Does the guideline apply to all tenants?
Normally, the guideline amount does not apply to:
- a building or new addition that had no one living in it on or before November 15, 2018
- a self-contained apartment created after November 15, 2018 in a house that contained no more
than two units on or before that date, if:
- the owner lived in the house at the time the apartment was first lived in, or
- the apartment was created in previously unfinished space
In these units, the landlord can normally increase the rent by any amount they choose. But the 12 month and 90 day rules still apply.
But the rent freeze for 2021 does apply to these newer units. So even if your building was first occupied or your unit was created after November 15, 2018, your rent cannot be increased in 2021 unless your landlord gets approval from the LTB.
Also, the guideline normally does not apply to tenants in public housing and non-profit housing, whether they pay market rent or rent geared to income (RGI). But the rent freeze for 2021 does apply to most of these tenants.