“The following information is in draft form and is intended for consultation purposes only”.

Complaints and Appeals

As an applicant to the Northwest Territories Housing Corporation’s (NWTHC) Public Housing Program, or the Housing Choices program, you have the option to appeal certain decisions made by the NWTHC or a Local Housing Organization (LHO).

A complaint is an expression of dissatisfaction with a policy or procedure, product or service offered or provided. It may refer to dissatisfaction with the way that our personnel treated you at one of our district offices or at an LHO. Complaints are usually responded to in writing by the Minister or President of the Housing Corporation.

An Appeal is an expression of disagreement or dissatisfaction with a specific decision that has been made by a district office or LHO, and a request has been made for that decision to be reconsidered.

Who Can Appeal?

Applicants to the Public Housing Program and Housing Choices program may appeal certain decisions made by a district office or an LHO.

What decisions can be appealed?

• Declined application to be on a waiting list for public housing due to applicant’s ineligibility;
  
• The overall point rating allocated to public housing applicants who are approved and are on a waiting list for a unit;
  
• The size of a public housing unit that has been allocated to a public housing applicant;
  
• Declined renewal of a fixed-term lease for public housing;
  
• Declined application for a Housing Choices program due the applicant’s ineligibility which may include:
  
  o Verification of assessable income
  o Credit rating report
  o Arrears balance
  

What decisions cannot be appealed?

• Declined applications due to incomplete documentation provided by applicants;
  
• Declined applications due to applicants providing untruthful and/or misleading information;
  
• Declined applications for the Public Housing Program due to public housing rental arrears with no valid repayment plan;
  
• Declined Housing Choices applications due to applicant’s failure to attend the mandatory courses under the Solutions to Educate People (STEP) program;
  
• Declined applications because of budget limitations;
  
• Technical assessments completed by the Housing Corporation;
  
• Decisions based on the National Occupancy Standards;
  
• Decisions that do not directly relate to you or your household. For example, the allocation of public housing to another person.
  
• Housing Corporation policies, rather than how the policy has been applied to your circumstances.
  
• Any matters that falls under the Residential Tenancies Act.
  
• Matters involving an illegal activity and a criminal proceeding is being pursued against the applicant.
  
• Declined applications for programs administered by the Housing Corporation on behalf of the Canada Mortgage and Housing Corporation.
  

Is there a cost to the applicant to appeal?

No, it is free to appeal.

What if I need help with my appeal?

If you need help in completing your application form or speaking with the Housing Corporation, you can get someone to help you. For example, this can be a Social Worker, Doctor, or a friend. The Housing Corporation can arrange for an interpreter at no cost to you if you have difficulty understanding English. The Housing Corporation, including the Minister Responsible for the NWT Housing Corporation, cannot assist you with your application to appeal, but can refer you to someone who can.

When can I appeal?

When the Housing Corporation, or an LHO, makes a decision that you believe was made in error, you can make a request for an appeal. The written decision issued by a district office or LHO will state a deadline to file the appeal and where to obtain the necessary documents.

Levels of appeal

The first step in an appeal process is to talk to the District Director. Even if the applicant feels the District Director is the problem, there may have been some misunderstanding that can be easily sorted out and rectified. If the applicant does not feel that their concerns have been addressed satisfactorily through discussion(s) with the District Director, the applicant has the option to proceed to the next levels of appeal. There are two levels of appeal at this stage, the first being Level 1:

Level 1: The first level will consist of a five-member Interdepartmental Housing Appeal Committee (IHAC) composed of members from the Housing Corporation’s Programs, Policy and Finance divisions. Two members are also proposed to be from the Department of Education, Culture and Employment (ECE).

Level 2: For the second level, the Housing Corporation would partner with ECE to use its publicly appointed NWT Social Assistance Appeal Board. The NWT Social Assistance Appeal Board decisions are final.

How do I appeal?

Applicants must appeal in writing to the Housing Corporation’s Programs and District Operations section, located in the Housing Corporation’s headquarters in Yellowknife. They must use the Housing Corporation’s First-Level Appeal Form or Second-Level Appeal Form.

Is there anything else required besides the appeals form?

Through the appeals process, you are asking for a decision made by a district office or an LHO to be reviewed if you believe that:

• You were not given enough consideration to your individual circumstances;
  
• The decision was contrary to the Housing Corporation’s policies pertaining to the Public Housing Program or Housing Choices program;
  
• The policy was not interpreted correctly when the decision was made; and/or
  
• The way the district office or LHO reached their decision was not fair and correct.
  

Therefore, appellants are encouraged to provide documentation that supports their request for an appeal. Supporting documentation may include:

• a letter from the appellant (and his/her spouse or common-law partner, if applicable) explaining the situation;
  
• all correspondence received from and sent regarding the appellant’s application for a public housing unit, or application for a Housing Choices program; and
  
• any documentation supporting the appellant’s belief that he should have been allocated a public housing unit, or approved for assistance, or a higher level of assistance, under a Housing Choices program.
  

How does the appeal process work?

The NWTHC/ECE Interdepartmental Housing Appeal Committee (IHAC) should, within ten (10) business days from the date of receiving the request for an appeal, conduct a review and make a decision. IHAC will consider the established and relevant facts and whether:

• the original decision was consistent with policy;
  
• the policy was narrowly or harshly interpreted;
  
• your circumstances show that the decision was inappropriate;
  
• your circumstances and all relevant information were fairly and properly considered;
  
• there was any bias or prejudice involved on the part of the district office or LHO;
  
• any irrelevant information affected the decision, and;
  
• any relevant new information is available.
  

Once IHAC has completed its review, a written decision will be issued to:

• reverse the original decision and put a new decision in its place;
  
• maintain the original decision;
  
• change the original decision in part, or;
  
• withdraw the request for review if you ask for it to be withdrawn.
  

If you disagree with the first level decision made by the IHAC, you can appeal to the NWT Social Assistance Appeal Board. The Board should, should within twenty (20) business days from the date of receiving the request for an appeal, hear the appeal and issue a written decision. The Board will consider whether the process used to arrive at the decision of IHAC:

• was fair and reasonable;
  
• was made according to policy and guidelines; and
  
• fully considered your circumstances.
  

The Board’s review can result in the following decisions:

• concur with the decision of IHAC, or;
  
• concur with the request of the appellant.
  

The decision of the Board cannot be appealed.

More information

If you have any questions about the information in this fact sheet or any other housing related matter, you can:

• Contact a district office, Monday to Friday, 8:30am – 5:00pm (closed public holidays). Office hours may vary in some locations.
  
• Contact the Programs and District Operations division in the Housing Corporation’s headquarters in Yellowknife at (867) 873-7858.