COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 14, 2009
MOTION NO. 12
MOTION: Councillor R. Dowds
This Council again calls on the Minister for the Environment to meet with Officials and Elected Representatives of South Dublin Co. Council to discuss the possibility of extending the provisions of the Housing (Miscellaneous) Act 1997 to private rented accommodation (these provisions relate to dealing with anti-social tenants) and express its displeasure at the failure of the Minister to meet with us so far since the request first went in in late 2007.
REPORT:
The Housing (Miscellaneous Provisions) Act 2009 requires each Housing Authority to draw up and adopt An Anti Social Behaviour Strategy in respect of
- Dwellings let by the Housing Authority to tenants under the Housing Acts 1966 to 2009
- Dwellings in which relevant purchasers reside
- Sites for the Accommodation of Travellers
- Dwellings covered by the Rental Accommodation Scheme
- Dwellings owned and provided by Housing Associations
the significant anti-social behaviour provisions in the 2009 Act will come into operation on 1 December 2009, as provided for in the Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order, 2009 (S.I. No. 449 of 2009) primarily:
- Section 35 of the Act, which requires the elected members of each housing authority to draw up and adopt an anti-social behaviour strategy within one year of the commencement of the section, that is to say, by 30 November 2010. The strategy must set out measures to promote good estate management and co-operation with other bodies, such as the Gardaí, that have a role to play in combatting anti-social behaviour;
- Items 1(a) and 5 of Part 5 of Schedule 2, amending the Housing (Miscellaneous Provisions) Act 1997, to extend the definition of "anti-social behaviour" to cover graffiti and damage to property, and to apply existing anti-social behaviour provisions, including the power to exchange information about housing applicants or beneficiaries engaged in anti-social behaviour, to a broader range of social accommodation, including accommodation provided through rental arrangements.
A good deal of preparatory work has been undertaken in the drawing up of this strategy by a sub committee of the last Housing and Social SPC. It is intended to further address the draft strategy at its next meeting in February.
The strategy will apply to those parts of its administrative area where the authority has: -
(a) dwellings let under the Housing Acts 1966 to 2009;
(b) dwellings that are the subject of Chapter 4 tenancy agreements [RAS]1;
(c) dwellings in which relevant purchasers live; and
(d) sites for travellers (site in this context is defined in the Housing (Miscellaneous Provisions) Act 1997, as amended).
The 2009 Act therefore does not extend to other private rented dwellings but if the motion is passed the terms thereof will be conveyed to the Minister for the Environment Heritage and Local Government
Set out below is the link to the new legislation for information
http://www.environ.ie/en/DevelopmentandHousing/Housing/RHLegislation/FileDownLoad,21568,en.pdf