Questions and answers about public housing. For inmates and people on community orders

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1 Questions and answers about public housing For inmates and people on community orders

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3 Contents Section 1 I want to apply for public housing Q1 How can the Department of Housing help me? 3 Q2 Who is eligible for public housing? 3 Q3 How do I confirm I am an Aboriginal or Torres Strait Islander? 4 Q4 How do I apply for public housing? 4 Q5 Can I also apply for community housing? 4 Q6 How long can I stay in public housing? 5 Q7 How can I successfully maintain a Department of Housing tenancy? 5 Q8 While I am in gaol, do I get taken off the waiting list? 5 Q9 What happens to my application if I don t tell the Department that I am in gaol? 5 Q10 How do I contact the Department of Housing? 6 Section 2 I was a Department of Housing tenant before going to gaol Q1 What happens to my tenancy and personal property? 7 Q2 What about my phone, electricity and other utilities? 8 Q3 Can my children live in my home while I am in gaol? 9 Q4 What if I cannot go back home because of domestic violence? 9 Q5 What happens if I leave my property and I stop paying rent? 10 Q6 What happens if my tenancy gets terminated at the Tenancy Tribunal? 10 Q7 How do I contact the Department of Housing? 10 page 1

4 Section 3 I used to live in public housing Q1 Can I get another public housing property, if I have lived in public housing before? 11 Q2 What are the different tenancy categories? 11 Q3 Can I pay back money I owe to the Department of Housing while I'm in prison? 12 Q4 How do I contact the Department of Housing? 12 Section 4 What if I am homeless or want to rent privately? Q1 What is Temporary Accommodation (TA)? 13 Q2 What if I suddenly need a bed overnight or I am released over a weekend/holiday period? 14 Q3 What about help in getting a private rental? 14 Q4 Can the Department of Housing help me to find my own place to rent privately? 15 Q5 If I am living in private rental accommodation and I go to gaol will I lose my bond? 15 Q6 Can I appeal Department of Housing decisions? 16 Q7 How do I contact the Department of Housing? 16 page 2

5 Section 1 Section 1 I want to apply for public housing Q1 How can the Department of Housing help me? The Department of Housing provides a range of services including: assisting with public housing applications; providing information about community housing; providing financial help to people in the private rental market; and providing temporary accommodation for a few nights if you are homeless. Q2 Who is eligible for public housing? To be eligible for public housing you must: be an adult (18 years of age or older) Australian citizen or permanent resident; live in NSW and be eligible under income guidelines; not own or part-own residential property in Australia; be able to successfully maintain your tenancy with, or without support; repay, or undertake a formal agreement to repay any outstanding debts owed to the Department of Housing; be on a low-income and need support to help you live independently; and have problems finding affordable housing in the private market that is suitable for your needs If you meet these criteria, you will be placed on the Housing Register (the public housing waiting list). What if I am pregnant? If you are pregnant you should add your unborn child to your application for housing. You must supply a medical certificate confirming your SECTION 1 I want to apply for public housing page 3

6 Section 1 pregnancy. You will not be housed ahead of other people on the public housing waiting list on the grounds of pregnancy. You must meet all eligibility criteria as outlined in Q2 of Section 1. Q3 How do I confirm I am an Aboriginal or Torres Strait Islander? Aboriginal and Torres Strait Islanders can apply for public housing, Aboriginal Housing Office (AHO) accommodation and community housing. To be eligible for AHO Housing, at least one household member must be an Aboriginal or Torres Strait Islander. If you are an Aboriginal or Torres Strait Island client you must confirm your descent from one of the following: an Aboriginal or Torres Strait Islander association incorporated under Part IV of the Aboriginal Councils and Associations Act 1976; Aboriginal Land Councils within the meaning of the Aboriginal Land Rights Act 1983; or an incorporated community organisation where all the members of the governing body are Aboriginal or Torres Strait Islander or both. Q4 How do I apply for public housing? To apply for public housing, you must meet the criteria in Q2 of Section 1 and complete a Housing Register Application form. You can get an application form from the Services and Programs Officer (SPO) or the Welfare Officer who can also help you fill it in. Department of Housing staff visit most correctional centres at least once a month and you can also ask them to help you fill in the form. Once you have completed your form, either hand it to the Department of Housing staff or ask the SPO to send it to the Department of Housing for you. The Department of Housing will assess your application and then write to you via the SPO or Welfare Officer to let you know if you have been placed on the Departments Housing Register. Please remember, there is a long wait for public housing. The waiting time depends on what housing you have requested and where it is, so it could be many years before you are provided with housing. Q5 Can I also apply for community housing? You can also apply to a community housing provider for subsidised housing in different areas across NSW. You still have to complete a Housing Register Application form and be on the Housing Register before applying for community housing. page 4 SECTION 1 I want to apply for public housing

