Amnesty protects most from eviction

Most public housing tenants who provide information to Housing NSW under its Tenant Fraud Amnesty will be protected from eviction, says the TU.

In response to concerns about the amnesty raised by TU, the then Minister for Housing, the Hon. Matt Brown, has confirmed that “Housing NSW will not issue a notice of termination based solely on arrears which arise by reason of a self disclosure during the term of the amnesty”.

However, the minister also advised that the amnesty does not prevent Housing NSW from terminating tenancies under its policy of reviewing tenancies according to continuing eligibility. This policy applies to tenants who entered public housing from July 2005 on fixed-term agreements.

The advice follows discussions between the TU and the Minister for Housing and Housing NSW about the extent of the protection offered by the amnesty.

The amnesty, which runs until 30 September 2008, was introduced to encourage public housing tenants to inform Housing NSW where they are receiving the wrong rental rebate.

The amnesty protects tenants who provide information to Housing NSW from criminal prosecution for fraud, and from debt proceedings to recovery overpaid rental rebates.

The TU was concerned that the amnesty did not technically protect tenants from proceedings to terminate their tenancies.

In particular, the TU was concerned that if a tenant informed Housing NSW that they had been receiving the wrong rental rebate, Housing NSW could retrospectively vary the rental rebate and place the tenant in arrears, and then take termination proceedings on grounds of the arrears.

The minister’s advice confirms that Housing NSW will not take such proceedings against tenants who provide information under the amnesty.

The TU encourages public housing tenants to consider using the amnesty.

If you give Housing NSW updated information by 30 September 2008 and they work out that you are behind in your rent, they will not evict you.

Housing NSW gives some examples of what you should tell them about:

• someone new coming to live in your houselhold
• inheriting or buying a property
• income from owning or operating a business
• where you are no longer living in  your Housing NSW property
• an adult living in the household starting or leaving a job
• adult children leaving home.

To update your information with Housing NSW, call them on 1800 813 447.  If you have any questions or concerns, speak to your local Tenants Advice and Advocacy Service first.