Tenancy Policy Supplement

This document provides additional information to support the following policies of the Department of Family and Community Services – Housing NSW:

Index

Starting a tenancy

1. Client under 18 years of age
2. Sign up will not proceed
3. Approving a joint tenancy

During a tenancy – Looking after your home

1. Situations in which maintenance will be carried out more quickly

During a tenancy – Use of the premises and the right to quiet enjoyment

1. Running a business from the property
2. Companion animals
3. Restricted dogs
4. Dangerous dogs
5. Complying with the Companion Animals Act
6. Determining if the property is suitable for a certain type of animal
7. When a vehicle is treated as abandoned or is causing a nuisance
8. When a vehicle may cause a breach of the tenancy agreement
9. Approving additional occupants
10. Applying visitor sanctions to individual tenancies
11. Applying visitor sanctions to a group of tenancies, within a complex, precinct or area

During a tenancy – being away from the property

1. Approving an absence from the property
2. Acceptable absences
3. Tenants going to prison
4. Tenants going into a nursing home

During a tenancy – contact with tenants and access to the property

1. Client Service Visits
2. New tenancies
3. What tenants can expect of Housing NSW staff when arranging and conducting client service visits

During a tenancy – lease reviews

1. Type and length of leases offered
2. Assessment criteria for allocating the length of lease
3. Evidence requirements to determine length of lease
4. Changing the length of lease after sign up
5. Lease reviews
6. Exemptions
7. Change of circumstances after lease review
8. Transition assistance
9. Previous lease review income limits

Changing a tenancy – grounds for priority transfers

1. At risk
2. Medical condition and/or disability
3. Harassment
4. Employment
5. Compassionate
6. Severe overcrowding
7. Family breakdown/separation
8. Tenancy reinstatement

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Changing a tenancy – grounds for wait turn transfers

1. Moderate overcrowding
2. Under occupancy where the tenant has requested a transfer due to excess bedrooms

Changing a tenancy – Relocating tenants for management purposes

1. Relocations for portfolio management purposes
2. Relocations for tenancy management purposes
3. Relocation of younger tenants from Senior Communities properties
4. The Relocation process
5. Restriction and approval of rehousing location
6. Assistance with the relocation process
7. Relocation offers
8. Decision to give the tenant notice that Housing NSW intends to issue a Notice of Termination
9. Eligible to request to return to a property after redevelopment
10. Approval to return to a property after redevelopment

Changing a tenancy – mutual exchange

1. Criteria for approving a mutual exchange

Changing a tenancy – succession of tenancy

1. Common assessment criteria
2. Specific Assessment Criteria

Changing a tenancy – Type and length of lease offered after changing a tenancy

1. Type and length of lease after a transfer or mutual exchange
2. Type and length of lease after tenancy reinstatement approval
3. Type and length of lease after succession of tenancy

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Ending a tenancy – Categorising a tenancy

1. Eligible for a statement of satisfactory tenancy
2. Satisfactory former tenants
3. Less than satisfactory former tenants
4. Unsatisfactory former tenants
5. Former tenants who are ineligible for public housing

Starting the tenancy

1. Client under 18 years of age

Clients under 18 years of age must understand the tenancy agreement, which must be explained by a solicitor or the NSW Trustee and Guardian. The client's understanding is evidenced by a signed certificate of understanding (including a Rent Valuation Statement) from a solicitor or the NSW Trustee and Guardian.

2. Sign up will not proceed

A sign up will not proceed in the following circumstances:

• There is doubt that the person attending the sign-up appointment is actually the client who has been offered the tenancy.
• The client appears to be intoxicated or under the influence of drugs.
• The client is behaving aggressively and causing a risk to others.
• It becomes apparent that the client does not understand what is going on (whether due to language difficulties or incapacity).
• It becomes apparent that the client does not have the necessary living skills to maintain a tenancy and there is no support plan to address the issue.
• The client states that they no longer want to accept the offer of housing and/or the type and length of lease offered.
• It becomes apparent during the sign-up appointment that the property will not adequately meet the client's known housing and locational needs.
• The client does not have all required documents for sign up (such as identification, proof of income, etc).
• Both participants of a joint tenancy are not present.
• Information on the Sign Up Declaration conflicts with the client's eligibility for housing.
• The client will not pay rent in advance. Where a client is entitled to a rent subsidy, Housing NSW will ask the client to pay their estimated subsidised rent.

3. Approving a joint tenancy

Where a joint tenancy is requested at the time of sign up, all applicants must meet the eligibility criteria for social housing.

Where an application for a joint tenancy is made by an existing tenant:

• All the people applying to be added to the tenancy agreement must meet the eligibility criteria for social housing, and
• There must be no outstanding arrears for the existing tenancy accounts, and
• The premises must be suitable for the household size, and
• The person applying to become a joint tenant must be an authorised member of the household.

For more information on the eligibility criteria for social housing, see the Eligibility for Social Housing Policy.

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During a tenancy – looking after your home

1. Situations in which maintenance will be carried out more quickly

Maintenance will be carried out more quickly when:

• There is an immediate threat of danger due to health, safety or security risks.
• There is a threat to the safety or security of the tenant.
• Essential items are not working.
• Housing NSW determines that general repairs cannot wait for the planned works program.

During a tenancy – use of the premises and the right to quiet enjoyment

1. Running a business from the premises

Housing NSW will only give approval to operate a business if it is satisfied that both the business and the tenant:

• Will comply with any relevant laws and local government regulations that apply to operating a business from a residential property, including, where relevant, seeking any necessary approval from the local council prior to starting the business, and
• Will not increase wear and tear over and above the level that would be normal for a home, or increase utilities (such as non-metered water in flats) that increase Housing NSW's costs, and
• Will not make any alterations or additions to the property without seeking written approval from Housing NSW, and
• Will meet their obligations under the Tenancy Agreement, in particular, where the tenant agrees ‘not to cause or permit a nuisance, and not to interfere or cause or permit any interference with the reasonable peace, privacy or comfort of any neighbour', and
• Has a current public liability insurance policy appropriate to the type of business, and
• Will not expose Housing NSW to excessive risk, and
• Will comply with other relevant Housing NSW policies.

Evidence criteria include:

• A document outlining the approval of the local council or any other relevant authorities, and
• A public liability insurance policy certificate.

2. Companion animals

Companion animals include:

• Cats.
• Dogs (including dogs such as working dogs and trained assistance animals such as Seeing Eye or hearing dogs).
• Any animal that is prescribed by the regulations.

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3. Restricted dogs

Restricted dogs include:

• Pit bull terriers.
• American pit bull terriers.
• Japanese tosas.
• Argentinean fighting dogs (filo Brasileiro).
• Other dogs such as guard dogs used by security personnel.

4. Dangerous dogs

Dangerous dogs are dogs that have been declared dangerous by a local council or local court. These include dogs that attack without provocation, or kill a person or animal, or repeatedly threaten to attack or chase a person or animal.

5. Complying with the Companion Animals Act

To comply with the Companion Animals Act, a person must:

• Ensure that the animal does not harm or threaten any other person or animal.
• Ensure dogs are contained on the property and not allowed to roam.
• Ensure dogs and cats do not cause a nuisance by persistently making a noise, straying or interfering with other people's property.
• Ensure dogs and cats are micro chipped and registered if they are born or change owners after 1 July 1999.

6. Determining if the property is suitable for a certain type of animal

When determining if a property is suitable for a certain type of animal, Housing NSW will consider:

• The amount of open space available on the property, and
• Requirements of the local council, and
• The size and type of animal and its suitability to the property, and
• The likelihood of damage to the property, and
• The likelihood of interference with neighbours, even if the neighbours have not yet made a complaint.

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7. When a vehicle is treated as abandoned or is causing a nuisance

Housing NSW will treat a vehicle as abandoned if:

• It is causing a health or safety hazard, or
• It is left by a current or former tenant, or
• The owner of the car cannot be found after Housing NSW has made every reasonable effort to establish the owner's identity and whereabouts.

8. When a vehicle may cause a breach of the tenancy agreement

A tenant will be in breach of their tenancy agreement where a vehicle:

• Causes a nuisance to other residents because it is blocking access to common areas, including derelict vehicles left in resident car park spaces.
• Interferes with the comfort of surrounding neighbours because it is occupying car spaces allocated for visitors.
• Represents a hazard because it is in a state of disrepair and has been left in a common area.

9. Approving additional occupants

In most cases, Housing NSW will approve applications for additional occupants if:

• It does not cause severe overcrowding, and
• The additional occupant does not have a poor record of tenancy with Housing NSW, and
• Housing NSW is reasonably satisfied that nuisance will not occur by allowing the person as an additional occupant, and
• The household composition is suitable for the type of property. For example, if an additional occupant wishes to take up residency in a Senior Communities property, Housing NSW will only approve the application if the composition remains consistent with the objectives of Senior Communities, and
• If the additional occupant owes any money to Housing NSW from a previous tenancy, the occupant has made arrangements to repay the debt, and
• If the additional occupant has a current tenancy with Housing NSW, this tenancy must be finalised, and
• The additional occupant is not an unsatisfactory or ineligible former tenant.

Housing NSW may defer approval for an additional occupant if the tenant's rent account is in arrears.

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10. Applying visitor sanctions to individual tenancies

A visitor sanction will be applied if there is evidence that:

• Previous visitors to the tenancy have not met the standard of behaviour required by Housing NSW under the residential tenancy agreement, or
• The tenant or members of their household are not meeting the standard of behaviour required under the residential tenancy agreement, or
• New people have joined the household (including visitors who are staying more than 28 days) and the tenant has not asked for approval from Housing NSW, or
• In the case of tenants who receive a rent subsidy, they have not declared the income of all people living in the household (including visitors who are staying more than 28 days) to Housing NSW.