7 Ask a Department of Housing staff member, SPO or Welfare Officer about community housing in your area. Community housing rent is usually set at 25% of your income. Q6 How long can I stay in public housing? The length of time you can stay in public housing is now matched to your need. As a new tenant, you are placed on a two, five or ten year lease, with a reassessment done towards the end of the lease to determine if you remain eligible for further public housing assistance. Q7 How can I successfully maintain a Department of Housing tenancy? When you sign a lease, the Department of Housing, just like private landlords, expects you to: pay your rent on time. Department of Housing staff, can set up direct rent payments from your benefits so that your rent is paid on time; look after the place you live in; be mindful of your neighbours, for example, by keeping the noise down; and be able to live independently (with or without support services). Q8 While I am in gaol, do I get taken off the waiting list? No. As long as we know you are in gaol, the Department of Housing will make your application inactive. An inactive application does not mean that you have been taken off the Housing Register. All it means is that the Department of Housing knows that you are in gaol, and while you are in gaol no offers of accommodation will be made to you. Once you have notified us of your release, we will reactivate your application on the Housing Register and your original application date will still apply. Q9 Section 1 What happens to my application if I don t tell the Department that I am in gaol? You won t be able to stay on the Housing Register unless you tell the Department of Housing that you are in gaol. This is why it s so important to advise the Department as soon as possible that you are in gaol. SECTION 1 I want to apply for public housing page 5

8 Section 1 Q10 How do I contact the Department of Housing? You can call the Department of Housing yourself on (24 hours, 7 days), or you can ask the Services and Programs Officer (SPO) or Welfare Officer to ring for you. You will need to sign a form authorising your SPO or Welfare Officer to talk to the Department of Housing for you. This form is called a General Collection and Disclosure Authority form. Once you have this form completed, your SPO or Welfare Officer will be able to talk to the Department of Housing about your current situation. You can sign a General Collection and Disclosure Authority form to allow any support worker to talk to the Department of Housing on your behalf. page 6 SECTION 1 I want to apply for public housing

9 Section 2 Section 2 I was a Department of Housing tenant before going to gaol Q1 What happens to my tenancy and personal property? a) If your home is going to be empty for less than three months: You can hand in your keys and end your tenancy. The Department of Housing will look at rehousing you later if you were a satisfactory tenant, provided that you re-apply for public housing before your release date, or as soon as possible after. Talk to your Welfare Officer as soon as you can. If you decide to keep your tenancy, there are other things you can do. You can get a reduced rent, which means that you will pay $5 per week for up to three months (13 weeks), at a total cost of $65. To get the reduced rent, you need to tell the Department of Housing as soon as possible that you are in custody. Speak to Department staff in the correctional centre or ask the SPO or Welfare Officer to get in touch with the Department of Housing for you. You also need to: make sure your rental payments are up-to-date. Check how much you owe the Department of Housing; tell the Department of Housing where you are or you will be charged full rent; make someone your agent while you are in gaol and advise the Department of this too. The agent will have to pay rent to the Department while they look after your home; be aware that you will be still responsible for any damage to your home and will have to pay the Department for repairs. You will need to decide what you want to do about your personal property and valuables; such as your belongings, papers, photos and SECTION 2 I was a Department of Housing tenant before going to goal page 7

