The new ground of refusal applies only where there was a previous eviction order based on an illegal act involving one or more of the following:

• Production, trafficking, or possession for the purpose of trafficking an illegal drug;

• Illegal production, distribution or sale of cannabis;

• Physical violence or attempted physical violence against another person;

• Physical harm, attempted physical harm, or a risk of physical harm to another person; Human trafficking; or

• Use of threats to, intimidation of, and harassment of another person.

What is an N6 notice?

An N6 notice is a Landlord and Tenant Board form that is given by a housing provider to a tenant to end a tenancy for illegal acts or for misrepresenting income in rent-geared-to-income (RGl) housing. After providing an N6 notice to a tenant, a housing provider may apply to the Landlord and Tenant Board for an eviction order. The new ground of refusal only applies where the Landlord and Tenant Board ordered an eviction based on an N6 notice for an illegal act. The new ground of refusal does not apply where the Board ordered an eviction based on an N6 for misrepresentation of income. How does the new rule impact housing providers?

The rule provides a new tool for housing providers to address safety concerns. The rule does not require housing providers to refuse a unit to anyone.

If a housing provider is aware that a member of a household was evicted from a designated housing project for serious illegal activity within the past five years M the housing provider has reasonable grounds to believe the household will pose a risk to the safety of others in the housing project, the housing provider will have the option to refuse to make an offer.

As with any other ground of refusal, the first time that a provider refuses a household, the provider must notify the household and the household may request a review of the decision by the housing provider.

Does this rule apply to previous evictions from all housing providers in the province or just housing providers within the service area?

The ability of the housing provider to refuse applies regardless of whether the household was evicted from a designated housing project in the same service area or in a different service area.

How does this rule impact other members of the evicted household?

A person who, as a tenant, was named in an eviction order based on an illegal act could potentially be refused, even if the person was not directly involved in the illegal act. However, in order to refuse, the housing provider must also have reasonable grounds to believe the household poses a risk to the safety of others in the housing project (e.g. residents, staff).

Does this rule also apply to evictions from non-profit housing co-operatives?

Yes, a household whose past occupancy in a non-profit housing cooperative was terminated by the Landlord and Tenant Board due to serious iliegal activity could potentiaily be refused by a housing provider under this rule.