11. Applying visitor sanctions to a group of tenancies within a complex, precinct or area

Housing NSW will apply a visitor sanction if it has a strategy directed to combating anti-social behaviour in the complex, precinct or area based on:

• Evidence of serious or repeated instances of criminal behaviour or anti-social behaviour that pose a risk to neighbours, Housing NSW staff, others in the community or Housing NSW property, and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area, or
• Evidence of serious or repeated instances of behaviour that are unacceptable in a Housing NSW managed tenancy and cannot be addressed by applying a visitor sanction to one or more individual tenancies in the complex, precinct or area.

When deciding whether or not to apply a visitor sanction, Housing NSW will consider the merits of all relevant information, including:

• Orders made by the Consumer, Trader and Tenancy Tribunal.
• Police reports.
• Witness incident reports.
• Apprehended violence orders.
• Local Government orders.
• Records collected or created by Housing NSW such as file notes, rent subsidy records, letters or reports provided by other people or organisations, forms and photographs.

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During a tenancy – being away from the property

1. Approving an absence from the property

Housing NSW will approve an absence from the property if it is satisfied that:

• The tenant has made arrangements to pay their tenancy charges, such as rent and water usage, while they are away. In some cases, the minimum rent may apply. For more information see the Charging Rent Policy. In some cases, water usage charges may be adjusted. For more information see the Water Usage Charges Policy.
• The property will be adequately cared for while the tenant is away.
• The tenant has an acceptable reason for going away.

2. Acceptable absences

Acceptable reasons for absences up to six months include:

• Caring for sick/frail family members.
• Hospitalisation, institutional care, nursing home care or rehabilitation.
• Escaping domestic violence, harassment or threats of violence.
• Assisting with immigration matters in the country of origin.
• Holidays.
• Employment, education or training.

Housing NSW will not approve repeat absences relating to holidays, assisting with immigration matters in the country of origin or employment/training.

3. Tenants going to prison

If a tenant is going into prison, or is an Accord client who is participating in a rehabilitation program, they can apply to retain the tenancy for up to three months. However, if Housing NSW is reasonably satisfied that the imprisonment will be in excess of three months, Housing NSW can ask the tenant to relinquish the tenancy immediately.

Housing NSW will consider each case on its merits. However, if the reason for imprisonment is related to a breach of the tenancy agreement, Housing NSW will take action to terminate the tenancy. If the tenant has not been released from prison at the end of three months, Housing NSW will consider an application for succession of tenancy from a remaining household member, or terminate the tenancy.

4. Tenants going into a nursing home

If the tenant is in a nursing home, Housing NSW will not approve requests for absence beyond the initial six months. The tenant should relinquish the tenancy or ask Housing NSW to consider an application for succession of tenancy from a remaining household member.

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During a tenancy – contact with tenants and access to the property

1. Client service visits

Housing NSW conducts client service visits to keep up to date with tenancy management needs such as:

• Finding out about problems a tenant may be experiencing with their tenancy such as maintenance issues, problems with neighbours, difficulties paying rent or property care issues.
• Identifying if tenants need support to live independently, or need to be linked in with support services to maintain their tenancy.
• Ensuring that a tenant aged over 60, or 45 if Aboriginal, has been contacted.
• Confirming who is living at the property and that the correct amount of rent is being paid.
• Updating Housing NSW's information about the condition of the property.
• Discussing any plans Housing NSW may have for the property, such as painting or other maintenance.
• Confirming that both the tenant and Housing NSW are meeting their obligations under the tenancy agreement.

2. New tenancies

A Housing NSW staff member, usually the Client Service Officer managing the property, will visit each tenant shortly after their new tenancy starts. New tenancies include:

• Tenants who are in their first tenancy with Housing NSW or the Aboriginal Housing Office.
• Tenants who are in a new property after a transfer or mutual exchange.

3. What tenants can expect of Housing NSW staff when arranging and conducting client service visits

Tenants can expect that Housing NSW staff arranging and conducting client service visits will:

• Give at least seven days written notice of the client service visit. This is consistent with the Residential Tenancies Act 2010.
• Reschedule a visit for a more convenient time if the tenant advises that the proposed date or time is inconvenient.
• Tell them the purpose of the client service visit.
• Treat them with courtesy and respect, in line with Housing NSW's Code of Conduct.
• Enable tenants to arrange to have a support person with them during the client service visit, if they wish.
• Arrive well prepared for the client service visit by bringing any necessary information or paperwork with them.
• When conducting the visit, wear their Housing NSW photo identification and carry a business card to leave with the tenant if necessary.
• Confirm clearly the outcomes of the client service visit and the broad timeframes for any actions agreed during the visit.
• Keep a written record of any agreements made with the tenant during the visit.

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During a tenancy – lease reviews

1. Types and length of leases offered

Fixed term leases of two, five or ten years:

Since 23 October 2006, most clients housed by Housing NSW are offered a two, five or ten year lease.

Ten year leases are for clients with ongoing housing and support needs that are unlikely to decline over the next five years.

Five year leases are for clients with housing and support needs that will most probably continue in some form over the next five years.

Two year leases are for clients:

• With transitional or temporary support needs that will probably decline over the next two years, or
• The client's continuing need for public housing is unclear over the next 5 years because the household's financial circumstances may improve.

Fixed term leases of 12 months:

Housing NSW offered 12 month leases to existing tenants who:

• Had an 18 month interim lease, and
• Underwent a review at the end of their 18 month lease, and
• Were not eligible for a two, five or ten year extension to their lease.

From May 2008, Housing NSW ceased to offer 12 month fixed term leases.

Fixed term leases of three months

Three month leases are for clients who are offered Emergency Temporary Accommodation. 

Fixed term leases of six months

Six month leases are for clients who:

• Are offered housing and,
• Are former tenants of a Housing NSW managed property, and
• Were classified as unsatisfactory or less than satisfactory when they left their previous Housing NSW tenancy.

Interim leases

Housing NSW offered interim leases to clients who signed a lease from 1 July 2005 to 20 October 2006 during a transitional period when Housing NSW was developing the arrangements for two, five and ten year leases. From 23 October 2006 Housing NSW ceased to offer 18 month interim leases.

Continuous Leases

Continuous leases apply to tenants who were housed before 1 July 2005 and who have lived continuously in a property owned or managed by Housing NSW since being housed. Continuous leases do not have a set end date. The lease continues as long as the tenant wants to live in public housing, provided the tenant meets the terms and conditions of their lease.

Housing NSW no longer offers continuous leases to new tenants starting a tenancy in a property owned or managed by Housing NSW.

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2. Assessment criteria for allocating the type and length of lease

Fixed term lease of ten years

The client or another approved member of the household:

• Is aged 65 years or over, or
• Is an Aboriginal or Torres Strait Islander person aged 45 years or over, or
• Receives support from a person receiving the Centrelink Carer Payment or Carer Allowance (this carer does not need to reside in the property), or
• Receives support from one of the following programs:
  • Attendant Care Program.
  • ADAHPT (Aids, Dementia & HIV Psychiatry Team) Service.
  • Children's Home Ventilation Program.
  • High Needs Pool (Care Program).
  • HASI 1, 3 or 4 (Housing and Accommodation Support Initiative 1, 3 or 4).
  • Lifetime Care and Support.
  • Community Aged Care Package.
  • EACH (Extended Aged Care at Home) Package.
  • Ventilator Dependent Quadriplegic Program.

Fixed term lease of five years

• The client's household includes at least one child under 10 years of age, or
• The client or another approved member of the household:
  • Is in receipt of a Disability Support Pension, Age Service Pension, Invalidity Service Pension, Partner Service Pension, Carer Payment, Carer Allowance or Mobility Allowance, or
  • Is a client of the NSW Trustee and Guardian
  • Is a client of the NSW Public Guardian, or
  • Is participating in the Brain Injury Rehabilitation Program, or
  • Is participating in a Transition to Work Program or Community Participation Program, or
  • Is a young person aged 16-18 years leaving the care of Community Services, Out-Of-Home Care, or juvenile detention and receiving the Youth Disability Supplement, or
  • Has an enduring (permanent, or likely to be permanent) disability, medical condition or permanent injury restricting everyday activities, but does not receive support from a listed program, and
  • Can show that because of their condition, significant hardship would occur if a two year fixed term lease was offered (instead of a five year fixed term lease).

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Fixed term lease of two years

• The household is eligible for housing in a property owned or managed by Housing NSW but does not meet the assessment criteria for any of the other types and lengths of lease listed in this section, or
• The household is not eligible for a lease extension but can demonstrate a severe and continuing need to stay in public housing. For more information see Assessment Criteria for Exemptions.

Fixed term lease of 12 months

The tenant:

• Had an interim 18 month lease, and
• Housing NSW assessed them as ineligible for a two, five or ten year extension to their lease at lease review.

Fixed term lease of six months

The tenant had a former tenancy with Housing NSW, which was classified as unsatisfactory or less than satisfactory due to having a record of substantiated nuisance and annoyance.

Fixed term lease of three months

The tenant is housed through emergency temporary accommodation.

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Interim 18 month fixed term lease

The tenant:

• Was housed in a Housing NSW managed property on or after 1 July 2005 but before 22 October 2006, or
• Was approved for another lease at the end of a six month fixed term lease, and
• The six month fixed term lease ended between 1 July 2005 and 22 October 2006.

