MINUTES OF THE MEETING OF THE HOUSING AND SOCIAL DEVELOPMENT STRATEGIC POLICY COMMITTEE MEETING

HELD ON THURSDAY 12^th MAY, 2011

PRESENT:

Members:                                           Council Officials:

H-I(1) MINUTES

The minutes of the Housing and Social Development Strategic Policy Committee Meeting held on 11^th November, 2010 were proposed by Councillor M. McDonagh, seconded by Councillor M. Duff, and confirmed and approved as a true record and signed.

H-I(2) MATTERS ARISING 

            It was NOTED there was no business under this heading.

H-I(3) ALLOCATIONS SCHEME - REPORT OF COUNCIL SUB GROUP

The following report which had been circulated was NOTED:

“COMHAIRLE CHONTAE ÁTHA CLIATH THEAS

SOUTH DUBLIN COUNTY COUNCIL

DRAFT

ALLOCATIONS  SCHEME  2011

Section 22 of the Housing (Miscellaneous Provisions) Act 2009.

The purpose of this Allocations Scheme is to provide a means of determining the order of priority to be afforded in the allocation of social housing support to persons whose need for accommodation has been assessed in accordance with Sec 20 of the Housing (Miscellaneous Provisions) Act 2009 as being qualified for social housing support and to provide for the determining the order of priority for households who have applied for transfer to another dwelling and for incremental purchase

Social housing includes Council owned dwellings, Council leased/contracted dwellings, rental accommodation availability agreement dwellings and dwellings owned by approved bodies to whom assistance is given under section 6 of the Act of 1992 for the purposes of such provision.

Part 1: Consideration of Applications for Social Housing

1. Applicants, other than those applicants applying for overall priority, will be considered on time on list basis

1. The Council may, by resolution, from time to time, set aside for persons of such category or categories as the authority may decide, a proportion of the dwellings becoming available to the authority for allocation and priority shall be afforded to the specified categories in the allocation of these dwellings.  In general, allocations to categories of applicants will be made on the basis of reflecting the percentage of applications made up of those categories of applicants.

1. Nothing in the Scheme shall prevent the Manager making an allocation or granting a transfer in emergency circumstances

1. In the case of equality of date of application, the final decision will be made by the Manager who will have regard to all the circumstances including the size of the families involved

1. Applicants who, without a satisfactory explanation, refuse two consecutive offers of a local authority dwelling, will have their application closed. In such circumstances the applicant may not re-apply for a period of one year from the date of the second refusal

1. Applicants must be aged 18 or over and must have permission to reside in the State.

The Council will operate a Financial Contribution Scheme where Older Persons, those subject to Domestic Violence and those who are legally separated, who are owners of private dwellings and who find their existing dwelling too large for their needs, may apply for accommodation in designated Older Persons Dwellings subject to the payment of a financial contribution scheme as follows:

      Applicants under this section will not be prioritised ahead of Older Persons on the Housing or Transfer Lists but will be included on the list from the date of approval.  Applicants under this section must offer their existing dwelling to the Council for purchase in the first instance.

1. On the death of a tenant, the tenancy may be transferred to the tenant’s spouse or to a member of the tenant’s family normally resident, i.e. included on the rent assessment for a minimum of two years, in the dwelling at the date of the tenant’s death, subject to consideration for the accommodation needs of the person(s) applying to succeed to the tenancy.

Priority Status

In certain circumstances, overall priority will be given to applicants that satisfy the following criteria. Priority will be granted in the order shown hereunder and subject to the availability of suitable accommodation at the time:

(i)      Families or persons living in dangerous premises on whom a requisition under Section 3 (9) of the Local Government (Sanitary Services) Act, 1964 has been served.

(ii)    Displacement (resulting from acts of the Local Authority).