10 Section 2 your pets. In some correctional centres you can ask the SPO or Welfare Officer to get in touch with Prisoners Aid (PA). PA may be able to go and collect your valuables and store them for you while you are in gaol. You will also need to talk with PA about your pets. b) If your home is going to be empty for more than three months: You must think about making someone your agent while you are in gaol; and arranging your agent to remove your personal belongings; and ending your tenancy; or transferring your tenancy to another eligible household member. The Department of Housing will look at rehousing you if you were a satisfactory tenant provided that you reapply for public housing while you are in gaol or as soon as possible after your release. Empty places are often broken into. So you need to decide what you would like to do about your personal property. Prisoners Aid (PA) or the Welfare Officer may be able to help you with this. If you are imprisoned for longer than three months and there are no other eligible household members, you must hand your keys in to the Department of Housing and end your tenancy. If you do this early and don t get into debt with the Department, you may be classified as a satisfactory tenant, and this will help you when you are applying for another property. If the tenancy is not handed back and no-one applies for succession, then after three months the Department will commence action to terminate the tenancy. Q2 What about my phone, electricity and other utilities? If you decide to give up your Department of Housing property, it is your responsibility to pay any outstanding charges and bills such as phone, electricity, or gas. The Department of Housing cannot help you to pay any of these utilities and it is your responsibility to pay any debts. page 8 SECTION 2 I was a Department of Housing tenant before going to goal

11 Q3 Can my children live in my home while I am in gaol? If you go to gaol and: your children are less than 18 years old: You can appoint an agent to stay at the property and look after your children and the property. The agent must be over 18 and could be another household member, a family member or friend. one of your children currently living with you is over 18: You can appoint that child as an agent. If you stay in gaol for longer than three months, you can request that the tenancy be transferred to this child. Whatever your decide, you must advise the Department of Housing (as well as other relevant agencies such as the Department of Community Services) that you are in gaol and that you want to appoint someone as your agent. Q4 Section 2 What if I cannot go back home because of domestic violence? There are several options if you are escaping domestic violence: if the property is in your name, you can apply for a priority transfer while in gaol; or if the Department of Housing property is in the name of the person abusing you, or your children, and you have a specific need to stay in that property, then the perpetrator (abuser) may be offered alternative Department of Housing accommodation; or if you are a former tenant and you left home due to domestic violence, you may be eligible for a new tenancy if you re-apply within six months of leaving your home. While in gaol, contact your local Department of Housing office, your Welfare Officer or SPO to find out more information about housing options. If you are a victim of domestic violence, you must supply the following documentation when applying for housing assistance on domestic violence grounds: a current Apprehended Violence Order (AVO) a medical report or medical assessment form; and a letter from any one of the following: Police Solicitor refuge social worker, psychologist, counsellor or DoCS. SECTION 2 I was a Department of Housing tenant before going to goal page 9

12 Section 2 Q5 What happens if I leave my property and I stop paying rent? You will owe money to the Department of Housing which may stop you getting another property when you leave gaol. You will also have to pay for all repairs for any damage that may have occurred. Just because you go to gaol does not mean that your tenancy with the Department of Housing stops. You must tell the Department that you are in gaol so the Department can reduce your rent (see Q1 of Section 2). If you do not tell the Department of Housing, the Department will apply to the Consumer Trader and Tenancy Tribunal (CTTT) to have your tenancy terminated. This will make it harder for you to get a place in public housing in the future. If you leave any valuable belongings behind and you have not notified the Department that you are in gaol, the Department may decide to remove and store them for 30 days. You will have to pay for any removal and storage costs when claiming back your belongings. If the Department of Housing does not hear back from you after a further 30 days, then your belongings may be sold at public auction. The Department of Housing will not take care of your pets if you are in gaol and will contact the RSPCA. Q6 What happens if my tenancy gets terminated at the Tenancy Tribunal? If your tenancy is terminated, this will be recorded against you as a tenant and will make it harder for you to get a place in public housing in the future. Q7 How do I contact the Department of Housing? You can call the Department of Housing yourself on (24 hours, 7 days), or you can ask the Services and Programs Officer (SPO) or Welfare Officer to ring for you. You will need to sign a form authorising your SPO or Welfare Officer to talk to the Department of Housing for you. This form is called a General Collection and Disclosure Authority form. Once you have this form completed, your SPO or Welfare Officer will be able to talk to the Department of Housing about your current situation. You can sign a General Collection and Disclosure Authority form to allow any support worker to talk to the Department of Housing on your behalf. page 10 SECTION 2 I was a Department of Housing tenant before going to goal

