Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Act 2015 (NSW)
Friday 6 November 2015 @ 9.11 a.m. | Legal Research
The New South Wales Government assented the Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Act 2015 on the 22 October 2015. The act essentially allows for certain amendments to the Residential Tenancies Act 2010 and the Housing Act 2001 to facilitate the termination of public housing tenancies for anti-social behaviour.
Background to the Act
The Act will establish a scheme for social housing providers to record strikes against tenants for breaching tenancy agreements. In the event of three or more breaches occurring within twelve months, it allows for a termination order to be handed to the tenant. Furthermore, the Act requires that the Civil and Administrative Tribunal make a termination order where the premises occupied by the tenants are being used for serious crimes such as drug manufacture, the storage of firearms, or violence involving grievous bodily harm.
The Act also introduces a scheme for the submission of neighbourhood impact statements from those affected to allow the Tribunal to have an appreciation for the effect that the behaviour of a tenant has on his/her surrounding neighbourhood.
Ultimately, the act seeks to improve the behaviour of a minority of tenants engaging in anti-social behaviour and to create a safer community for the majority of law-abiding tenants.
According to the NSW Minister for Social Housing, Brad Hazzard:
“The provisions within the [Act] will allow social housing landlords to intervene more effectively to better deal with people who engage in antisocial, illegal and fraudulent behaviour. This new approach will ensure it is balanced with the need to protect the rights of people who experience a range of vulnerabilities, including mental illness, and/or are subject to domestic and family violence.”
The NSW government is currently in the process of developing new policies and processes to support this new approach and to ensure that the system continues to be fair for all.
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Sources:
Residential Tenancies and Housing Legislation Amendment (Public Housing - Antisocial Behaviour) Act 2015 as reproduced on TimeBase LawOne (subscription link needed)