Continuous lease

The tenant:

• Was housed before 1 July 2005, and
• Is listed as a tenant or joint tenant on the lease, and
• Since being housed, has lived continuously in a property owned or managed by Housing NSW, or a leasehold property managed by a community housing provider under the long-term Community Housing Leasing Program.

Tenants who signed renewable tenancy agreements are included in this category.

A tenant who is entitled to be in this category cannot lose their entitlement to a continuous tenancy by signing a new lease or moving to a different property. This means they cannot lose an entitlement by:

• Signing a new lease.
• Creating a joint tenancy with a spouse or de-facto partner.
• Transferring to another public housing property.
• Being relocated by Housing NSW for management purposes.
• Moving from an Aboriginal Housing Office property to a public housing property.
• Moving from a public housing property to an Aboriginal Housing Office property.
• Voluntarily moving from a public housing property to subsidised private rental accommodation to access the private rental subsidy (PRS) at the request of Housing NSW, and later returning to a public housing property.
• Transferring to a community housing managed property under the Housing NSW-managed Stock Transfer Program and later exercising their entitlement to return to a property managed by Housing NSW.

A tenant who is entitled to be in this category will lose this entitlement to a continuous tenancy if:

• Their lease is terminated by the Consumer, Trader and Tenancy Tribunal.
• They move out of the property to live in another property that is not managed by Housing NSW, other than as part of the Housing NSW-managed Stock Transfer Program, or a relocation for management purposes.
• A joint tenancy is created with another approved household member who is not the spouse or de-facto partner.

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3. Evidence requirements to determine length of lease

Income

Any documents provided as proof of income must be original. For more information, go to Proof of income and assets.

Ongoing access to care or support program

Formal care

A letter from the organisation providing the care or support program. The letter must detail the type of care or support provided.

Care provided by an individual

• A copy of a Centrelink statement confirming receipt of the Carer Payment or Carer Allowance, or
• A copy of a Circumstance Review Form issued by Centrelink, or
• A copy of the Concession card from the person who is receiving the care. The concession card must identify their carer.

Disability

A Centrelink statement confirming receipt of one of the following income types:

• Disability Support Pension.
• Carer Payment.
• Carer Allowance.
• Mobility Allowance.

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Veterans

A Department of Veteran Affairs statement confirming receipt of one of the following service pensions:

• Age Service Pension.
• Invalidity Service Pension.
• Partner Service Pension.

Persons aged 65 years or over

• Birth certificate, or
• Passport.

Aboriginal or Torres Strait Islander person aged 45 years or over

• A completed Housing NSW, Aboriginal Housing Office Declaration form, and
• A birth certificate or Passport.

If the applicant is not able to provide confirmation of Aboriginality using either of the above methods, they may submit a completed Confirmation of Aboriginality - Statutory Declaration form as evidence of their Aboriginality. Whichever agency is assessing the application for housing assistance (ie Housing NSW or Aboriginal Housing Office or community housing provider) will also assess the completed Statutory Declaration as evidence of Aboriginality and decide whether to accept it as confirmation.

Participation in a Transition to Work Program or Community Participation Program

A letter from the program provider.

A client of the NSW Trustee and Guardian or the Public Guardian

A letter of confirmation from either the NSW Trustee or the Public Guardian.

Young people leaving Community Services, Out-Of-Home care, or juvenile detention and in receipt of a Youth Disability Supplement

• A letter of confirmation from Community Services (CS) or an accredited Out-of-Home care provider, or a letter of discharge from Juvenile Justice (JJ), and
• A Centrelink income statement.

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4. Changing the length of lease after sign-up

Housing NSW will consider changing the length of lease at or after sign-up if the tenant provides the following new information within three months of signing their initial lease:

• Confirmation of Aboriginality for an approved household member who was aged 45 years or over at the time of signing the lease, or
• Pension type or support program information that was unavailable at the time of signing the lease, and which changes Housing NSW's assessment of the tenant's required length of lease.

5. Lease reviews

Lease review criteria for fixed term tenancies of 12 months, two, five or ten years

Property

The tenant is eligible if the they or their partner/spouse does not own or part own property or real estate that could provide a viable alternative to public housing.

Income

The tenant is eligible if the household:

1. Has a total weekly assessable income that is less than or equal to the weekly income limit at lease review for a household of the tenant's current size and type, or
2. Has a total assessable income for the year preceding the lease review date that does not exceed the income limit for lease review for a household of the tenant's current size and type, or
3. The tenant has not met the income tests of 1 and 2 above, but can otherwise demonstrate that their need for housing qualifies them for an exemption.

To be eligible for a lease extension, the maximum household income (before tax) must not exceed the limits listed in the table below. These limits are set at a higher level than the income limits for entry to public housing.

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Table 1: Income limits at lease review from 1 July 2011

Members of a household who have an enduring (permanent, or likely to be permanent) disability, medical condition or permanent injury that results in significant ongoing financial costs being incurred, may quality for a disability allowance. This allowance raises the lease review income eligibility limit for each household member who demonstrates that they have an enduring disability, medical condition or injury.

Where a tenant can demonstrate significant ongoing financial costs that exceed the standard disability allowance, they may qualify for an exceptional disability allowance. Housing NSW will apply this allowance instead of, but not in addition to, the disability allowance a tenant may have already qualified for.

Housing NSW applies these allowances in recognition of the additional financial burden that medical costs may have on the household income of clients with a disability or medical condition.

For more information on disabilities, go to Examples of disability, medical or permanent injury expenses and Evidence requirements for disability, medical or permanent injury expenses.

When Housing NSW will not offer a lease extension for fixed term tenancies of 12 months, two, five or ten years

A tenant is not eligible for an extension to their lease if:

• The tenant or their partner or spouse own or part own property that they can live in or sell, or
• The total weekly household assessable income is more than the weekly income limit for lease review, and
• The total assessable income for the year preceding the lease review date exceeds the income limits for a lease review for a household of the tenant's current size and type, and
• No exemptions apply, or
• Housing NSW has requested information from the tenant for the purposes of lease review and the tenant refuses to provide this information.

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Lease review criteria for fixed term tenancies of 3 months (Emergency Temporary Accommodation)

At the time the lease review is conducted:

• The tenant is still in need of Emergency Temporary Accommodation, or
• The tenant must meet the public housing eligibility criteria including the income limits for entry to public housing. For more information, go to the Eligibility for Social Housing Policy.

Lease review criteria for fixed term tenancies of 6 months where the client is under the Witness Protection Program

At the time the lease review is conducted:

• The tenant remains on the Witness Protection Program, or
• The tenant meets the lease review criteria for a two, five or ten year lease extension.

Lease review criteria for fixed term tenancies of 6 months where the tenant was classified as a less than satisfactory or unsatisfactory former tenant

At the time the lease review is conducted:

• The tenant meets the income limits at lease review, and
• The tenant or the tenant's partner or spouse does not own or part own property or real estate that they could live in or sell, and
• The tenant has repaid any outstanding debt, or has demonstrated a commitment to repay an outstanding debt, and
• Has demonstrated an ability to sustain a successful tenancy.

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6. Exemptions
Tenants who exceed the income limits at lease review may be eligible for an exemption if they meet one of the criteria below:

• Protecting households with vulnerable children and young people who are likely to be placed at risk of abuse or neglect if they are required to move from public housing.
• Protecting approved household members with a disability or ongoing medical condition who are likely to be placed at serious risk to health or harm if they moved from public housing due to a lack of access to appropriate and affordable private housing.
• Supporting approved household members to maintain education, employment, training or apprenticeships. The tenant needs to demonstrate that the household member's chance to gain qualifications by maintaining participation in a current education or training course, or their ability to maintain employment, would be jeopardised if they moved from public housing.
• Preventing homelessness, severe overcrowding or other unsuitable housing situations due to the tenant's inability to access alternative housing appropriate for their household size and needs if they move from public housing.

To be eligible for an exemption a tenant must prove:

• A need to live in their current location where appropriate private housing is unaffordable and inappropriate housing would expose the household to the risks outlined in the exemption criteria, and
• The household would still face this risk if living in an alternative location where they can afford appropriate private housing.

For the purposes of a fixed term lease review, Housing NSW calculates affordability for private rental accommodation in the area where the household needs to live at 50% (or less) of gross household income.

This rental affordability test is used to determine whether a household with an income at or above the income limits at lease review can afford to rent a property in the area where they need to live.

Housing NSW will consider the rent to be affordable if the household will pay no more than 50% of their gross household income in rent.

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Evidence requirements for an exemption

Exemption relating to a disability and ongoing medical condition

A letter from one or more of the following support providers demonstrating how a tenant or other household member is likely to be placed at serious risk to health or harm if they moved from public housing:

• A medical specialist.
• A health worker such as a community nurse, occupational therapist or physiotherapist.
• A psychiatrist, psychologist or mental health worker.
• Support organisations such as the Home Care Service, Home Nursing Service, Aged Care Assessment Team (ACAT) or Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS).

Exemption relating to vulnerable children or young people at risk

A document demonstrating how a child or young person is likely to be placed at risk of abuse or neglect if the household moved from public housing. This could be one or more of the following:

• A report from a doctor or specialist.
• A report from a human service professional such as a social worker, caseworker, psychologist, psychiatrist or counsellor.
• A referral letter from a Community Services child protection worker requesting assistance from Housing NSW.
• A letter from the NSW Police Force, or
• A current Apprehended Violence Order (AVO) accompanied by one or more of the above documents.