(iii)  Families or persons rendered homeless through no fault of their own. A person shall be regarded by a housing authority as being homeless for the purposes of this Act if:

(a)     there is no accommodation available which, in the opinion of the authority, he/she, together with any other person who normally resides with him/her or who might reasonably be expected to reside with him/her, can reasonably occupy or remain in occupation of, or

(b)    he/she is living in a hospital, County home, night shelter, or other such institution and is so living because he/she has no accommodation of the kind referred to in paragraph (a), and he/she, in the opinion of the authority, unable to provide accommodation from his/her own resources.

(iv)          Families or persons evicted through no fault of their own on foot of a Court Order who are not in a financial position to provide their own housing.

(v)            Exceptional medical/compassionate grounds.

(vi)          Persons aged 65 or over for Older Persons accommodation.

Applicants with overall priority will be given priority over other applicants in the allocation of available accommodation in the order of priority indicated above and based on time on the list and subject to the availability of suitable accommodation at the time.

Where priority for housing accommodation is claimed on grounds consisting of or including medical grounds, regard shall be had to the report of the Council’s Medical Advisors.

Transfer List – Tenants, including those in Rental Accommodation Scheme dwellings, may be placed on the Transfer List for consideration for a Transfer to any dwelling within a Housing Area of their choice subject to the following conditions:

·       Minimum two years tenancy in existing dwelling.

·       Clear rent account – this condition may be waived on exceptional compassionate grounds.

·       Compliance with terms of tenancy during existing tenancy.

·       Dwelling inspected and found to be in satisfactory condition

Applications will be accepted for inclusion on the Transfer list on the basis of the following criteria only and considered on the basis of date of application:

(a)   Exceptional medical/compassionate grounds (Regard to be had for report from Council’s Medical Advisors/Housing Welfare Officers as appropriate)

(b)  On grounds of anti-social behaviour where a Garda Superintendent has stated that there is a risk to personal safety

(c)   Older Persons (aged 65 or over) downsizing accommodation

(d)  Transfer applicants downsizing to the specific unit size of accommodation that matches their need according to section 8 of Part 2 of this Scheme.

(e)   Tenants wishing to purchase a dwelling, suitable, under incremental purchase arrangements

(f)    Overcrowding

(g)   Tenants other than those in categories (c) and (d) above downsizing accommodation to make better use of housing stock

Transfer applicants under criteria (a) to (d) above will be prioritised in order of date priority granted and on availability of suitable accommodation.

Mutual Transfers

Mutual transfers will be facilitated where the following criteria are met:

·         Clear rent account – this condition may be waived on exceptional compassionate grounds.

·       Compliance with terms of tenancy during existing tenancy.

·       Acceptance of both parties to occupy dwellings in existing condition

The Council will maintain a register of tenants who have requested to be included on such a register for the purpose of seeking a Mutual Transfer.  Register to be circulated to all such tenants included.

Tenants of other housing authorities will considered for mutual transfers with tenants of the Council subject to conditions agreed upon by both authorities and will also be included on the Register of Tenants for Mutual Transfer upon request.

Part 2

APPLICATION RULES AND GENERAL PROCEDURES RELATING TO THE ALLOCATIONS  SCHEME

The following considerations will apply where applications are received by the Council for inclusion in the assessment of housing needs.

1.         Applicants must reside in the functional area of South Dublin County Council.  Applicants residing outside the functional area of the Council may be included to such extent that (a) they have a local connection to the functional area or (b) at the Council’s discretion

(a)   Local Area Connection

·       Member of household has resided for a continuous five year period at any time in the area or

·       Employment of any member of household is in the area or is located within 15 kilometres of the area or

·       A household member is in full-time education in any university, college, school or other education establishment in the area or

·       A household member with enduring physical, sensory, mental health or intellectual impairment is attending a related educational or medical establishment in the area

·       A relative of any household member lives in the area and has lived here for a minimum of two years

(b)  Council Discretion

·       Applicants who are accepted under Council’s discretion cannot indicate Areas of Choice outside of the Council’s functional area

1. Applicants must express at least 1 area of choice in the Council’s functional area.  They may also express Area of Choice in the other Dublin Authorities – Dublin City Council, DunLaoire/Rathdown and Fingal – overall they may only express 3 Areas of Choice, , Such applicant’s details will be forward to the relevant authority.  Applicants shall indicate in writing their preferred Housing Areas.  Applicants may be offered suitable accommodation within any estate within their chosen Housing Areas of Choice.  Area of Choice cannot be altered for 12 months, date of expression of Area of Choice will be  listed separately to date of application.

