call JFCY at 416-920-1633, or toll-free from outside the GTA at 1-866-999-5329. 

Thanks to Lina Maria Sanchez, a PLE Team Member and JFCY volunteer, for writing this post. Lina Maria was a lawyer in Columbia before moving to Canada.  Legal information was reviewed by JFCY.

Leaving Home Part III: Social Assistance

Leaving Home will be a series of blog posts providing information to youth who have questions about their rights and responsibilities about leaving home. These blog posts offer general information only. For particular issues specific to a personal situation, contact JFCY to speak to a lawyer.

Today's final intallment answers some questions about available social assistance for youth living on their own.
 
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Can I get Ontario Works (“OW”, “welfare” or “social assistance”) to live on my own?
If you are under 16 years of age, you are not entitled to receive social assistance as a single person. However, if you are living with an adult, such as a friend’s parent, they can ask to have the Child’s Tax Benefit and Ontario Child Benefit paid to them to help support you. They can also ask the Ontario Works office for help to support you.

If you are 16 or 17 years old, you can apply for social assistance from Ontario Works (OW) under special circumstances.

You might have to show the OW worker that your parents will not let you live at home, or that it is harmful for you to live there. The OW worker must be sure that your parents cannot or will not support you financially. You can ask your OW worker to not contact your parents if there are safety reasons, e.g. if your parents have physically abused you or threatened you with harm. You might also need to provide confirmation of your circumstances, such as a letter from a guidance counselor.

OW will need to know who you are living with and whether they are financially supporting you. This may affect your eligibility. You may also have to participate in family counseling (exception: if your parents have abused you).

You will have to attend school full time or be in an approved training program, unless you have a serious medical or psychological problem that makes this impossible. Anytime you miss school or the training program, you must have a justified reason for doing so or your OW will end. If you are suspended or expelled from school you may be cut off from social assistance.

If you believe that the reason you were suspended or expelled was not fair, you should appeal the decision. You can call Justice for Children and Youth to find out how to appeal the decision.

If you are 16 or 17 years old and have a child, you can receive OW. You may be required to participate in a program approved by OW to help you complete high school, develop job skills and/or develop your parenting skills.

What does Ontario Works pay for?
OW payments are for shelter, food, clothing and other basic needs. When you move into a new place OW can also help you cover extra items, such as last months rent, furniture and moving costs. If you need prescription drugs, OW will also pay for those except for a small dispensing fee (which some drug stores will not make you pay). If you live in a hostel or youth shelter, you can apply for a personal needs allowance only.

Do I have a Right to apply for OW?
You have the right to apply for benefits even if you are told that you may not be eligible. If you are turned down, you should ask for the decision in writing so you can ask for a review of the decision by someone else in the OW office. If they turn you down again you can appeal the decision to the Social Benefits Tribunal. Your request for a review or an appeal must be in writing. There are short deadlines for reviews and appeals so make sure you act on it as soon as possible. For further information on Social Assistance, visit the website for Community Legal Education Ontario at: www.cleo.on.ca/english/pub/onpub/online.htm

For advice or help with a review and/or an appeal, contact your local community legal clinic or Justice for Children and Youth.
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For more information on Leaving Home, consult our Legal Information Pamphlets section or click on the below link:
Leaving Home

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RESOURCES:

Kids Help Phone - http://www.kidshelpphone.ca/
416-973-4444 / 1-800-668-6868 (outside Toronto).

Children’s Aid Society - 416-987-7725 in Toronto
To locate your local CAS, visit the Ontario Association of Children’s Aid Society’s website at http://www.oacas.org/

FindHelp211:
Information about community, government, social and health issues
Dial “211” from inside the Toronto area, or visit http://www.211toronto.ca/
Outside GTA, check the local Blue Book or visit http://www.211ontario.ca/

TO CONSULT A LAWYER:

Justice for Children and Youth:
415 Yonge Street, Suite 1203
GTA (416) 920 - 1633
http://www.jfcy.org/

Legal Aid Ontario – http://www.lao.on.ca/
416-598-0200 / 1-800-668-8258

Lawyer Referral Service – 416-947-3330 / 1-800-268-8326
Referrals to lawyers; 30 min free advice.