Page 1697 - Week 05 - Thursday, 5 May 2016
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(4) What Housing ACT policies and procedures apply to the bond payable for public housing tenancies and can the Minister provide copies of those policies and procedures.
(5) Further to Part 4 of the Residential Tenancies Act 1997 which deals with the termination of residential tenancy agreements, including eviction, what considerations does Housing ACT take into account when handling an eviction matter and can the Minister provide copies of any policies and procedures that set out those considerations.
(6) What current Determinations, if any, apply to the eviction of Housing ACT tenants and can the Minister provide copies of those current Determinations.
(7) What Housing ACT policies and procedures apply to those Housing ACT tenants wanting to purchase their public housing property and can the Minister provide copies of those policies and procedures.
Ms Berry: The answer to the member’s question is as follows:
(1) Action to evict a public housing tenant is taken only as a last resort and is only pursued in cases where tenants are substantially behind in their rent, and have refused to take reasonable steps to address their debt, or where tenants have persistently failed to meet their tenancy obligations. The process is defined in the Residential Tenancies Act 1997. A copy of the legislation is available on the ACT Legislation website at http://www.legislation.act.gov.au/a/1997-84/current/pdf/1997-84.pdf. Clauses relevant to the Termination of a Residential Tenancy Agreement are contained in Part 4 of the Act (termination of residential tenancy agreements).
(2) See answer to question (1). In addition a Fact Sheet “Eviction” is available on the Community Services Directorate (CSD) website http://www.communityservices.act.gov.au/hcs/publications/factsheets/eviction
(3) Eligibility for Public Housing is administered by the Public Rental Housing Assistance Program (PRHAP). A copy of the Program is on the ACT Legislation website at http://www.legislation.act.gov.au/di/2013-52/current/pdf/2013-52.pdf. The fact sheet detailing the application process is available on the CSD website at http://www.communityservices.act.gov.au/hcs/publications/fact_sheets/registering-for-housing-assistance.
(4) Public Housing Tenants are not required to lodge a rental bond.
(5) The removal of a public housing tenancy is a serious matter and the Delegate to the Commissioner for Social Housing complies with the obligations imposed by parts 4 and 5A of the Human Rights Act 2004 in consideration of whether an application for termination of a tenancy should be made to the ACT Civil and Administrative Tribunal.
(6) There is one relevant determination related to tenancy terminations under the Housing Assistance Public Rental Housing Assistance Program (Review of entitlement to housing assistance) Determination 2013 (No 1) Notifiable Instrument NI2013 – 533. This determination applies to considerations to remove housing assistance for those households where the income of the tenant and their domestic partner exceeds $94,855.70. The Notifiable instrument is available on the ACT legislation website http://www.legislation.act.gov.au/ni/2013-533/default.asp
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