3.   Applicants will be considered for housing accommodation only where the Council is satisfied that their financial or other circumstances are such as to render it impossible, without hardship for them to provide adequate accommodation from their own resources.

 Applicants whose household income exceeds the maximum income threshold as set out in the table below will not be considered.

 Income will be assessed on the basis of applicant’s P60 for the preceding tax year, a minimum of four out of the last six payslips or a minimum of 2 years accounts, where appropriate.  Where applicants are in receipt of a social welfare payment, a statement from the Department of Social Protection is required. 

 Applicants who qualify for Affordable Housing, Shared Ownership or other such scheme will not be eligible for inclusion on the Housing list.

 Any other special financial circumstances of a housing applicant may also be taken into account in calculating household income.

 4          Where applicants are owners or joint owners of dwellings, or tenants or joint tenants of local authority dwellings, but are not living in these dwellings owing to marital problems, such applicants may be considered for housing accommodation if a legal separation has been entered into, or in comparable circumstances at the discretion of the Manager, and the Council is satisfied with the housing provision of the agreement, and where it would not be possible for such applicants, due to financial or other circumstances, to provide adequate accommodation from their own resources.  In the case of joint owners a legal agreement contracting to provide a financial contribution from the proceeds of the sale of the house will be required. 

5          Each complete application shall be recorded when received.  If deemed eligible for housing support  the application  will be placed on the appropriate list for accommodation most suitable to their needs. 

6          The Manager shall decide on appropriate intervals at which to formally issue housing lists.  The Manager shall also decide on the appropriate closing date for receipt of applications in respect of the preparation of lists for the allocation of dwellings. 

7          In assessing homeless persons, the Council will have regard for recommendations from its Homeless Outreach Workers/Housing Welfare Officers who shall, in the course of investigating the circumstances of applicants for homeless priority, consult with relevant statutory and voluntary agencies as appropriate.

8          The following minimum standards for bedroom accommodation will apply to lettings made by the Council

 In addition to these minimum standards, persons over 10yrs of the same sex will be considered for allocation of one bedroom.

 Applicants who are separated parents with partial custody/access arrangements will be eligible, upon production of relevant legal documentation for an additional bedroom.

 9          Applicants are required to complete the Council’s Pre-Tenancy Course before being allocated any accommodation.

 10        In order to examine and consider applications for housing accommodation, the Council may inspect and examine applicants’ housing circumstances and may require applicants to furnish documentary evidence to support their applications.

 An application shall be excluded from consideration if the applicant refuses access to the Council’s nominated Inspectors existing accommodation, supplies false information or withholds relevant information either on the application form or in subsequent interviews or inspections.

 If an allocation is made on the basis of false, incorrect or out of date information, such allocation will subsequently be rescinded and the offer withdrawn or if a tenancy has already been created in such circumstances, such tenancy will be terminated.

 11   The Council may disregard the accommodation an applicant is occupying where the Council has reason to believe that the applicant has deliberately or without good and sufficient reason remained in, or taken up occupation of, unsuitable accommodation primarily to improve the prospects of obtaining local authority housing.

 12   Applicants who take up illegal occupation of a local authority dwelling will not be considered for a tenancy of a dwelling unless the dwelling the applicant occupies illegally is willingly surrendered to the Council in the same condition it was in prior to the illegal occupation.

