ALLOCATIONS POLICY AND PROCEDURE Date Created: 19 JULY 2012 (Amendment 18.07.13) Review Period: 3 YEARS Previous Review: Next Review Due: JULY 2015 EIA Screening: 27.02.09 Review By: Responsible Director: Approved By: Code: KATE SPENCER OPERATIONS DIRECTOR BOARD P5 Associated documents:
YORK HOUSING ASSOCIATION ALLOCATIONS POLICY AND PROCEDURE 1 INTRODUCTION York Housing Association is a registered provider with charitable status. The Association's mission is to build and maintain good quality affordable housing, and to be an excellent landlord and provider of housing and support services. We are in business for neighbourhoods, putting our energy into creating places where people want to live. We will provide rented accommodation for people who are in housing need and are least likely to be able to meet their housing need in other sectors of the housing market. We will take account of our responsibility towards existing tenants and the need to balance and sustain neighbourhoods when allocating properties. Housing is allocated to: Applicants registered on the housing waiting lists Applicants nominated by the local authority Applicants referred by other agencies for supported and student accommodation Existing tenants of the Association who have been accepted onto the transfer list Properties will be allocated according to the needs of the household at the time of letting. We will not knowingly allow new tenants to under occupy or over occupy a property; unless there is no demand from larger households (providing they are not in receipt of welfare benefits and can pay the full rent from their income). We will use the definitions set out in the Welfare Reform Act to decide how many bedrooms are required for each household. 2 EQUALITY & DIVERSITY In allocating housing we will ensure that all applicants are treated equally and fairly. We will not treat any applicant for housing less favourably because of race, gender, transgender, disability, sexual orientation, religion/belief, or age. We will make the best possible use of properties, ensuring that housing built or specifically adapted for people with disabilities continues to be allocated only to those applicants, wherever possible. We will set targets for lettings to people from BME communities and monitor our performance against these targets. We will profile our existing customers and profile the communities where we operate and set targets as appropriate and create a process which is appropriate to all.
3 WHO WE HOUSE The majority of our housing stock is made up of accommodation for single people and couples, and sheltered accommodation for people 55 years or over we will consider people at a lower age due to special circumstances such as medical reasons or disability need, including mental ill health and vulnerability). We have some accommodation for families, shared accommodation for single people and supported and student housing. We also work closely with City of York, Scarborough Borough and Ryedale District Councils securing properties through private sector leasing agreements to provide temporary accommodation to homeless households. 4 ACCOMMODATION IN YORK Priority Banding System for Applicants for Housing in York The majority of our accommodation is in York. We are a partner in the York Housing List which has been set up to make applying for housing in York easier for applicants. By completing a housing application form and returning it to any partner (listed on the back of the application form) an applicant will automatically be considered by us, unless they specifically request otherwise. We have an IT link to a central database of applicants and we allocate using the following banding system. Band A - Very Urgent - this band includes households who have a local connection and are accepted as homeless, who are fleeing violence and abuse, including domestic violence, accepted as homeless with health and wellbeing priority, management decants and transfers, people who need to be rehoused following an intensive/approved resettlement programme and people under occupying YHA housing. Band B - High Priority - this band includes households who have a local connection and are homeless households in priority need, applicants prioritised by the learning disabilities panel and mental health accommodation panel, care leavers, people who need to move to be closer to support networks, people living in private rented accommodation in disrepair, people with health and wellbeing issues (although not as severe as in Band A), people who lack facilities (kitchens, bathrooms), potential homeless households, tenants needing two or more extra bedrooms. Band C - Medium Priority - this band includes applicants who have a local connection to York and are considered to need housing because of health and wellbeing issues (although not as severe as Bands A and B), people who are overcrowded and need one or more additional bedrooms and other homeless households. Band D - Low Priority - this band includes applicants who are not currently in local authority or Registered Provider properties who have a local connection to York and are considered to need housing because they are on means tested benefits, share facilities, are separated families or under occupying in the private rented sector.