Exemption relating to maintaining education, employment, training or apprenticeship

A letter from one or more of the following providers demonstrating how a tenant or household member's ability to continue with employment, training or education would be jeopardised if they moved from public housing:

• School principal.
• Employer.
• University or TAFE Course coordinator.
• Other employment or training professional.

The support letter must also identify:

• A need to access employment or an apprenticeship at least once per week on an ongoing basis, or
• A need to access special education or training facilities at least once a week for a period of more than 6 months from the lease end date.

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Exemption relating to affordability and accessibility of alternative housing

The unavailability of affordable and accessible private rental accommodation can be substantiated by:

• An internet search conducted by Housing NSW for properties for lease, or
• Business cards and rental listings from real estate agents provided by the tenant, which state that the agency has no accommodation that is affordable or appropriate for the tenant, and
• A report from a health professional or advocate that states the reasons for needing a specific dwelling type where accessibility to private rental accommodation is an issue.

7. Change of circumstances after lease review
The assessment of change of circumstances after lease review only applies to tenants who are not eligible for an extension to their lease. Housing NSW will only do this in limited and exceptional circumstances. Tenants must demonstrate the following for a change of circumstances to be considered:

• A permanent reduction in income that will result in the household meeting the income limits at lease review, or
• A risk to a household member emerges which is in line with those described in the assessment criteria for exemptions.

Evidence requirements for a change of circumstances after lease review

Tenants must provide relevant information before Housing NSW will consider a reassessment. If Housing NSW decides the tenant is eligible for an extension to their lease due to a change of circumstances, Housing NSW will offer a maximum two year lease extension in accommodation that is appropriate to the size and needs of the household.

For a change of circumstances related to a risk to a household member which is described in the assessment criteria for exemptions, see the evidence requirements above.

Evidence requirements for a change of circumstances related to a loss of employment resulting in the household income decreasing below the income limits at lease review

• All household members need to supply current income details.
• Household members must provide evidence of being in receipt of a Centrelink benefit when applying for a reassessment due to a loss of employment.
• Household members who have reduced earnings or a reduced number of hours of employment must provide a statement signed by their employer. The statement must confirm:
  • The number of hours worked, and
  • When this arrangement commenced, and
  • The regular weekly income, and
  • The permanency of the arrangement.
  • A copy of a current payslip is not sufficient

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Evidence requirements for other changes in circumstances including a change in household complement resulting in a decrease in income below the income limits at lease review

Documentation from two or more of the following identifying the former household member's new address:

• Supply authorities such as gas, electricity, water and telephone providers.
• Real estate agents.
• A tenancy agreement.
• A driver's license.
• A Centrelink statement.
• A statutory declaration confirming occupancy at an alternative location. This may be provided by the person with whom the former household member is now residing.

8. Transition assistance

Transition assistance consists of:

• A Transition Assistance Information Kit which assists tenants who are entering the private rental market or considering home ownership.
• A Statement of Satisfactory Tenancy, which indicates whether the tenant has satisfactorily maintained their tenancy in public housing. The statement can assist tenants to secure private rental accommodation.
• Rentstart Move, a private rent assistance product which offers up to 75% of the bond for private rental accommodation. Housing NSW pays bond assistance directly to the Rental Bond Board for eligible clients.

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9. Previous lease review income limits

This section presents various lease review income eligibility.

Table 1: Income limits at lease review from 1 July 2010 to 30 June 2011

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Table 2: Income limits at lease review from 1 July 2009 to 30 June 2010 

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Table 3: Income limits at lease review from 1 July 2008 to 30 June 2009

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Table 4: Income limits at lease review to 30 June 2008

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Changing a tenancy – grounds for priority transfers

1. At risk

The personal safety and/or mental health of a tenant or a household member is at risk. These situations include but are not limited to:

• Domestic violence.
• Child abuse or neglect.
• Assault.
• Sexual assault.
• Neglect.
• Threatening behaviour.
• Torture or trauma.

Tenants need to show that:

• The risk is serious and ongoing.
• The risk means they cannot remain in the current dwelling and/or location beyond a medium length of time.
• The property and/or location significantly increases the risk and reduces their safety.
• Apart from transferring, there are no practical steps that can be taken by the tenant's household to lower or remove the risk.
• Being relocated will help or resolve the situation and remove or significantly decrease the risk.

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Evidence requirements for being at risk

Housing NSW will expect the tenant to provide current supporting documentation, substantiating the risk they are exposed to. This may include:

• Current police reports.
• A current Apprehended Violence Order (AVO).
• A current Domestic Violence Order.
• Current reports or letters from Community Services.
• Current reports or letters from Corrective Services NSW.
• Current reports or letters from a social worker.
• Current reports or letters from a community support agency, such as a refuge, community centre or neighbourhood centre worker.
• Current reports or an assessment from a medical practitioner or health professional (including a mental health case manager).
• Current reports or letters from a school principal or school counsellor.

2. Medical condition and/or disability

In relation to the medical condition and/or disability of a tenant or household member, tenants will need to show that:

• The medical condition and/or disability is permanent or likely to be permanent, and
• The current property and/or location no longer meets their housing need, or
• Relevant household members no longer have the capacity to access necessary medical and/or therapeutic services from their current property for such reasons as:

Restricted mobility of relevant household members.

• Restricted capacity of those members to use transport.
• Frequency of their necessary visits to medical and/or therapeutic services, and
• The necessary medical and therapeutic services will be available from potential alternative locations, and
• They do not have the capacity to remain in the property or location beyond a medium length of time, and
• Relocating will assist in the management of the medical condition and/or disability.

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Evidence requirements for a medical condition and/or disability

Housing NSW will expect the tenant to substantiate the medical condition and/or disability. This may include reports from:

• A general practitioner or specialist doctor.
• A health worker such as a community nurse, occupational therapist or physiotherapist.
• A mental health case manager or psychiatrist.
• Brain injury rehabilitation program.
• Attendant care program.
• ADAHPT (AIDS, dementia and HIV psychiatry team service).
• High needs pool (care program).
• Lifetime care and support.
• Community aged care package.
• EACH package (Extended aged care at home).
• Ventilator dependent quadriplegic program.
• Support organisations such as Home Care Service, Home Nursing Service, Aged Care Assessment Team, community centre or neighbourhood centre.

3. Harassment

Harassment refers to a wide range of offensive behaviour. It refers to unacceptable behaviours that are threatening or disturbing. Harassment includes:

• Verbal abuse.
• Threats.
• Intimidatory behaviour.
• Vilification.
• Property damage.

Tenants will need to show that:

• The harassment is serious and ongoing, and
• They have attempted to resolve the harassment themselves, with any necessary assistance and support, and
• Their current property and/or location significantly increases the risk of harassment, and
• The harassment means they cannot remain in their current dwelling and/or location beyond a medium length of time, and
• Relocation will help to resolve the situation and remove or significantly decrease the harassment.

Evidence requirements for harassment

The tenant will need to substantiate their claim of harassment by providing documentation such as:

• Current police reports.
• Current reports or letters from the Community Justice Centre (CJC).
• Current reports or letters from a community support agency, such as a refuge, community centre or neighbourhood centre worker.
• Current reports or letters from a mediation service.
• Letters or reports from a general practitioner, specialist doctor, mental health services worker.
• Housing NSW's Serious Incident Diary.
• Letters or reports from neighbours substantiating the harassment.
• A record that the incidents are ongoing.
• Evidence that the incidents are escalating in seriousness.

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4. Employment

A tenant can apply for a priority transfer due to the tenant or their partner gaining employment, or changes to the tenant's or partner's current employment. A tenant must show that the:

• Tenant or their partner are currently unemployed and have been offered a job in or near the area to which they need to move, or
• The tenant or their partner are not in full time employment and are required by their employer to move in order to keep their job, and
• The employment is in a location that is impractical for them to travel to from their existing location, and
• Employment is long term and is at least three days work per week. In some circumstances, such as where there are medical factors or care of dependents, the minimum number of working days may be reduced to two.

Evidence requirements for employment

The tenant will need to establish the need to move for employment reasons by providing documentation such as:

• Letter of offer of employment from employer.
• Letter confirming location of employment.
• Letter confirming permanent employment.
• Letter confirming number of hours to be worked.
• Letter confirming change of employment location from employer.
• Letter from employer confirming loss of employment if unable to relocate/change location.

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5. Compassionate

There are a number of compassionate grounds social housing providers will consider. These include:

• Being closer to a family member who needs their care.
• Being closer to support networks which are not covered by the medical, disability or other factors described above, such as counselling services for refugees, child abuse services, family support services, rehabilitation services, Home and Community Care services, cultural services or educational services (specialised schools).

Tenants will be asked to:

• Show why they need to move, and
• Provide information about the family member needing care, or
• Provide information about the services the tenant or the family member requires.

Evidence requirements for a transfer on compassionate grounds

The tenant will need to prove their need for a transfer by providing current documentation such as a:

• Medical assessment or report/letter from a doctor or specialist confirming the family member's medical condition and/or disability.
• Report or letter from a service providing care or support to the family member.
• Report or letter from a specialist educational service.
• Report or letter from a cultural support service.
• Report or letter from a family support service.
• Report or letter from a rehabilitation service.
• Report or letter from a counselling service.

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6. Severe overcrowding

Severe overcrowding may arise as the result of:

• A family reunion.
• An award of custody of children.
• Marriage.
• The birth of a child or children.

