Tenants rights and estate redevelopment

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Tenants rights and estate redevelopment

• Presentation to the Shelter NSW seminar Renewing
  the Estate June 2003
• Tenants Union of NSW

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Three ways of thinking about tenants rights and
interests

• 1. Rights under the Residential Tenancies Act
• 2. Expectations under housing policy
• 3. Community commitments made by the Department
  of Housing

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and one question

• How does the Department of Housing address these
  rights and expectations?

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1. Rights under the Residential Tenancies Act

• Rights for all tenants (public and private
  tenants alike)
• repairs (including urgent repairs)
• quiet enjoyment (including access by landlord)
• termination process
• one exception
• Public housing tenants paying rebated rents
  cannot get s 47 rent reductions

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1. Rights under the Residential Tenancies Act

• How does the Department address rights under the
  Residential Tenancies Act?
• Tenants can hold the Department accountable in
  the CTTT
• Some special issues for the Department
• the scale of redevelopments (much larger than
  private sector redevelopments)
• misconceptions about landlords duties

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2. Expectations under housing policy

• The Department has obligations
• as a landlord
• as a government agency
• Additional obligations to individual clients
  under administrative law

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2. Expectations under housing policy

• Legitimate expectations
• Government agency must act according to natural
  justice (procedural fairness) where a decision
  affects an individuals legitimate expectations

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2. Expectations under housing policy

• Public housing tenants legitimate expectations
• the CSHA
• The aim of this agreement is to provide
  appropriate, affordable and secure housing
  assistance for those who most need it, for the
  duration of their need (CSHA 1999, Recital C)
• the published policies of the Department

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2. Expectations under housing policy

• For public housing tenants
• a legitimate expectation of continuing
  assistance
• a stake in housing beyond just their current
  tenancy

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2. Expectations under housing policy

• How does the Department address these
  expectations?
• Published policies Relocating tenants
• same type of tenancy
• same rate of rent rebate
• When policy not followed, advocacy needed

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2. Expectations under housing policy

• How does the Department address these
  expectations?
• Vague policy
• process for offers of rehousing
• A problem for both tenants and Department staff

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2. Expectations under housing policy

• How does the Department address these
  expectations?
• Insensitive interactions with tenants
• loaded interviews
• decanting tenants

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3. Community commitments

• Community interests and social interests - the
  big picture issues
• whether to redevelop in the first place
• social mix (how much public housing?)
• amenities (what the redevelopment provides)

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3. Community commitments

• Whether to redevelop in the first place?
• no consultations on this - just an announcement
• Erskineville tenants themselves made this the
  issueunsupported by the Department

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3. Community commitments

• Social mix - how much public housing?
• no consultation on this
• Minto 70 per cent private housing but what is
  the basis for this?

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3. Community commitments

• What amenities are to be provided?
• Department does consult (masterplan)
• but
• no resources for informed consultation
• why should tenants not coming back be bothered?

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Redevelopment policies and procedures

• Back to the drawing board
• resources for advocacy and consultation
• a comprehensive redevelopment policy document
• consultation on all aspects of redevelopment