S-8, r. 3 - By-law respecting the conditions for the leasing of dwellings in low-rental housing

Section 19 Disposition versions

2020-08-06

19. Upon renewal of a lease, if there has been no change in the composition of the household which was considered to determine the rent applicable to the preceding lease, the lessor may, ex officio, so as to determine the rent applicable to the renewal, index the income appearing in the preceding lease by an amount equal to the actual indexation of benefits carried out the preceding year by the competent authorities. Such automatic indexation may be used for a period not exceeding 3 consecutive years and for a lessee or occupant, as the case may be:

(1)  who only receives the old age security pension and maximum monthly guaranteed income supplement;

(2)  who is a beneficiary under the Individual and Family Assistance Act (chapter A-13.1.1) and who receives, as the case may be, a temporarily limited capacity for employment allowance, where that allowance is paid to a person who is 58 years of age or older, or a social solidarity benefit owing to a severely limited capacity for employment;

(3)  who receives a retirement pension or a surviving spouse’s pension under the Act respecting the Québec Pension Plan (chapter R-9) and is at least 65 years of age.

In such cases, the provisions of the first paragraph of section 18 do not apply, unless expressly requested by the lessor. However, a lessee or an occupant referred to in subparagraph 1, 2 or 3 of the first paragraph who, throughout the year, benefits from a new source of income or from a change in the allowance received under the Individual and Family Assistance Act is bound to inform the lessor within one month of such a change.

O.C. 523-2001, s. 19; O.C. 729-2020, s. 4.

2012-09-01

19. Upon renewal of a lease, if there has been no change in the composition of the household which was considered to determine the rent applicable to the preceding lease, the lessor may, ex officio, so as to determine the rent applicable to the renewal, index the income appearing in the preceding lease by an amount equal to the actual indexation of benefits carried out the preceding year by the competent authorities. Such automatic indexation may be used for a period not exceeding 3 consecutive years and for a lessee or occupant, as the case may be:

(1)  who only receives the old age security pension and maximum guaranteed income supplement;

(2)  who is a beneficiary under the Individual and Family Assistance Act (chapter A-13.1.1) and who receives, as the case may be, a temporarily limited capacity for employment allowance, where that allowance is paid to a person who is 55 years of age or older, or a social solidarity benefit owing to a severely limited capacity for employment;

(3)  who receives a retirement pension or a surviving spouse’s pension under the Act respecting the Québec Pension Plan (chapter R-9) and is at least 65 years of age.

In such cases, the provisions of the first paragraph of section 18 do not apply, unless expressly requested by the lessor. However, a lessee or an occupant referred to in subparagraph 1, 2 or 3 of the first paragraph who, throughout the year, benefits from a new source of income or from a change in the allowance received under the Individual and Family Assistance Act is bound to inform the lessor within one month of such a change.

O.C. 523-2001, s. 19.