Page 2180 - Week 06 - Thursday, 8 June 2017
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(7) What rights and recourses do residents have if they find themselves disturbed by the conduct of an approved or unapproved business activity within a public housing precinct.
(8) What action is Housing ACT obligated to take when receiving complaints of possible or persistent illegal activities occurring in or being conducted from public housing premises.
Ms Berry: The answer to the member’s question is as follows:
(1) While Housing ACT is in the business of providing housing outcomes for some of those most vulnerable in the ACT community, public housing tenants are not subject to any more restrictions than any other member of the community. As a result home businesses must comply with the ACT Government rules for home based businesses that can be accessed via the Access Canberra website and comply with their obligations under the residential tenancy agreement and if applicable, the rental rebate policy.
(2) As noted above public housing tenants are not subject to any more restrictions than any other member of the community and as a result businesses compatible with being operated from the individual tenanted premises are allowed.
(3) There is no formal application process that a tenant needs to undertake. However, premises are let to be homes not businesses and as such tenants looking to start a business should advise Housing ACT and ensure that they have met or are capable of meeting all the requirements of that business including licences and public liability insurance.
If the premises require modification in order for a business to be able to be undertaken, there is a formal application process via Housing ACT which needs to be undertaken before any modifications are done.
(4) I refer the member to the answer to question 1.
(5) Housing ACT does not have any small business incentives. However, Housing ACT is supportive of its tenants and their residents undertaking educational and lawful employment opportunities including the opportunity to enjoy the benefits of being self employed business operators.
(6) Tenants who are running businesses from their tenancies are still required to meet their tenancy obligations which include not to cause a nuisance or interfere with the quiet enjoyment of neighbours and to keep the premises reasonably clean.
(7) All complaints or concerns relating to public housing properties should be raised with the Housing ACT complaints unit.
(8) All complaints and concerns raised about public housing properties are investigated and Housing ACT does not condone the use of its properties for illegal purposes, however, under the Residential Tenancies Act 1997, such use is only a breach of the tenancy agreement if the illegal use is to the detriment of the lessor’s interest in the property. All illegal acts should be reported to the Police as the responsible agency to determine appropriate action.
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