COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, June 14, 2010
MOTION NO 1.
MOTION: Councillor M. Duff
Mayor's Business
That this County Council requests the Minister of State with responsibility for Housing
(a) To review the Housing (Miscellaneous) Act, 1997 to see if it can be made operate more effectively in terms of dealing with anti-social tenants in Social Housing.
(b) To ask him to extend the provisions of the Housing (Miscellaneous) Act 1997 and any improvements to it, to tenants/landlords operating in the Private Rented Housing Sector, with a view to tackling anti-social behaviour by some tenants and ill treatment of tenants by some landlords.
(c) Meet a delegation of Councillors and Housing Staff from South Dublin County Council so that we can outline the problems we are facing with Anti Social behaviour in our County.
REPORT:
Local Authorities were given extensive powers to combat anti social behaviour by its tenants or by members of their households under the Housing Act 1966 and the Housing (Miscellanous Provisions) Act 1997.
The Legal powers available to South Dublin County Council for dealing with anti social behaviour include:
1. Excluding Order - Housing (Miscellanous Provisions Act 1997), Section 3 subsection 2
“a Housing authority may, in respect of a house provided by the authority under the Housing Acts, 1966 to 1997, apply to the District Court for an excluding order against a respondent whom the authority believes to be engaging in anti social behaviour where the authority
(a) having consulted the tenant and the health board in whose functional area the house is situate, believe that a tenant may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, and
(b) consider that, in the interest of good estate management, it is appropriate, in all circumstances, to apply for the excluding order.”
Link to 1997 Housing MiscellanousProvisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
2. Garda Checks - Secton l4 and l5 Housing Miscellaneous Provisions Act l997
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
3. Deferral of Housing application - Part 2, No 14, applications rules and general procedures
Link to Scheme of Letting Priorities -
4. Refusal to dispose of a Council House under Sales Scheme - S 90 Housing Act l966
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
5.Illegal Occupiers - Section 20 Housing (Miscellaneous) Provisions Act l997,Section 1 a
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
6. Notice to Quit - Section 62 of the Housing Act, 1966, (as amended) and the Housing (Miscellaneous Provisions) Act, 1997.
S62 (1) in case
“(a) there is no tenancy in –
(1) a dwelling provided by a housing authority under this act,
(11) any building or part of a building of which the authority are the owner and which is required by them for the purposes of this act, or
(111) a dwelling of which the National Building Agency Limited is the owner,
Whether by reason of the termination of a tenancy or otherwise, and
(b) there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or part thereof on a demand being made therefore by the authority or Agency, as the case may be, and
(c) there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with.
The authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the district court district in which the dwelling or building is situate for the issue of a warrant under this section.”
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
These powers were strengthened by the Housing (Miscellanous Provisions) Act 2009.
Link to 2009 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/2009/en/act/pub/0022/index.html
The Housing (Miscellaneous Provisions) Act 2009 has been commenced and it now 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
- Dwellings which are the subject of long term leasing by the Council
The significant anti-social behaviour provisions in the 2009 Act came 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, 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 combating 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 a draft strategy by a sub committee of the last Housing and Social SPC. Set out below is a link to that draft strategy
http://intranet/cmas/documentsview.aspx?id=22582
While it is recognized that it will be necessary to redraft the document to take on board the new legislation it is considered that this draft strategy contains a good start at a blueprint for how the Council will deal with Anti Social Behaviour in the future in a multi-faceted way. The valuable working relationships which have been cultivated with the Gardaí and the HSE will be utilised to the full so as to deal effectively with the serious cases which the Council is presented with. Experience has shown that a multi agency approach produces the most positive outcomes when dealing with complicated cases where anti social behaviour is often a symptom of underlying dysfunctionality within families. All too often the obvious solution of eviction may not be the best solution in the interest of all family members.
The first step in the coordinated and collaborative approach to serious anti social incidents, which is being implemented, involves ensuring that all sections and departments of the Council are fully involved and engaged in finding solutions to the numerous problem cases which arise annually.
It should be noted however that the Council is now adopting a very tough attitude to tenants or sub-tenants who show unwillingness to engage in a meaningful way with it or other agencies incorporating a regime of warnings whereby a Verbal Warning will be followed by a Written Warning and subsequently Notice to Quit and proceedings in the Civil Courts if initial responses are not considered adequate and genuine.
It should also be noted that as the responsibility for the reception and placement of homeless persons coming from South Dublin now rests fully with the Council. These changes require us to take a more strategic approach to eviction and dealing with those who end up homeless as a result of such action. Accordingly we propose to strengthen areas of intervention with problematic tenants within the powers as provided for in current legislation, both before and after the ultimate sanction of eviction is invoked. In this regard we are endeavouring to include a process/protocol wherby persons rendered homeless through eviction will be required to adhere to behavioural norms before being rehoused in conventional type accommodation.
In this regard we are consulting widely with approved housing bodies who we hope will be in a position to play a major role in achieving the aforementioned objectives and in line with the proposed Local Authority Assessment & Placement Operational Plan for the Dublin Region.
In relation to meeting the deadline required under the legislation it is proposed to follow the following timelines
· May 2010 draft document sent out for consultation to the following bodies - Gardai, HSE, Dublin Authorities, Homeless Agency. Request for submissions or comments by 30th May.
20th May 2010 report to this SPC on the draft strategy
· June 2010 amend strategy to include the new legislation provisions and new interventions indicated above
· June 2010 consultation with the Local Traveller Accommodation Consultative Committee
· Consideration of any submissions received and if required amend the draft strategy
· September 2010 bring amended and final strategy to the Joint Policing Committee
· October 2010 bring amended and final strategy to 3 Area Committees
· 08th November 2010 adoption of Strategy by full Council
If this motion is passed the terms thereof will be conveyed to the Minister of State, with responsibility for Housing matters at the Department of the Environment, Heritage and Local Government.