13 Section 3 Section 3 I used to live in public housing Q1 Can I get another public housing property, if I have lived in public housing before? You may be eligible to apply if you: meet the eligibility criteria in Q2 (Section 1); can show that you are able to pay the rent, look after your place, live independently, with or without support; and were a former tenant with a satisfactory record. Q2 What are the different tenancy categories? Satisfactory: if you: didn t break your Tenancy Agreement and owe the Department of Housing less than $500, and are paying this debt at an agreed weekly rate. Less than Satisfactory: if you: decided to leave and owed more than $500 in rent; and/or abandoned your place; and/or left your place in a poor condition; and/or received complaints from the neighbours. Unsatisfactory: if you: were evicted; and/or had major nuisance and annoyance complaints against you; and/or had a history of a poor tenancy with Department of Housing. Ineligible: if you: had a record of extreme breaches such as illegal activities in your home, acts of arson, or if you threatened or attacked Department of Housing staff or your neighbours. SECTION 3 I used to live in public housing page 11

14 Section 3 Q3 Can I pay back money I owe to the Department of Housing while I m in prison? Yes. You can pay a minimum of $5 per week off your Department of Housing debt. It doesn t matter if your debt is not fully paid before you are released from gaol. If you have shown good faith by trying to fix up a past debt with the Department of Housing, it will be in your favour when you next want to apply for a tenancy. However, if you are released and apply for public housing, you will need to start paying your debt. When you get a Department of Housing home you will need to continue paying off the debt, as well as rental charges on your new property. You will need to fill out an Acknowledgment of Debt and Agreement to Repay Debt form that says you agree there is a debt, how much that debt is, and how much you are able and willing to pay. The Services and Programs Officer (SPO), Welfare Officer or Department of Housing staff can get you the form. Q4 How do I contact the Department of Housing? You can call the Department of Housing yourself on (24 hours, 7 days), or you can ask the Services and Programs Officer (SPO) or Welfare Officer to ring for you. You will need to sign a form authorising your SPO or Welfare Officer to talk to the Department of Housing for you. This form is called a General Collection and Disclosure Authority form. Once you have this form completed, your SPO or Welfare Officer will be able to talk to the Department of Housing about your current situation. You can sign a General Collection and Disclosure Authority form to allow any support worker to talk to the Department of Housing on your behalf. page 12 SECTION 3 I used to live in public housing

15 Section 4 Section 4 What if I am homeless or want to rent privately? Q1 What is Temporary Accommodation (TA)? Temporary accommodation is available on a short-term basis in lowercost places such as boarding houses, refuges, and motels. The Department of Housing makes a payment directly to the landlord on your behalf. Each temporary accommodation offer depends on what you need and what is available at the time. You may get a bed for few nights if you: are going to be homeless; can t find anywhere to go; or are waiting for a priority-housing offer. Temporary accommodation can be given for a period of up to four weeks in a 12-month period. If you get into trouble in temporary accommodation (ie. damage property or behave badly) you may not get this type of assistance again. Even if you have been a tenant with Department of Housing and had past problems, you may still be able to get some help if you are going to be homeless. To apply for temporary accommodation you need to go to a Department of Housing office as early as possible. SECTION 4 What if I am homeless or want to rent privately page 13

