Section 95 Program (1979–1985)

Exterior of Arcadia housing co-operative

Program Objectives

  • To provide modest, affordable housing appropriate to the needs of low- and moderate-income families and individuals
  • To produce housing at minimum cost by implementing appropriate cost controls
  • To encourage approved lenders to provide capital for low- and moderate-income Households

Program Features

  • Unilateral federal program
  • Income-mixing
  • 100 % financing for eligible costs provided through Canada Mortgage and Housing Corporation (CMHC)-insured loan from NHA-approved lender (On maturity of these loans, CMHC has been providing direct loans, insured by the MIF)
  • Short-term (typically five-year) renewable mortgage loan at market interest rate; maximum 35-year amortization period
  • Annual federal assistance equal to difference between cost of amortizing 100 % of approved capital cost of co-op’s shelter   component at approved mortgage interest rate, and amortization cost at two % payable for 35 years
  • Assistance initially used for two purposes:
    • predetermined assistance to bridge gap between co-op’s economic rent (actual debt service and operating costs) and its revenue potential at low-end-of-market rent
    • income-tested assistance to bridge gap between co-op’s full occupancy charge and reduced charges based on households’ incomes (incomes verified annually, for assisted households only)
  • Predetermined assistance reduced at rate that increases share of co-op debt service paid from co-operative’s own resources by five % annually, compounded
  • Reduction in predetermined assistance added to pool of income-tested assistance income-tested assistance unused by year end may be reserved, provided co-op is not in receipt of continuing provincial or municipal assistance; when reserve exceeds $500 per unit plus interest, excess must be returned to CMHC
  • Depending on the specific operating agreement, at least either 15 % or 25 % of households must be subsidized, provided sufficient income-tested assistance is available.

CMHC Authority under Operating Agreement

  • Right to change Graduated Occupancy Charge Scale for households paying less than regular occupancy charge
  • Right to define income
  • Right to inspect co-op’s books and records at any reasonable time
  • Right to approve annual replacement reserve contribution and maximum level of reserve, in consultation with co-op
  • Right to designate additional eligible replacement reserve expenditures not listed in agreement
  • Right to designate form of Annual Project Data Report (APDR)
  • Right to request, for statistical purposes, explanations of information contained in APDR
  • Right to inspect property
  • Right to suspend or terminate assistance in event of breach of agreement
  • Right to be informed when co-op enters into a contract for management, other than an employment contract
  • Discretionary right to approve allocation of vacant units to non-income-tested occupants if co-op is not meeting minimum requirement of 15 % low-income households
  • CMHC approval required for investment of replacement reserve funds and surplus subsidy funds outside of eligible investments listed in agreement (does not apply during operating agreement extension)
  • Co-op may not mortgage or encumber property without CMHC’s approval (does not apply during operating agreement extension)
  • Co-op may not sell or otherwise dispose of all or part of property without CMHC’s approval
  • Co-op may not lend or give away funds or guarantee obligations of a third party without CMHC’s approval (restriction does not apply to member capital)
  • CMHC approval of co-op auditor required, other than for auditor with recognized accreditation
  • CMHC approval required for changes to incorporation documents that would change co-op’s non-profit status

Accountability Framework

  • Operating agreement
  • Annual audited financial statement and information return
  • Co-op fully responsible for operating results

Program Guidelines for S95 Co-ops (Pre-86)

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Tip of the Month

No Vacancy Loss

28% of Agency clients lost no money to vacancies last year. Good, if this means members chose to stay in their units. Bad, if new members moved into units that hadn’t been refreshed.