Band E - No Priority - this band includes applicants who live in the City of York and are adequately housed or live out of the City of York boundary. Please note CoYC is part of the new sub regional choice lettings scheme. YHA will be joining this scheme and would seek Board approval to reword this section as appropriate. 5 ACCOMMODATION IN LEEDS We have an estate of approximately 80 properties in Rothwell, Leeds. We are a partner in the Leeds Housing Register which has been set up to make applying for housing in Leeds easier for applicants. By completing an application form and returning it to any partner (listed on the back of the application form) an applicant will automatically be considered by us, unless they specifically request otherwise. Leeds City Council provide a full administration service and applicants are prioritised according to their priority banding system. When a vacancy arises this will be advertised as a choice based letting through Leeds Homes. The Council will draw up a shortlist of applicants and we will assess the shortlist against the criteria outlined above. Priority Banding System for Applicants for Housing in Leeds Priority Extra: Consists of those applicants who require urgent rehousing where the Council has a legal duty to consider them for accommodation. Priority: Consists of those applicants whom the Council has a legal duty to consider for rehousing. We accept applications from people who live outside the Leeds boundary but only where there is a connection with Leeds (eg employment). 6 ACCOMODATION IN SCARBOROUGH We have temporary accommodation for homeless households in Scarborough and self contained accommodation for people with mental ill health. We allocated the temporary accommodation to applicants nominated by Scarborough Borough Council and the accommodation for people with mental ill health are nominated by social services. 7 APPLICANTS WITH NO PRIORITY Where an application has been assessed as having no priority, we will inform the applicant in writing. Occasionally the Association has vacancies in properties which are considered low demand and these can be allocated to people with no priority. The applicant will be given the choice of remaining on the waiting list to be considered for a low demand property. 8 SHARED ACCOMMODATION We have a number of shared properties for single people in York (where tenants have their own room but share other facilities). We hold a separate waiting list for this type of accommodation. Application forms are available
from our office at 2 Alpha Court. In view of our responsibility to existing tenants, shared housing may not be considered suitable for everyone that applies and we take into account issues such as compatibility with existing tenants, past tenancy history, anti social behaviour, drug and alcohol mis-use issues when making allocations. 9 OTHER ACCOMMODATION Accommodation for students and supported housing is let under separate arrangements with referral agencies. Information on how these types of accommodation are let can be made available on request. 10 NOMINATION ARRANGEMENTS WITH LOCAL AUTHORITIES We have entered into nomination arrangements with City of York Council and Leeds City Council which means that a percentage of our vacancies can only be allocated to people put forward for rehousing by the local authority. Nomination rights range from 50% to 100% on individual schemes. We will accept the nomination that has the highest priority with the local authority concerned, unless we have good reason to make a sensitive letting (such as where neighbours have experienced problems with the previous tenant s antisocial behaviour). Where there is a need for a sensitive letting we will discuss our reasons with the local authority and seek their agreement. 11 APPLICANT CHOICE We believe that offering choice to applicants will increase our ability to sustain neighbourhoods and we will not penalise people for refusing offers. Where possible we will participate in choice based lettings schemes operated by City of York Council and Leeds City Council. At present we are operating choice based lettings in Leeds in accordance with the scheme run by Leeds City Council. 12 APPLICANTS UNDER 18 We will accept applicants onto the waiting list who are 16 or 17 years of age. We want to ensure that young people have every chance of making a success of their tenancy. We will offer accommodation where there is a financial guarantor and a support package and the young person agrees to accept the support on offer, where needed we will assist the young person in accessing a financial guarantor or support package. The support package could be offered by a range of agencies and, in some circumstances, may be provided by our own Floating Support scheme. The young person will be offered an Equitable Tenancy until they reach 18 years of age at which time this will convert to an Assured Tenancy. 13 VULNERABLE APPLICANTS Great emphasis is placed on sustaining tenancies. Our support services are utilised to ensure that applicants who would have difficulty maintaining a tenancy independently are given every chance of success. When assessing applications we will seek to identify those applicants who may need support. Tenancies will only be offered where the applicant s identified support needs