Severe overcrowding includes:

• An adult or couple sharing a bedroom with a person aged over three years.
• Four or more children sharing a bedroom.
• Three or more unrelated adults sharing a bedroom.

Severe overcrowding can also occur if children currently sharing a bedroom now need their own bedroom because of a specific need such as:

• A disability or special medical need.
• Severe behavioural problems.
• Children of different sexes sharing a room and one of them reaches puberty.

Tenants will be required to prove that the severe overcrowding is the result of one of the above reasons and explain why the current dwelling is unsuitable.

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Evidence requirements for severe overcrowding

The tenant will need to prove that severe overcrowding exists and the reasons for it by providing current documentation such as:

• Age of all household members.
• Gender of all household members.
• Marriage certificate.
• Legal documents confirming family reunion.
• Legal documents confirming placement of children.
• Legal documents confirming custody of children.
• Centrelink family payment income statement.
• Court orders.
• Immigration papers.
• Medical assessment or report/letter from doctor or specialist confirming disability or special needs.
• Letter or reports from support agencies confirming severe behavioural problems.
• Reports or letters from Community Services.
• Letter or reports from health professionals, including mental health case managers.

7. Family breakdown/separation

If there is a serious breakdown in a family relationship, social housing providers may consider providing separate accommodation for the member who has left the property. A serious breakdown in a household relationship includes:

• Separation or divorce between a tenant and spouse or de facto partner.
• Irreconcilable problems between a parent and child or children (including an adult child or children).

In the case of divorce or separation the spouse or partner who has moved out will need to prove that:

• The spouse was a member of the household, or
• The de facto partner was a member of the household on a continuous basis for two or more years, and
• The spouse or partner was on the housing provider's records as having lived in the property, and
• The spouse or partner is eligible for social housing, and
• The spouse or partner applies for a transfer within six months of moving out of the property.

In the case of a family breakdown the family member will need to prove that:

• They are a permanent member of the household, and
• They are listed on the housing provider's records as living in the property (e.g., approved additional occupant), and
• They have declared their income to the housing provider and it is recorded in a rent subsidy (if the tenant receives a rent subsidy).

Evidence requirements for family breakdown/separation

The tenant will need to confirm the family breakdown by providing supporting documents such as:

• Evidence of a legal separation.
• Letters or reports from a social worker, community worker, or neighbourhood centre.
• Letters or reports from Community Services.
• Income statement from Centrelink.
• Family payment confirmation from Centrelink.
• Letters or reports from a general medical practitioner or specialist doctor.
• Evidence of new residential address (e.g. driver's license, mobile phone bill, Centrelink income statement).

8. Tenancy reinstatement

Tenancy reinstatement can apply to former tenants who vacated their property because:

• They were under duress, or
• They had to move into a residential care facility (including a psychiatric hospital, rehabilitation centre, hostel, nursing home) either voluntarily or under a court order, or
• They were placed into a custodial facility, or
• Of the care needs of the tenant, a member of their household or a family member.

To be eligible for tenancy reinstatement, former tenants must prove that:

• They meet the eligibility criteria for social housing, and
• They meet the criteria for priority transfer, and
• They vacated under duress, vacated to a residential care or correctional facility, or vacated because of care needs, and
• They made an application to their housing provider within six months of vacating the former property, or
• In the case of custodial sentences not longer than three years, they can also apply within six months of their release from custody.

Former tenants with custodial sentences longer than three years will need to re-apply for housing as they are not eligible for tenancy re-instatement.

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Social housing providers define duress as having to vacate the property due to a critical incident and, under the circumstances, the decision to vacate was reasonable. For example:

• Escaping domestic violence.
• Escaping harassment.
• Removing themselves or a household member from being at risk.

Admittance to a supported care facility might include a refuge, rehabilitation centre, hospital, or respite centre.

Tenants may need to vacate their property due to:

• Serious medical/disability incident related to the tenant or a household member.
• Serious medical/disability incident related to a family member and/or relative.

When assessing the decision to vacate the property, housing providers will consider the following as applicable to particular situations:

• Was it reasonable for the tenant to vacate without notice, and
• The urgency of the need to vacate without notice, and
• Did the circumstances of the incident force the tenant to vacate without notice, and
• Did the tenant consider options other than vacating, and
• Whether the tenant previously contacted their housing provider about their situation, and
• Did the housing provider ask the tenant to relinquish their tenancy because they were going into residential care or into a correctional facility, and
• Could the decision to vacate have been delayed, and
• Was it a reasonable decision under the circumstances.

Evidence requirements for tenancy reinstatement

The tenant will need to substantiate their reason to vacate the dwelling without giving notice to their housing provider. That is, they will need to prove that they vacated under duress or to move to a residential care or custodial facility.

The evidence the tenant must supply will be dependent upon the reason they vacated the property. If, for example, a tenant vacated without notice due to having been at risk, they will be required to supply supporting documentation as stated in the evidence criteria for at risk priority transfers.

If a tenant vacated without notice due to harassment, they will be required to supply supporting documentation as stated in the evidence criteria for harassment.

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Changing a tenancy – wait turn transfers

1. Moderate overcrowding

Moderate overcrowding is when there is an increase in the size of the household which results in the household having fewer bedrooms than they would otherwise be entitled to, but the overcrowding is not severe.

Examples of moderate overcrowding are:

• Three children sharing a bedroom.
• An adult or couple sharing a bedroom with a child under three years of age.
• Two unrelated adults sharing a bedroom.

Aboriginal tenants may seek a transfer when wanting to take up their entitlement to an extra bedroom to meet family responsibilities.

Evidence requirements for moderate overcrowding

The tenant will need to substantiate the moderate overcrowding by producing documents indicating the:

• Number of household members.
• Age of household members.
• Gender of household members.
• Size of the bedrooms.
• Size of the living areas.

2. Under occupancy

Under occupying a property is when a tenant has more bedrooms than they require. It is usually the result of household members moving out of the property.

When a tenant applies for a transfer because of under occupancy, housing providers will:

• Consider the impact on the tenant, and
• Review the benefits and costs to the provider of transferring the tenant, including the demand for the current property, and
• Consider the tenant's requirements for an alternative property and how these can best be met.

Evidence requirements for under occupancy

The tenant will need to substantiate the under occupancy by producing documents indicating the:

• Number of household members.
• Number of bedrooms in the property.

Changing a tenancy – relocating tenants for management purposes

1. Relocations for portfolio management purposes

Housing NSW will relocate a tenant for portfolio management purposes:

• When it intends to sell a property or a group of properties.
• When it intends to demolish a property or a group of properties.
• When Housing NSW will redevelop the land the property is on to provide more appropriate housing.
• When it has designated the property for occupation by a particular client group, such as older people, and the tenant or household does not belong to this client group.
• When it has designated the property for transfer to community housing management.
• When it does not own the property and the lease with the private landlord has expired.
• For any other compelling reason relating to the management of Housing NSW's property portfolio.

2. Relocations for tenancy management purposes

Housing NSW will relocate a tenant for tenancy management purposes for the following reasons:

• Under occupancy – the property is too large for the tenant's household, for example, due to changing circumstances such as children leaving home.
• Overcrowding – too many people are living at the property.
• The property has features, such as modifications for people with a disability that are no longer needed by the people living in the property.
• Housing NSW intends to carry out substantial upgrading work on the property and the property needs to be vacant so that this work can happen.
• Management of neighbour disputes or social disharmony that involves or affects the tenant.
• The property or its location is unsuitable for the tenant and their capacity to sustain a Housing NSW managed tenancy is threatened.
• Any other compelling reason relating to the management of a particular tenancy.

3. Relocation of younger tenants from Senior Communities properties

Relocation will be offered to younger tenants within the six month transitional period, which is the date from when Housing NSW classifies the complex as Senior Communities. Date of classification is the date tenants are advised in writing that the complex is Senior Communities.

Younger tenants living in Senior Communities can meet with Housing NSW staff to discuss their relocation options. If the tenant agrees to be rehoused, they will be relocated in accordance with the procedures for relocating tenants for management purposes.

Within the six month transitional period an agreement with the tenant and Housing NSW needs to be in place in accordance with the Relocation Statement. The tenant will be offered accommodation when a suitable match for an available property can be made.

Some parts of the policy for relocating tenants for management purposes will not apply. Sections relating to terminating tenancies under Section 149 of the Residential Tenancies Act will not be used when a relocations statement has been issued within the six month transitional period. This means that Housing NSW's right to take action at the CTTT to terminate the tenancy if the tenant refuses all reasonable rehousing offers will be waived. It will then be assumed that the tenant wants to stay living in the complex.

At the end of the six month transitional period tenants who request to be relocated to alternative accommodation must apply for a transfer and be assessed under the transfer criteria.

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4. The relocation process

Telling the tenant about the relocation

Housing NSW will tell the tenant about the relocation in person and provide follow up information in writing.

If the relocation is for tenancy management reasons, this will happen as soon as reasonably practical after the decision to relocate the tenant is made.

If the relocation is for portfolio management reasons, this will happen as soon as reasonably practical after Housing NSW makes a confirmed portfolio management decision.

The information provided to the tenant at this point will include the contact details for the Housing NSW officer who will be the tenant's first point of contact for any issues relating to the relocation process.

Interviewing the tenant to find out their housing and relocation needs

The purpose of this interview is to gather information about the tenant's situation so that Housing NSW can:

• Make an appropriate offer of alternative housing, and
• Offer the tenant appropriate assistance during the relocation process, and
• Where appropriate, make arrangements to move or compensate the tenant for improvements made to the property.

