s.94.2 — Notice of termination of occupancy

94.2 (1) After terminating a member’s membership and occupancy rights in a non-profit housing co-operative under section 171.8 of the Co-operative Corporations Act, the co-operative may give the member notice of termination of the member’s occupancy of a member unit under this Act in any of the following circumstances: 1. The member has persistently failed to pay the regular monthly housing charges on the date they became due and payable. 2. The member unit is in a residential complex described in paragraph 1, 2 or 3 of subsection 7 (1) and the member has ceased to meet the qualifications required for occupancy of the member unit. 3. The member fails to pay the regular monthly housing charges lawfully owing with respect to the member unit. 4. The member unit is in a residential complex described in paragraph 1, 2 or 3 of subsection 7 (1) and the member has knowingly and materially misrepresented his or her income or that of other members of his or her household. 5. The member or another occupant of the member unit commits an illegal act or carries on an illegal trade, business or occupation or permits a person to do so in the member unit or the residential complex. 6. The member, another occupant of the member unit or a person whom the member permits in the member unit or the residential complex wilfully or negligently causes undue damage to the member unit or the residential complex. 7. The member, another occupant of the member unit or a person whom the member permits in the member unit or the residential complex, i. wilfully causes undue damage to the member unit or the residential complex, or ii. uses the member unit or the residential complex in a manner that is inconsistent with use as residential premises and that causes or can reasonably be expected to cause damage that is significantly greater than the damage that is required in order to give a notice of termination under subparagraph i or paragraph 6. 8. The conduct of the member, another occupant of the member unit or a person permitted in the residential complex by the member is such that it substantially interferes with the reasonable enjoyment of the residential complex for all usual purposes by the co-operative or another member of the co-operative or occupant of the residential complex or substantially interferes with another lawful right, privilege or interest of the co-operative or another such member or occupant. 9. An act or omission of the member, another occupant of the member unit or a person permitted in the residential complex by the member seriously impairs or has seriously impaired the safety of any person and the act or omission occurs in the residential complex. 10. The number of persons occupying the member unit on a continuing basis results in a contravention of health, safety or housing standards required by law. 11. A notice of termination was given to the member for a circumstance described in paragraph 6, 8 or 10 and more than seven days but less than six months after the notice was given, an activity takes place, conduct occurs or a situation arises that constitutes the same circumstance under which the previous notice of termination was given. ; (2) Despite subsections 171.8 (1) and 171.12.1 (2) of the Co-operative Corporations Act, where the circumstance described in paragraph 11 of subsection (1) exists, the member’s membership and occupancy rights are deemed to have been terminated for the purpose of giving a notice of termination of the member’s occupancy of a member unit under this section. (3) For greater certainty, paragraph 2 of subsection (1) does not authorize a non-profit housing co-operative to give a member notice of termination of the member’s occupancy of a member unit on the ground that the member has ceased to be eligible for, or has failed to take any step necessary to maintain eligibility for, rent-geared-to-income assistance as defined in section 38 of the Housing Services Act, 2011.