can be met either by ourselves or other agencies and where the applicant is committed to accepting this support. 14 HOME OWNERS We will consider applicants who own their own homes but only where, due to their financial circumstances, they are unable to solve their housing need by purchasing or renting another property on the open market. Where an applicant has indicated that they own their own home they will be asked to complete a separate financial assessment form. 15 EXCLUSIONS AND DEFERRED APPLICATIONS EXCLUSIONS We may refuse to rehouse some applicants. Applicants or members of the applicants household wishing to be housed with the applicant may not be considered for accommodation in the following circumstances. Before reaching a decision we will take account of whether the applicants unacceptable behaviour is serious enough to make them unsuitable as a tenant. Each case will be considered individually. Nuisance Drugs Where there has been an eviction for drug dealing or nuisance which involved drug dealing. Anti-social Behaviour Where there has been an eviction, a possession order, an anti-social behaviour order or an injunction granted for anti-social behaviour. Threats/Violence to Staff Where there have been serious threats or violence or serious verbal abuse, for instance racist, sexist or homophobic abuse, towards the Association's staff, or staff of other Registered Social Landlords or Local Authorities. Other Category False information Where information that is materially false, deliberately withheld or misrepresents housing circumstances with the intention of procuring housing has been knowingly given. Decision to Exclude If we decide that an applicant is excluded from applying for housing they will be notified in writing of the decision and the reasons for it. If an applicant is excluded their application will be suspended for a period of no longer than two
years, they will be notified in writing of the date that they can reapply for inclusion on the waiting list.. Decisions to exclude will be made by the Housing Manager. There is a right of appeal (see below) DEFERRED APPLICATIONS Where an applicant owes monies to ourselves, another Registered Social Landlord or Local Authority we may defer their application for a period of time to allow the applicant to come to an acceptable arrangement with their previous or current landlord to clear the debt. Each case will be decided individually and all decisions will be recorded. Rent Owed Where rent is owed to either York Housing Association, another Registered Social Landlord or Local Authority the application will be deferred until regular repayments have been demonstrated to have been made as follows; Less than 500 owed - application deferred until regular payments have been made for a minimum of 10 weeks More than 500 owed - application deferred until regular payments have been made for 26 weeks. Other Debts Owed to York Housing Association Where monies (other than rent) are owed to the Association the application will be deferred until regular repayments have been demonstrated to have been made as follows; Less than 500 owed - application deferred until regular payments have been made for a minimum of 10 weeks More than 500 owed - application deferred until regular payments have been made for 26 weeks We recognise that there are situations where people find themselves in financial difficulty and therefore each case will be looked at on its merits. Where a household is deemed to be under-occupying a property according to the definitions in the welfare reform act we will prioritise them for a transfer to smaller accommodation even if they owe rent arrears or other debts to York Housing Association. We will, however, expect them to come to an arrangement to pay their arrears or other debts and to maintain this arrangement when they move to alternative accommodation. Former Tenancies with York Housing Association Abandoned Tenancies
Where a previous tenancy with the Association has been abandoned leaving rent arrears, other debts and/or damage the application will be deferred until regular repayments have been demonstrated to have been made as follows; Less than 500 owed - application deferred until regular payments have been made for a minimum of 10 weeks More than 500 owed - application deferred until regular payments have been made for 26 weeks MONITORING EXCLUSIONS AND DEFERRED APPLICATIONS Senior Management Team, reporting to Board will receive an annual report of refusals to ensure no direct or indirect discrimination is taking place. APPEALS PROCEDURE An applicant may request a review of our decision. If they wish to request a review they should contact the Operations Director within 28 days of receiving our decision. If the applicant remains dissatisfied with the decision they can pursue the matter through the Association's complaints procedure. If the applicant considers that they should no longer be excluded (through a change in circumstances) they have the right to make a new application. 16 TRANSFERS AND EXCHANGES Who Can Apply? All tenants can apply for a transfer to another York Housing Association property but only those with a housing need are likely to be considered for alternative housing. Examples of housing need are: The property is too large or too small for the tenant's current circumstances. There are medical and disability reasons for needing to move that cannot be solved by adapting the existing property. Supporting letters from tenant s doctor would be required. Social, community connections, close to carers or day services or to escape domestic violence or abuse. Unfortunately we do not have enough accommodation for everyone who would like to move so when vacancies arise we want to make sure that we allocate to the people with the highest need and at the same time make best use of the accommodation available. All transfer applications will be assessed to determine whether the transfer application falls into the High, Medium or Low categories or Non-Priority category. Properties will normally be allocated to applicants who are in the Priority category. Applicants in the