 13        The Council may refuse to offer accommodation to an applicant due to refusal or failure by the applicant to disclose information either relevant to the application or required for good estate management purposes.

 14        Applicants will be investigated in accordance with the Housing (Miscellaneous Provisions Act) 1997 and applicants involved in anti-social behaviour will not be considered for inclusion on the housing list for a period of one year.  Applicants engaging in Anti-Social Behaviour equivalent to Category A Status in the Council’s Anti-Social Behaviour Policy will not be considered for inclusion on the housing list for a period of two years.  These periods will be subject to a rolling review process.

 15        Former local authority tenants who apply for re-housing will only be placed on the housing list if the following conditions are complied with:

·       A period of one year has elapsed since the surrender of previous tenancy (may be waived in exceptional circumstances)

·       The rent account on their previous tenancy is clear, or a satisfactory arrangement acceptable to the local authority is made to clear any arrears due and is maintained for a period of at least six months

·       Compliance with the terms of tenancy was satisfactory during their previous tenancy. 

·       Any costs that were incurred by the local authority in carrying out repairs to the tenant’s former dwelling which were the tenant’s responsibility must be refunded to the Council by the tenant in full, or a satisfactory arrangement is entered into to pay the cost of these repairs. Any such arrangement must be maintained for a period of at least six months.

16        Former local authority tenants that have previously been evicted may be recognised as having a housing need but will not be considered for inclusion on the housing list for a period of two years.”

Mr. B. Coman, Director of Services, and Mr. H. Hogan, Senior Executive Officer, gave the presentation.

 The new Allocations Scheme is to be adopted by the Council by 13^th June, 2011. Indicated that a further meeting of the Council sub-group will be held prior to the June Council Meeting. The members were issued with copies of the Draft Scheme, the Guidance notes from the DOEHLG and the Section 22 of the Housing (Miscellaneous Provisions) Act 2009. The new Allocations Scheme comprises of the existing scheme with as few changes as possible. A National Allocations Scheme is anticipated by the DOEHLG by the end of next year. Clarification from the DOEHLG will be required on a number of points in terms of assessments. The Minister is to consult extensively with the Local Authorities.

 Following a discussion to which Councillors M. Duff, M. Corr, D. Looney and M. McDonagh contributed, Mr. B. Coman, Mr. H. Hogan and Mr. M. Fagan   responded to queries raised.

 The report was NOTED.

 H-I(4) REPORT ON ANTI RACISM SEMINAR

 The following report which had been circulated was NOTED:

 Ms M. Finn, Senior Staff Officer, gave the presentation.

 Ms M. Finn thanked the  Mayor as it was her initiative in the first instance. A full report of the Seminar held in December is to be circulated to the Members. A follow-up on the workshops “Towards Integration”, commencing Thursday 19^th May, 2011, will also issue to the Members.

 Following a discussion to which Councillors M. Corr, M. Duff, P. Kearns, M. McDonagh and G. Kenny contributed Ms M. Finn and Mr B. Coman responded to queries raised.

 The report was NOTED.

 H-I (5) HOUSING POLICY UPDATE

 Mr. B. Coman, Director of Services, spoke on his recent meeting with the Minister for Housing and Planning, Mr. W. Penrose. It is the Minister’s intention to strengthen communication links with Housing Departments country wide. He is concerned with the rise in Rental Supplement. He is also conscious of the rise in demand for Housing. He will monitor Mortgage arrears. It is noted in this regard that South Dublin has quite a low level of arrears. It is likely that the Applicant Sourced Homes Scheme (ASH) will be rolled out country wide. He indicated that a new Government Policy on Housing would issue shortly.

 The Members are to be kept informed of any communications.

 Following a discussion to which Councillors M. McDonagh and M. Corr contributed, Mr. B. Coman, Director of Services,   responded to queries raised.

The report was NOTED.

H-I (6) ANY OTHER BUSINESS

 It was NOTED there was no business under this heading.

 The meeting concluded at  7 pm.       

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