16 Section 4 Q2 What if I suddenly need a bed for overnight or if I am released over a weekend/holiday period? You can call: The Homeless Persons Information Centre (HPIC) on or which is open every day from 9.00am to 10.00pm. This is a free service run by the Sydney City Council covering the whole of the city, and helps people find places to stay. The Department of Housing Temporary Accommodation After Hours Line on which is open from 4.30pm 10.00pm Monday-Friday, and 10.00am 10.00pm on weekends and public holidays. This service is for people who are in urgent need of a bed for the night. The Community Restorative Centre (CRC) on The CRC can give advice on housing ideas and general support for people leaving prison or on community orders. Q3 What about help in getting a private rental? The Department of Housing offers Rentstart assistance, for people who want to rent privately. Ex-prisoners who go to a Department of Housing office within one month of getting out of gaol can get Rentstart Plus which is the full bond and two weeks rent on a private place that you find. However you: have to be eligible for public housing (see Q2 of section1); have little or no savings (less than $1,000); must be able to take on the tenancy and stay for at least 12 months; must have your DCS Discharge Certificate. Your new rent must be affordable for you, which means it can t be more than 50% of your income. You can usually only get Rentstart once every 12 months. The money is paid straight to the real estate agent and it can also be used for boarding houses. Former public housing tenants with an unsatisfactory record, or who owe money to the Department of Housing, or who have been evicted, may still be able to get Rentstart. Ex-prisoners applying for Rentstart need to bring the following to the Department of Housing office: any ID; and DCS Discharge Certificate; and page 14 SECTION 4 What if I am homeless or want to rent privately

17 Section 4 a current Centrelink Income statement; and a bank statement covering the last four weeks. Q4 Can the Department of Housing help me to find my own place to rent privately? Each Department of Housing office should be able to give you a list of local properties for rent and the details of the local real estate agents. Department of Housing offices will not find you a private rental place, but will run through the steps and financial details with you. Department of Housing offices may also have a noticeboard with homes advertised by local real estate agents. There are different accommodation options in the private rental market and you can choose the one that suits your household make up and budget. Department of Housing offices can also give you a list of charitable organisations that may be able to give you furniture if you don t have any. Just let Department of Housing staff know that you need this assistance. Q5 If I am living in private rental accommodation and I go to gaol will I lose my bond? Keeping your rental bond will depend on the following circumstances: Fixed-term Tenancy Agreement - if you go to gaol before your tenancy agreement expires (ie. 6 months) you may lose your bond because you are terminating the agreement earlier than expected. Rental arrears and property damage - if your rental account is in arrears or you have damaged the private rental property, the real estate agent may decide to keep the rental bond to cover some of the rental loss or property damage. The real estate agent may pursue this decision through Consumer Trader and Tenancy Tribunal (CTTT) as well. Assistance for rental bond - if the Department of Housing provided your rental bond and you go to gaol the bond may be refunded to the Department of Housing through the Rental Bond Board. You cannot be refunded a rental bond that the Department of Housing has paid for you. If you paid the rental bond with your own money, your tenancy was satisfactory, and you are not bound by the fixed-term tenancy agreement, then you can negotiate with the real estate agent to have the bond refunded to you. Remember that all negotiations about the rental bond need to be with your real estate agent. SECTION 4 What if I am homeless or want to rent privately page 15

18 Section 4 Q6 Can I appeal Department of Housing decisions? Yes, you can ask for a decision to be reviewed, if you believe that: not enough consideration has been given to your individual circumstances; the decision is against Department of Housing policy, or involved a poor interpretation policy; or the procedures used to reach the decision were incorrect. The review will: re-assess the application; and decide whether Department of Housing policy and procedures have been applied correctly and fairly. There are two levels of review. The first level of review is an internal review carried out by a person more senior than the one who made the original decision. The second level of review is an independent review by the Housing Appeals Committee. Other decisions can be resolved at the Consumer Trader and Tenancy Tribunal (CTTT). The Services and Programs Officer (SPO) or Welfare Officer can contact the Department of Housing to enquire about the appeals process or you can talk to Department of Housing staff about your appeal. Q7 How do I contact the Department of Housing? You can call the Department of Housing yourself on (24 hours, 7 days), or you can ask the Services and Programs Officer (SPO) or Welfare Officer to ring for you. You will need to sign a form authorising your SPO or Welfare Officer to talk to the Department of Housing for you. This form is called a General Collection and Disclosure Authority form. Once you have this form completed, your SPO or Welfare Officer will be able to talk to the Department of Housing about your current situation. You can sign a General Collection and Disclosure Authority form to allow any support worker to talk to the Department of Housing on your behalf. page 16 SECTION 4 What if I am homeless or want to rent privately

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20 c NSW Department of Housing June 2007_70014