Housing NSW expects the tenant to cooperate with Housing NSW by making themselves available for this interview. Housing NSW will proceed without completing this step if the tenant does not respond after reasonable notice.

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Giving the tenant an individual relocation statement

The relocation statement sets out in writing:

• The tenant's housing and relocation entitlements. These entitlements will be based on Housing NSW's assessment of information provided by the tenant during the interview process.
• The location that the tenant will be rehoused to.
• The number of reasonable offers of alternative housing that the tenant can expect to receive.
• Housing NSW's intention to exercise its right to take action at the CTTT to terminate the tenancy if the tenant refuses all reasonable rehousing offers.
• The steps that the tenant can take to seek a review of any decision taken by Housing NSW to terminate their tenancy on the basis that the offers of alternative housing have been rejected.

Confirming that Housing NSW's information about the tenant's housing needs is up to date

Housing NSW will contact the tenant to confirm that its information about the tenant's housing needs is up to date shortly before making any offer of alternative housing.

It is the tenant's responsibility to respond in a timely manner, and if they do not respond, Housing NSW will proceed on the basis of the information that it has previously collected.

Offering alternative housing to the tenant

Housing NSW will follow the approach set out in the Matching and Offering a Property to a Client Policy to identify alternative properties that meet the needs of the tenant and their household.

When an appropriate property is identified, it will be offered to the tenant using the approach set out in the Matching and Offering a Property to a Client Policy.

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Recording the tenant's response to the offer

With one exception, Housing NSW will follow the approach set out in the Matching and Offering a Property to a Client Policy to:

• Record the tenant's response to the offer, and
• If the tenant rejects the offer, decide wither or not the tenant's rejection of the offer was reasonable.

The exception is that if the tenant rejects the offer, Housing NSW will give the tenant seven days if they are being relocated for portfolio management reasons, or 14 days if they are being relocated for tenancy management reasons, to give written reasons why the offer was rejected.

Housing NSW can extend this timeframe for a short time if the tenant requests it and has good reasons for making the request.

Offer accepted – making final arrangements for signing the new tenancy agreement and relocation

Housing NSW will liaise with the tenant about:

• The date that their new tenancy will start.
• The arrangements for signing their new tenancy agreement.
• Arrangements for moving.
• If Housing NSW has agreed to move or replace improvements made to the tenant's current property, the arrangements for installing improvements in the new property.
• If Housing NSW has agreed to compensate the tenant for improvements that will not be moved or replaced, payment of this compensation.

Housing NSW will follow the approach in the Starting a Tenancy Policy when signing the tenant to their new tenancy agreement.

First reasonable offer not accepted and the tenant will receive more than one offer

Where a tenant is to receive more than one offer, a second offer will be made.

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Final reasonable offer not accepted - Notice of intention to issue a notice of termination

Before giving notice of termination of an existing agreement to a tenant, the landlord is to advise the tenant of the decision to do so by a notice in writing.

Section 149 of the Residential Tenancies Act 2010 specifies that the notice must be in writing and, among other things:

• Contain particulars of why the landlord wishes the tenant to move to alternative premises, and
• State that the tenant may apply to the landlord for a review of the decision within 14 days after the notice of intention to issue a notice of termination is given to the tenant, and
• Give particulars of how such an application may be made, and
• State that the tenant is entitled to make representations to the landlord orally or in writing as to why the existing agreement should not be terminated.

A notice of termination cannot be given before the end of the 14 day period within which the tenant may apply for a review under Section 149 of the decision to give the notice of termination, or the end of the review itself.

Review by landlord

A tenant may decide whether or not to apply to the landlord for a review of the decision and make representations in writing, or orally, to the landlord as to why the existing agreement should not be terminated. If oral representations are made, the landlord will record a file note of such oral representations.

A tenant has 14 days after the notice is given to apply to the landlord for a review.

If the tenant does apply to the landlord for a review, the landlord is to review the decision in accordance with the Procedures Approved by the Minister for Reviews under Section 149 of the Residential Tenancies Act.

The landlord must give consideration to representations made by the tenant and the landlord must ensure that the tenant is allowed to adequately communicate or articulate their views.

In order to ensure that the tenant's representations are fully and adequately considered, an officer of Housing NSW at least of a Clerk Grade 9/10 level or equivalent, or a senior officer at managerial level of any other landlord of a social housing tenancy agreement (the ‘reviewer') is, upon application by a tenant, to review the decision under Section 149 to issue a notice of termination.

The reviewer must, in the course of the review, take into account those factors relevant to the Section 149 notice.

Relevant factors could include the following:

1. The need to redevelop a particular property, neighbourhood, locality or estate.
2. The extent of serious neighbourhood disputes.
3. The requirements of the landlord to manage social housing tenancies in a manner which reduces neighbourhood disputes and social unrest.
4. The requirement to ensure that the offer of alternative premises is such that the neighbourhood dispute or social unrest is so far as possible minimised and to that extent ensure that the offer of alternative premises is in such a locality whereby social unrest is minimised. In many cases, this will mean that a tenant may be offered alternative premises sufficiently distant from their existing premises as to make it most unlikely that the person may readily return to cause further social nuisance.
5. The need to maximise the use of all housing resources.

The reviewer will consider:

• Any representations made by the tenant, and
• The particulars of reasons provided by the initial decision maker in accordance with Section 149(3) of the Residential Tenancies Act, and
• The Procedures Approved by the Minister for Reviews under Section 149 of the Residential Tenancies Act.

Time within which review is to be heard and finalised

Within seven calendar days of the receipt of the application for review from the tenant, the reviewer shall hear and consider all required matters and record the considerations and proposed decision.

If the reviewer decides that a notice of termination should be issued the reviewer will automatically refer the matter to the Housing Appeals Committee.

Referral to the Housing Appeals Committee

The review will be referred to the Housing Appeals Committee to provide a ‘useful oversight function.' The Housing Appeals Committee can make a non-binding recommendation to the landlord. The consideration by the Housing Appeals Committee will be available as an automatic separate, independent function.

Relevant considerations for the Housing Appeals Committee include:

• The consideration of the reviewer.
• Any representations made by the tenant.
• The particulars of reasons provided by the initial decision maker in accordance with Section 149 of the Residential Tenancies Act.
• The Procedures Approved by the Minister for Reviews under Section 149 of the Residential Tenancies Act.

Time within which review is to be heard and finalised

The Housing Appeals Committee shall be required to issue its recommendation within seven days after receipt of the matter from the reviewer.

Decision of landlord

Upon return of the recommendation from the Housing Appeals Committee, the reviewer must give consideration to any recommendation from the Housing Appeals Committee.

The reviewer acting for the landlord will, within a period of five days upon receipt of the recommendation from the Housing Appeals Committee, make the decision as required by Section 149(6) of the Residential Tenancies Act 2010.

After the review, the landlord may give a notice of termination of the existing agreement, advise the tenant that the landlord has decided not to give a notice of termination of the existing agreement, or make a new offer of alternative premises that differ from those the subject of the review.

The reviewer will notify the tenant of the decision.

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Right to second review if new offer made

If there is a further review under Section 149(7) of the Residential Tenancies Act arising from a new offer of alternative accommodation, the second review will be conducted in a similar manner and with similar procedural requirements as to the first review.

Notice of termination

The landlord may give a notice of termination of the existing agreement to a tenant on the ground that the landlord has offered to enter into a new social housing tenancy agreement with the tenant with respect to alternative premises in accordance with Section 148 of the Residential Tenancies Act.

5. Restriction and approval of rehousing location

Housing NSW may restrict relocation to certain locations:

• In order to minimise the risk of serious anti-social behaviour.
• Where there are limited properties in the location.
• Where the relocating tenant's housing needs cannot be met in the location within a reasonable period of time.
• Where the relocating tenant's support needs cannot be met in the location within a reasonable period of time.
• Where the tenant has nominated a high demand allocation zone but does not meet the locational needs criteria for that area.
• Where there is a legal restriction on the tenant or a member of their household living in a particular location.
• Where a person, agency or entity external to Housing NSW has made an assessment that a specific rehousing location would be inappropriate in specific circumstances and Housing NSW has accepted that assessment.

Housing NSW may approve relocation to certain locations. Where the nominated allocation area is high demand approval will be given:

• Where the tenant is able to establish a locational need for the allocation area, and
• Housing NSW considers that there is a reasonable prospect of the tenant's housing and/or support needs being met in the location, and
• If there is a history of serious anti-social behaviour associated with the tenant or tenancy, Housing NSW considers there is a minimal risk of anti-social behaviour occurring in the new location, and
• There is no compelling external reason why the tenant's choice of location should not be approved.

Where the nominated allocation area is not high demand approval will be given:

• Housing NSW considers that there is a reasonable prospect of the tenant's housing and/or support needs being met in the location, and
• If there is a history of serious anti-social behaviour associated with the tenancy, Housing NSW considers that there will be minimal risk of the anti-social behaviour occurring in the new location, and
• There is no compelling external reason why the tenant's choice of location should not be approved.

6. Assistance with the relocation process

While each tenant's situation will be different, the types of assistance that Housing NSW could consider include:

• Assistance with moving expenses, utility reconnection fees, or establishment expenses in the new property.
• Reimbursement for approved improvements made to the tenant's current property.
• Moving approved improvements from the tenant's current property to their new property and reinstalling them. Where a Housing NSW tenant is moving to a property managed by a community housing provider, the moving of any improvements will be negotiated with the community housing provider.

If the tenant is being relocated for portfolio management purposes, Housing NSW may provide assistance if it is satisfied that the expense is:

• Reasonable, and
• Incurred as a result of Housing NSW requiring the tenant to relocate to another property.