Non-Priority category would only normally be offered a transfer to a low demand property or where there were reasons beneficial to both the Association and the tenant for offering a transfer. Tenants who are deemed to be under occupying their property, according to the definitions in the welfare reform act, will fall into the high priority category for a transfer to smaller accommodation. Who May Not be Granted a Transfer? Transfers to self contained properties will not be offered to tenants in shared housing unless they meet the "housing need" criteria outlined above. We would not normally expect tenants to transfer where they are being harassed by their neighbours unless, following investigation, the Association felt they were at risk in their present home. Instead action would be taken against the perpetrator. Tenants who are in arrears with their rent or have breached any other terms of their tenancy would not normally be offered a transfer. The Association will not allow a tenant to move if they have failed to keep their property in good order. Where a tenant's income has substantially increased since being housed, the Association may not accept an application for transfer if there are other options available (eg purchasing a property or shared ownership). Transfer Banding System Band A High Priority: this band includes households who are the victims of harassment, fleeing violence or racial harassment, people with health and wellbeing issues that are adversely affected by their current accommodation. For example someone who may have mobility or disability needs requiring ground floor. Band B Medium Priority: this band includes people with health and well being issues (although not as severe as Band A) and people requiring an extra bedroom. Band C Low Priority: this band includes people with health and wellbeing issues (although not as severe as Band A and B), people living for a number of years in shared housing which may no longer be suitable, and people in permanent supported housing but no longer needs support. No Priority - Applicants with no priority will be held on the non priority list and will only be considered for a low demand property where there are reasons beneficial to both the Association and the tenant for offering a transfer. Transfers are operated separately to the York Housing List and Leeds Housing Register, the only exceptions being management transfers and under-occupation of properties. If we wish to transfer a tenant on either of these grounds but should be offering a nomination to the local authority, we will demonstrate to the local authority concerned that the transfer applicant
has high priority and will offer the local authority the resulting vacancy. We will seek local authority agreement before making the allocation. Other Options If you need to move to another part of the country you may be eligible to apply to Homeswapper using the website service www.homeswapper.co.uk This site allows you to register your interest and matches your preferences with people wishing to move into your area. Before swapping you need to ask our permission. A standard form can be found on our website www.yorkha.org.uk or contact any member of staff and they will send a form to you. Please note we are currently in discussions with Homeswapper with a view to subscribe on behalf of our tenants and would seek Board approval to reword this section as appropriate. Mutual Exchange Tenants of a local authority or registered provider have a right to swap their tenancy with each other. Once an exchange partner is identified permission must be gained from each landlord. Permission will only be withheld if the exchange causes overcrowding or under-occupation (according to the definitions of the welfare reform act) or a tenant is in rent arrears or subject to the terms of a court order. 17 CONFIDENTIALITY AND DATA PROTECTION All information provided by applicants will be treated in the strictest confidence and only used for the purposes of; Processing applications Providing statistical information to monitor the allocation of housing We will share information with third parties only where the applicant is aware, and has given consent, to an exchange of information. In addition we will comply with the Data Protection Act 1998 with regard to the holding, storing and processing of information. 18 HOW PROPERTIES ARE ALLOCATED When a vacancy arises we decide whether this should be allocated to a local authority nomination or waiting list or transfer applicant. In all cases we will draw up a shortlist of applicants. Where the applicants are nominations or registered on the waiting list we will carry out a home visit to verify the details supplied on their application form. Under normal circumstances the property will then be allocated to the person with the highest priority. On occasions we may need to allocate bearing in mind the needs of existing neighbourhoods and communities and in this case the applicant with the highest priority may not be allocated the property. At least two members of staff will be involved in making decisions about allocations and all decisions will be recorded in writing.
19 LOCAL LETTINGS PLANS We may decide to operate a local lettings plans on new schemes or on some existing schemes to balance a community (this could take account of issues such as child density or economic factors). Where we decide to introduce a local lettings plan this will only happen after full consultation with the local authority. Any local lettings plan will be equality impact assessed and attached to this Allocations Policy. 20 APPEALS/COMPLAINTS Where an applicant feels they have been treated unfairly they can pursue the matter through our complaints procedure. Once the Association s complaints procedure has been exhausted, applicants have the right to refer the matter to the Independent Housing Ombudsman Scheme, details of which can be obtained from the Association s office at 2 Alpha Court.