Aboriginal housing in the NT: legal issues Nicole Stobart and Rachana Rajan NAAJA, Civil Law Section
Housing issues impact: • Mental and physical health • Employment • School attendance • CDP (work for the dole) participation • Domestic violence • Child protection concerns • Criminal justice involvement
Regulatory framework • Residential Tenancies Act (“RTA”) • Housing Act • Policies of the Department of Housing and Community Development (“the Department”)
Common issues seen by NAAJA • Debt • Repairs • Antisocial behaviour • Housing applications • Limited awareness of legal rights
Debts What tenants tell us: • “I have a debt for repairs and maintenance at my last house” • “I have a debt for something in my house that Housing fixed up” • “I owe Housing money for not paying rent” • “I have a really big debt and I don’t know why” • “I am being evicted because Housing says I owe them money” • “Housing is asking me to pay for something that was already broken when I moved in
Debts – repairs and maintenance What we do: • Use the Residential Tenancies Act • Ask for review of the debt according to initial state of the premises, reasonable wear and tear and damage that was not intentional or negligent • Argue that they are statute-barred • Complain to the NT Ombudsman
Debts – repairs and maintenance Issues we face: • Wear and tear and prior condition not initially considered by the Department • Tenants not knowing rights in relation to inspections • Inadequate records • Proving damage was not intentional or negligent
Debts – repairs and maintenance What we would like to see: • Education from the Department at the start of a tenancy • The Department consistently applying fair wear and tear and existing damage before issuing debts • Tenants being referred for legal advice when a debt is alleged • Tenants being referred for legal advice before an exit inspection • Best practice with record keeping
Debts – unpaid rent What we do: • Ask them to be reconciled • Argue that they are statute-barred • Complain to the NT Ombudsman
Debts – unpaid rent Issues we face: • Unreconciled debts being alleged • Tenants advised of debts late • Department pursuing old debts • Complexity of how rent works • Department not backdating rebates
Debts – unpaid rent What we would like to see: • Policy not to pursue debts that are more than 3 years old • Policy around advising tenants that they have a debt • A proactive, communicative approach to rent policy • Review of the way rent works • Less onerous rebate system • Communication with Centrelink for rebates
Remote housing repairs What tenants tell us: • “I have told Housing about repairs for months” • “Contractors were fixing up other houses but they didn’t come to mine”
Remote housing repairs What we do: • Give advice on the Residential Tenancies Act • Apply to NTCAT for the repairs and/or compensation • Complain to the NT Ombudsman
Remote housing repairs Issues we face: • Barriers to written repair requests • Department assuming tenant responsibility • Inadequate records • Cross-claims for large, unrelated debts previously unknown to the tenant
Remote housing repairs What we would like to see: • Proactive maintenance by the Department • Support to write notices of repair • Skills building in remote communities • The Department acting as a model litigant
Antisocial behaviour What tenants tell us: • “I’m getting kicked out of my house for having people around” • “I signed some papers about behaviour that I don’t understand” • “Housing is evicting me because I got too many points”
Antisocial behaviour What we do: • Consider what is antisocial • Advise on and challenge notices of direction, Acceptable Behaviour Agreements (“ABAs”), the Red Card Policy • Advise whether conduct of Public Housing Safety Officers or police is lawful
Antisocial behaviour Issues we face: • Tenants see us when they are getting evicted • Unclear processes and policies around use of interpreters and legal referrals • Unsure if tenancy support programs used enough
Antisocial behaviour What we would like to see: • A homelessness prevention approach • Review of policies and practices about using interpreters and early referrals to tenancy support services and lawyers
Housing applications What tenants tell us: • “There are too many people in my house” • “I am homeless” • “It’s taking a long time for me to get a house” • “Housing lost my application”
Housing applications What we do: • Advise on application process and eligibility • Help or refer for help with housing applications • Ask for applications to be reinstated or backdated • Complain to NT Ombudsman about systemic issues
Housing applications Issues we face: • Complex application process • Difficulty of keeping in touch with the Department
Housing applications What we would like to see: • Better resources, particularly in community • A proactive approach by the Department • Outreach housing support programs
Awareness of legal rights Limited due to: • Department not properly considering low English literacy of tenants • Department not considering disadvantage of remoteness • Lack of referrals to legal services • Late engagement with legal services
See a lawyer if… • The Department says you have a debt • You receive an eviction notice • The Department asks you to sign something • Y ou don’t understand the Department or their letters • You need repairs done or your house is in bad condition • There are problems with your application • You are not happy with PHSOs or police • Something “doesn’t feel right” • You don’t like how housing in the NT works
Legal assistance • NAAJA and most community legal centres help individual people • Most housing issues are legal issues • Early legal advice is the best legal advice! • NAAJA can deliver (some) education on tenants’ rights NAAJA Darwin – 1800 898 251 NAAJA Katherine – 1800 897 728 NAAJA Alice Springs – 1800 636 079
Wish list Progress. These issues are not new. • Compliance with the Residential Tenancies Act • Practical policies with a homelessness prevention approach • Focus on community knowledge and skills • The Department as a model litigant
Resources • NAAJA’s response to Housing strategies and issues paper, 2016 (www.naaja.org.au) • Commonwealth Ombudsman report on remote housing reforms in the NT, June 2012 (www.ombudsman.gov.au) • “Let there be light” – Department and Power & Water response to widespread damage to electricity meters in a remote community, June 2015 (www.ombudsman.nt.gov.au) • NT Legislative Assembly report on repairs and maintenance in town camps, May 2016 (www.parliament.nt.gov.au)
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