If the tenant is being relocated for tenancy management purposes, Housing NSW may provide assistance if it is satisfied that:

• If the assistance is not provided, the tenant is unlikely to be able to establish a successful and sustainable tenancy in the new location, and
• If the assistance is provided, it will assist the tenant to establish and maintain a successful and sustainable tenancy in the new location.

7. Relocation Offers

Decision that the tenant is to receive one reasonable offer of alternative housing

The need to achieve Housing NSW's broader strategic or operational outcomes outweighs the desire of Housing NSW to make two reasonable offers of alternative accommodation to the tenant.

Broader operational outcomes can include:

• Housing NSW has a compelling financial or operational need to achieve the relocation within a specific timeframe and this timeframe is not reasonably achievable if the tenant is entitled to two reasonable offers of alternative accommodation.
• Seeking to end a situation of anti-social behaviour or disruption in the neighbourhood associated with a particular tenant or tenancy.
• A documented history of the tenant failing to respond to communications from Housing NSW within a reasonable period of time.
• A compelling external reason.

What is a reasonable offer?

An offer is reasonable if it will meet the client's known housing and locational needs, and allows continued access to services, based on the merits of the information provided by the tenant during the relocation process.

For more information about the criteria Housing NSW applies to decide if an offer is reasonable, see the Matching and Offering a Property to a Client Policy.

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Extension of time to give written reasons why an offer of alternative housing was rejected

Housing NSW can extend this timeframe if:

• The tenant needs to obtain additional written documentation to support their decision to reject the offer, and it is not reasonably possible to get this documentation within the seven day time period, and/or
• Health or disability circumstances affecting the tenant or a member of their household mean that it is not reasonable to expect the tenant to provide written reasons within the timeframe.

8. Decision to give the tenant notice that Housing NSW intends to issue a Notice of Termination

Housing NSW is satisfied that:

• The tenant's housing needs have been fully and correctly assessed, and
• The offer(s) of alternative housing that have been made to the tenant were reasonable offers in accordance with the Matching and Offering a Property to a Client Policy.

9. Eligible to request to return to a property after redevelopment

• The tenant is being relocated so that their property can be redeveloped, and
• After redevelopment, properties on the site will be used to provide social housing.

10. Approval to return to a property after redevelopment

If the properties on the site will be managed by Housing NSW after redevelopment:

• The housing needs of the tenant and their household match the property characteristics of a property to be built at the site including:
  • Number of bedrooms, and
  • Specific features of the property, such as modifications or ground floor access that must be required by the household, and
  • If relevant, the tenant or a member of their household belongs to the client group to be housed at the site, and
  • There is no compelling operational or external reason why approval to return should not be granted.

If the properties on the site will be managed by a community housing provider after redevelopment:

• The housing needs of the tenant and their household match the property characteristics of a property to be built at the site including:
  • Number of bedrooms, and
  • Specific features of the property such as modifications or ground floor access that must be required by the household, and
  • If relevant, the tenant or a member of their household belongs to the client group to be housed at the site, and
• The tenant agrees to become a tenant of the community housing provider. Housing NSW, in conjunction with the community housing provider, can request that this happens either:
  • When relocated from the current property so that the redevelopment can occur, or
  • When returning to the site after the redevelopment is finished, and
• The tenant and their household are eligible for assistance under the policies of the community housing provider managing the properties, and
• There is no compelling operational or external reason why approval to return should not be granted.

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Changing a tenancy – mutual exchange

1. Criteria for approving a mutual exchange

Housing NSW will only approve a mutual exchange if:

• Both rent, water and other tenancy charge accounts are up to date, and
• The number of bedrooms is appropriate to the size of the household, and
• Any damage to the current dwelling is fixed before moving, and
• The income of both tenants does not exceed the income eligibility limits for social housing (this condition may be waived if the exchange is related to a medical condition or disability that means the current housing is unsuitable), and
• There are no unresolved substantiated nuisance and annoyance complaints against either tenant, and
• The tenant agrees to accept the relevant type and length of lease when they move.

Housing NSW will generally not approve a mutual exchange if:

• One of the properties is part of a proposed redevelopment site or likely to be sold.
• A property would be under-occupied by more than one bedroom, or severely overcrowded.
• Extensive modifications have been made to a dwelling to meet the needs of the tenant.
• The exchange would result in a tenant losing an advantage gained by a previous transfer.
• One of the properties is a Senior Communities property and the exchanging tenant does not meet the eligibility criteria for a Senior Communities property.
• One of the properties is an Aboriginal Housing Office property and the exchanging tenant (or one or more of their household members) is not an Aboriginal person.

Changing a tenancy – succession of tenancy

1. Common assessment criteria

Unless otherwise stated, an applicant for succession of tenancy must:

• Be an approved additional occupant of the household.
• Be included on existing and previous applications for rent subsidies.
• Have had a satisfactory occupation within the tenancy for a period of:
  • Two years prior to the request for succession, or
  • The whole of the tenancy if it is less than two years old.
  • Repay any debts from previous tenancies. Housing NSW will negotiate a repayment plan before approving succession.

Satisfactory history of occupation

A satisfactory history of occupation will occur where the applicant has not:

• Caused nuisance and annoyance, or
• Caused damage to the property or neighbouring properties.

Circumstances where Housing NSW will not approve succession

Housing NSW will not approve succession of tenancy if:

• The applicant has not been a declared household member, or included on applications for rent subsidies.
• The applicant does not have a satisfactory history of occupation, unless Housing NSW is satisfied that the applicant will be able to sustain a tenancy.
• The applicant is a sponsored migrant and holds a temporary visa, or they are an asylum seeker holding a temporary protection visa.
• Whilst an occupant of any Housing NSW or Aboriginal Housing Office property, the applicant committed acts of violence, for example, physical attacks or serious verbal threats directed at neighbours or Housing NSW staff.
• Whilst an occupant of any Housing NSW or Aboriginal Housing Office property, the applicant was involved in illegal activities in that property.
• The applicant has been convicted of arson or deliberate damage to any Housing NSW or Aboriginal Housing Office property.
• The applicant is an unsatisfactory or ineligible former tenant.

2. Specific Assessment Criteria

Succession to a spouse

If the applicant is the tenant's spouse (i.e. married), Housing NSW will approve succession if:

• They meet the common eligibility criteria and,
• They are a citizen of Australia or permanent resident, and
• They demonstrate they are married to the tenant, and
• They are currently residing in the property.

A spouse will be entitled to succession even if they have temporarily moved away for reasons related to the illness of the tenant, care of an ill person or their own ill-health. The spouse must provide evidence that their temporary absence was due to these reasons. The spouse is not required to meet the social housing income eligibility limits or asset eligibility criteria.

Succession to a de-facto partner

If Housing NSW accepts that an applicant is the de facto partner of the tenant, they will have the same right to succession as a spouse.

Where an applicant for succession claims to be the de-facto partner of the tenant, Housing NSW must verify that the relationship is de facto. This verification is based on the NSW Property (Relationships) Act 1984. This Act gives important rights to de facto partners when settling private property and other assets.

The Act defines a de facto relationship as a relationship between two adult persons, of the same or opposite sex, who:

• Live together as a couple, and
• Are not married to one another or related by family.

The Act gives additional property rights to adults who have been in a de facto relationship for two or more years.

When it is difficult to determine the nature of the relationship, an appropriate officer may ask to interview the applicant. If the information requested has been provided and there has been a reasonable amount of inquiry, yet staff are still in doubt as to the de facto status of the relationship, the benefit of the decision will go to the applicant.

If Housing NSW does not accept that a de facto relationship exists, the applicant may apply for succession on the basis of being a household member other than the spouse or de facto partner of the tenant.

To verify a de facto relationship, Housing NSW will consider such information as Centrelink income statements, its records of when the applicant joined the tenancy and the local team's knowledge of the history of the tenancy.

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Succession to household members other than the spouse or de facto partner

If the applicant is a household member other than the spouse or de facto partner, the applicant will be eligible for succession if:

• They meet the common eligibility criteria, and
• They meet the eligibility criteria for social housing, and
• They are currently residing in the dwelling, and
• They are not an unsatisfactory or ineligible former tenant.

While two years is the standard minimum length of time that the applicant must have belonged to the household (or the whole of the tenancy if it is less than two years old), there may be occasions when Housing NSW will consider a shorter period of time.

If the applicant is a minor aged 16 or 17 years, they may be granted succession if they demonstrate that they are able to care for themselves and can meet the terms of the tenancy agreement.

If the applicant is a carer, Housing NSW will not approve succession if the carer has maintained their own accommodation, separate to that of the tenant's dwelling, regardless of whether it is in the public or private rental market. If the applicant has relinquished a Housing NSW tenancy to act as a carer to another person, then succession to that tenancy may be granted even if they have not been part of that household for the past two years.

Succession to the legal guardian or custodian of minors

Housing NSW will approve succession if the applicant agrees in writing to live in the property and continue to provide care for the children.

If the applicant does not meet the eligibility criteria for social housing, succession may be granted if:

• The applicant has been formally granted custody/guardianship of the children, and
• It is in the best interests of the children, and
• The applicant can demonstrate that no alternative accommodation is available that is suitable for the care of the children.

In such circumstances, it may be necessary for Housing NSW to liaise with Community Services to ensure that this is the best option for the children involved.

If the applicant has applied for custody, Housing NSW may approve succession on the condition that the applicant agrees in writing that, if their custody application is not successful, they will relinquish the tenancy.

