Most rental housing is covered by the guideline rule but there are some exceptions. Here are some of the types of rental housing that are not covered by the guideline:
- a unit where the rent is subsidized or based on the tenant's income,
- a unit that was never occupied for any purpose before June 17, 1998 (NOTE: The government has introduced a bill that, if passed, will extend guideline coverage to these units, unless the notice of rent increase was served before April 20, 2017),
- a building that had no one living in it before November 1, 1991 (NOTE: The government has introduced a bill that, if passed, will extend guideline coverage to these buildings, unless the notice of rent increase was served before April 20, 2017), and
- a unit where the tenant has to share kitchen or bathroom with the landlord. (And in this situation, the landlord doesn't have to give you 90 days' written notice and doesn't have to wait 12 months between increases.)
If your landlord has given you a Notice of Rent Increase, check to see if it is on a Form N1 or Form N2. A Form N2 means your landlord believes you are not covered by the guideline. The form does not require the landlord to say why they think you are not covered, so you should ask them if you are not sure of the reason.
If you are not sure if you are covered or if your landlord has used the right form, check with a lawyer or legal clinic.
If you are not covered by the guideline, and the landlord has given proper notice of the increase, you will have to pay the new rent unless you can get your landlord to agree to a lower amount.