Transcript Housing Appeals Committee

NSW Housing Appeals
Committee
Community Agencies
Information Forum 2011
The Housing Appeals
Committee (HAC)
Is an independent body that:
Reviews decisions of social housing
providers
Promotes excellence in social housing
provider policies & decision making
HAC jurisdiction
Appeals by clients of social
housing:
Housing NSW
Community Housing providers
Dispute resolution roles in NSW
The Consumer
Trader and
Tenancy
Tribunal (CTTT)
The Housing
Appeals
Committee
(HAC)
The NSW
Ombudsman
resolves disputes
between tenants
and landlords
under the
Residential
Tenancies Act
reviews decisions
made under
social housing
policy by public
and community
housing
investigates
complaints
against the
conduct of public
sector agencies
Steps to appeal
First level
internal
appeal
Decision
Housing
Appeals
Committee
What decisions can be
appealed?
Eligibility for wait-turn housing
Priority Housing
Private Rental Subsidy (PRS)
Private rental products (e.g. Rentstart)
Locational need
Dwelling requirements (housing type / size)
Offers of housing
Length of lease
What decisions can be
appealed cont.
Transfer eligibility
Former tenant classifications
Property modifications for medical/
disability needs
Succession of tenancy
Calculation of rental subsidy
Cancellation of rental subsidy (e.g. for
allegations of rental fraud)
Housing Pathways & Appeals
Changes in the way applicants and tenants
apply for housing assistance from mid 2010
Separate lists now combined into a single
state-wide Housing Register
One common application form
People can be listed for public and/or
community housing
Pathways issues
Clients are now assessed for all suitable
housing options
Confusion can occur about what a client has
been assessed and not assessed for
Documentation requirements of new form
Timeframes have become extended due to
workload of new system
Appeal Hearings
All clients are interviewed as part of the appeal
process:
- 85% face to face
- 15% by telephone
Most hearings are held within 4 weeks of receiving
the appeal
Only HAC members and the clients (+ support) are
present at the hearing. The housing provider does
not attend
Clients can give permission for others to speak on
their behalf
Hearing Process
2 or 3 Committee members sit at each hearing
– they usually take about an hour
The Committee reviews all relevant information
in the client’s file including any new information
presented by the client
Clients may be accompanied by advocates,
friends or family for support
HAC Statistics 2010/2011
355 appeals were heard last year
336 were from Housing NSW clients
19 were from community housing clients
Only 12 appeals were from Aboriginal clients
Appeal Types: Housing NSW
Appeal Types: Community
Housing
Appeals: areas of concern
Low number of appeals from Aboriginal people
- yet many live in social housing or have
difficult housing issues
Community housing clients are not as aware
of the appeals process
Homeless people without support often find it
difficult to put in an appeal
Advice for advocates
Have the decision in writing and understand the
rationale behind the decision
Don’t rely only on local negotiation - use the
appeals process!
Encourage clients to appeal even if you think the
appeal is likely to be unsuccessful
Help the client to gather all relevant support
documentation
Be available to attend the hearing with the client
or support them over the phone
For more information or
advice
Talk to us on:
Telephone: 1800 629 794 or 02 8741 2555
Email: [email protected]
Visit us at:
Website: www.hac.nsw.gov.au
Discussion Points

What are the main kinds of housing
issues for the clients you assist?
–

Discuss what issues and decisions could be
appealed
What do you think the barriers are to
clients using their appeal rights?
–
What can you suggest to help with overcoming
these barriers?