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Applicants for succession who are recently released from prison

If the applicant was recently released from prison or institutionalised care, and they used to live in the tenancy, they must meet the eligibility criteria for succession previously indicated. Housing NSW will assess the application on its merits, but will not decline it on the basis that the applicant was not living with the tenant while in prison or institutionalised care.

Factors that Housing NSW will consider are the likelihood of the applicant living in the household if they were not in prison or institutionalised care, the tenancy history and their ability to otherwise meet their housing need.

Aboriginal welfare board dwellings

If the tenant has been living in an Aboriginal Welfare Board dwelling, Housing NSW may approve succession to the applicant as a descendant of the original occupants even if they have not been living in the dwelling. The applicant must meet all other eligibility requirements for public housing.

Aboriginal clients – succession to a Housing NSW tenancy

Housing NSW may approve succession if the applicant is an Aboriginal client who was not a member of the tenant's household at the end of their tenancy. Housing NSW will consider this if the applicant is the tenant's child or the tenant was active in their upbringing, they have grown up in the dwelling and have a long-term association with the dwelling and the area. Applicants must meet all other eligibility requirements for public housing.

Where Housing NSW proposes to decline an application for succession, it may ask the Aboriginal Housing Office to comment on this proposal. This is consistent with our aim to make culturally appropriate decisions concerning Aboriginal people.

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Aboriginal clients – succession to an Aboriginal Housing Office tenancy

Housing NSW may approve succession to an applicant if they are an Aboriginal client who was not a member of the tenant's household at the end of their tenancy. Housing NSW will consider this if they are the tenant's child or the tenant was active in their upbringing, they have grown up in the dwelling and they have a long-term association with the dwelling and the area. The applicant must meet all other Aboriginal Housing Office eligibility requirements.

Where Housing NSW recommends declining succession of an Aboriginal client to an Aboriginal Housing Office property, it must refer this decision to the Chief Executive Officer of the Aboriginal Housing Office for review before it is finalised.

All requests for succession to an Aboriginal Housing Office tenancy from a non-Aboriginal client must be referred to the Chief Executive Officer of the Aboriginal Housing Office.

Succession to appointed agents

Tenants who intend being absent from their home must appoint an agent to care for the property while they are away.

Housing NSW will not approve succession to appointed agents unless they are already an other household member, or they are the tenant's spouse or de facto partner.

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Changing a tenancy – type and length of lease offered

1. Type and length of lease after a transfer or mutual exchange

Tenants on a continuous lease, who were housed before 1 July 2005, retain their rights to a continuous tenancy agreement when relocating through a transfer (including clients approved to vacate to the private rental market and receive a Private Rental Subsidy) or mutual exchange.

Tenants on a fixed term lease will receive the remainder of their existing lease if they transfer or exchange before the lease review date.

If the tenant is eligible for a lease extension, and the household relocates between the lease review date and the lease end date, they will be offered a lease extension of two, five or ten years.

Tenants on fixed term leases who transfer or mutually exchange must sign a new tenancy agreement.

Tenants on a fixed term lease who, after being approved for a transfer and the provision of a private rental subsidy, vacate to the private rental market, will be offered a new two, five or ten year fixed term lease based on an assessment of current household circumstances when they accept an offer of alternative public housing.

If the tenant and their household are assessed as no longer eligible following a lease review, Housing NSW will not proceed with the transfer and the application will be closed. However in exceptional circumstances a tenant on a fixed term lease who is assessed as not eligible for a lease extension may be considered for emergency temporary accommodation rather than a transfer.

Housing NSW will only consider emergency temporary accommodation where the tenant is proven to be at imminent risk in their current property. In this circumstance, Housing NSW will offer the tenant a three month fixed term lease to cover the remaining term of their existing lease.

2. Type and length of lease after tenancy reinstatement approval

Former tenants approved for tenancy reinstatement will be offered the type of lease they had when they left public housing. If the former tenant previously had a continuous lease, they will be offered a new continuous lease. If they had a fixed term lease, they will be offered a new two, five, or ten year fixed term lease based on the assessment of their current household circumstances.

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3. Type and length of lease after a succession of tenancy

The type and length of lease offered to a spouse or partner succeeding a tenancy will be the same type of lease as that of the previous tenant.

If the previous tenant had a continuous lease, the spouse or partner will be offered a continuous lease.

If the previous tenant was on a fixed term lease the spouse or partner will be offered the remainder of that fixed term lease, unless the succession of tenancy occurs between the lease review date and the lease end date. In this case the spouse or partner will be offered a new fixed term lease based on an assessment of their current household circumstances.

Other household member(s) who are approved for succession of tenancy will be offered a fixed term lease based on an assessment of their circumstances, regardless of the type and length of lease offered to the previous tenant.

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Ending a tenancy – Categorising a tenancy

1. Eligible for a statement of satisfactory tenancy

To be eligible for a tenancy statement, former tenants must:

• Not have breached their tenancy agreement, and
• Have a current nil or credit balance on all linked Housing NSW accounts (rent, water, repairs and former tenancies), and
• Have a satisfactory payment performance in respect of those accounts for the 12 months prior to the eligibility assessment for a tenancy statement.

For more information see the Private Rental Assistance Policy.

Former tenants who were evicted (or left under threat of eviction) after their tenancy was terminated under Section 143 or 148 will be eligible for a tenancy statement provided they do not have other breaches outlined in the other categories listed in this policy.

2. Satisfactory former tenants

This category applies to former tenants who did not breach their former tenancy agreement. It also applies to former tenants who moved out of public housing owing Housing NSW less than $500.

Former satisfactory tenants will be eligible for a statement of satisfactory tenancy once they have fully repaid any outstanding debts to Housing NSW, and if they also have a satisfactory payment performance for the 12 months prior to their assessment for a statement.

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3. Less than satisfactory former tenants

Less than satisfactory former tenants include those who:

• Left the property of their own accord (without being evicted or being under threat of eviction or under a current Notice of Termination), or
• Left the property through termination action under Section 143 and 148 of the Residential Tenancy Act), and:
• Moved out owing Housing NSW more than $500 in rent, repairs, water usage or other charges, or
• Abandoned the property, or
• Left the property in an unsatisfactory condition, or
• Had substantiated complaints of serious nuisance and annoyance during their tenancy.

Substantiated nuisance and annoyance is defined as:

• An order obtained from the Consumer Trader & Tenancy Tribunal that a tenant had breached their tenancy agreement on nuisance and annoyance grounds, or
• Written verification from the Police under the Memorandum of Understanding that the tenant had breached their tenancy agreement, for example, disturbing the peace while on the residential premises, or

When serious nuisance and annoyance occurs a Senior Client Service Officer Specialist/Aboriginal Specialist must determine if the offending behaviour is due to an intellectual or psychiatric disability which could be addressed by the provision of adequate support from the appropriate support agency.

4. Unsatisfactory former tenants

Unsatisfactory former tenants include former tenants who:

• Were evicted from their previous tenancy due to a breach of the tenancy agreement, or
• Vacated before an Order of Possession to evict them was enforced for a breach of the tenancy Agreement, or
• Vacated before an Order of Possession was obtained and had substantiated complaints of nuisance and annoyance that the Area Director approves as sufficient to justify the classification of Unsatisfactory, or
• Are “repeat” less than satisfactory tenants (that is, they have moved out of a public housing property more than once and on more than one occasion were assigned a less than satisfactory category), or
• Had substantiated complaints of nuisance and annoyance and were evicted, or
• Had substantiated complaints of nuisance and annoyance (as defined above) and vacated before an Order of Possession to evict them was enforced.

Unsatisfactory former tenants also include tenants who were previously subject to the Renewable Tenancies Policy and their tenancy was categorised as having an unsatisfactory standard of breaches. This does not include tenancies categorised as unsatisfactory due to illegal activities.

Former tenants who were evicted or vacated under threat of eviction based on terminations under Section 143 (not eligible to reside in social housing) and Section 148 (the tenant rejected an offer of alternative social housing) will not have this eviction action included in the former tenant category assessment.Top of page

5. Former tenants who are ineligible for social housing

Former tenants who are ineligible for social housing include those who were evicted for extreme breaches of their tenancy agreement, who vacated before an Order of Possession for an extreme breach could be enforced, or who vacated before an Order of Possession was obtained for an extreme breach that has been substantiated by written verification from the police under the Memorandum of Understanding.

Extreme breaches may include:

• Illegal activities carried out by the tenant or a member of their household on Housing NSW's premises. Conducting an unauthorised business is an illegal use of the premises however it is not an illegal activity unless the business itself is unlawful.
• The tenant or a member of their household was convicted of arson or deliberate damage of a Housing NSW or an Aboriginal Housing Office property.
• Physical attacks or serious verbal threats directed at neighbours or Housing NSW staff made by the tenant or a member of their household.

Ineligible former tenants also include tenants who were previously subject to the Renewable Tenancies Policy and their tenancy was categorised as having an unsatisfactory standard of breaches due to illegal activity.

Only General Managers can determine whether a former public housing tenant is ineligible for social housing due to a serious breach of their previous tenancy.

In cases where the former tenant lived in an Aboriginal Housing Office property, the Chief Executive Officer of the Aboriginal Housing Office will determine whether the former tenant is ineligible for further housing assistance following advice from the relevant General Manager.

In regard to former Aboriginal clients in public housing, the Chief Executive Officer of the Aboriginal Housing Office will provide advice to the General Manager but the final decision about ineligibility for housing rests with the General Manager.

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