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To whom does the TPA apply?

Whether you rent a house, a basement apartment, a rented condominium, or a high-rise apartment, the law covers you. The TPA also applies to residents of rooming houses in many cases.

If you share either bathroom or kitchen facilities with the landlord, the TPA does not cover your situation. This means that if you are having problems with your landlord but you share a kitchen and/or bathroom with him, you cannot go to the Tribunal to enforce your rights. Please call the Tenant Hotline at 416-921-9494 if this is happening to you.

Also, if you share an apartment or rent a room from another tenant in an apartment but are not on the lease, you may not be covered by the TPA. To get protection under the TPA, it is important that you ensure you are recognized as a tenant in that unit.

Residents of non-profit housing co-operatives or “co-ops” are not covered by the TPA. The operation of non-profit co-ops is governed by the Co-operative Corporations Act.

While the TPA does cover tenants who live in non-profit and public housing (for issues of evictions and privacy, for example), most of the rules on rent increases do not apply, to tenants in non-profit or public housing.

Non-profit housing is owned by either local governments or private non-profit corporations. These corporations operate the rental buildings with the financial help of either the City or federal government. In non-profit housing, tenants pay either rent geared to income (30% of income) or a “market” rent.

Public housing in Toronto is run by the Toronto Housing Authority on behalf of the province of Ontario. In public housing, all tenants are Rent Geared to Income tenants.

There are other special rules and exemptions under the TPA regarding tenants who live in care homes. If you live in a care home you may wish to contact a specialty legal clinic such as the Advocacy Centre for the Elderly (phone 416-598-2656), or ARCH: A Legal Resource Centre for Persons with Disabilities (phone 416-482-8255), or contact your local community legal clinic for advice.