Aboriginal People and Housing Assistance - ALL0030B

Policy

Housing NSW will:

• Provide public housing and housing related services which are appropriate to the needs of Aboriginal people in NSW
• Make sure Aboriginal people and Torres Strait Islanders receive culturally appropriate information that will help them make an informed choice about their housing options
• Manage and maintain Aboriginal Housing Office properties on behalf of the Aboriginal Housing Office (AHO).

For more information on this policy, look in Entitlement, Background and Business Rules.

Entitlement

Aboriginal people and Torres Strait Islanders are entitled to the range of services available to all eligible clients.

In addition, they may choose to:

• Be identified on the Housing Register as being eligible for Aboriginal Housing Office properties (which are owned by the Aboriginal Housing Office and managed on their behalf by Housing NSW) as well as accommodation managed by Housing NSW or Community Housing Provider.
• Take up their entitlement to 1 extra bedroom to help them meet their family responsibilities.
• Seek accelerated progression on the Housing Register if they or members of their household are over 55 years of age. See the policy on Housing Assistance for Elderly Clients - ALL0030D.
• Have their Aboriginality confirmed to access their entitlement to a 10 year lease if 45 years of age or over.
• Nominate their interest in living in a Senior Communities property if 45 years of age or over.

Aboriginal people and Torres Strait Islanders can expect:

• Services which are appropriate to Aboriginal or Islander culture and the needs of the Aboriginal communities in NSW
• To be provided with accurate information and access to the full range of Housing NSW housing assistance and services.

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Background

In July 1998, the Aboriginal Housing Office was established. It is run by an all-Aboriginal board and aims to improve the management and standards of housing for Aboriginal people and Torres Strait Islanders in NSW.

The AHO is an important step in supporting self-determination in the management of services for Aboriginal people and Torres Strait Islanders.

Properties that were part of the Housing NSW’s Housing for Aborigines (HFA) scheme were transferred to the Aboriginal Housing Office. Housing NSW currently acts as managing agent for the Aboriginal Housing Office and provides the following services for these properties:

• Allocations
• Tenancy management
• Property management.

These services are provided as negotiated with the Aboriginal Housing Office and documented in the Service Agreement between Housing NSW and the Aboriginal Housing Office.

Eligible Aboriginal people and Torres Strait Islanders can also access community housing, general public housing and all other Housing NSW services such as Rentstart, Special Rental Subsidy and Disability Rental Subsidy.

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Business Rules

Eligibility for general public and community housing as well as Aboriginal Housing Office accommodation

The client is able to identify themselves as eligible for general public and community managed housing, as well as Aboriginal Housing Office properties. The Client Service Officer will explain this to the client and advise them of the documentation needed.

Confirmation of Aboriginality

To be eligible for housing through the Aboriginal Housing Office program,or to take up an entitlement to 1 extra bedroom, or to be eligible for a 10 year lease if 45 years of age or over, a client must provide confirmation of their Aboriginal or Torres Strait Island descent, by completing an Aboriginal Housing Office Declaration - DH3020 (PDF, 133KB) which must be certified by either:

1. An Aboriginal or Torres Strait Islander association incorporated under Part IV of the Aboriginal Councils and Associations Act 1976.
2. Aboriginal Land Councils within the meaning of the Aboriginal Land Rights Act 1983.
3. An incorporated community organisation where all the members of the governing body are Aboriginal or Torres Strait Islander or both.

At least one member of the household must be an Aboriginal person or a Torres Strait Islander.

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CRA Rents

Commonwealth Rent Assistance entitlements will be assessed for Aboriginal Housing Office households for rental subsidies so as to maximise the rent assistance received by those households.  Where household members are assessed as receiving CRA, it will be calculated at 100% and added to the rent for their household. See the Rent Subsidy Policy SUB0044A.

Swapping AHO properties

Mutual exchanges can only be approved for Aboriginal Housing Office tenants if:

• Both properties are Aboriginal Housing Office properties, or
•  At least one household member, of the public housing dwelling offered for exchange, is an Aboriginal person or a Torres Strait Islander.

The normal mutual exchange criteria must also be met. See the policy on Mutual Exchange - EST0005A.

Sales and/or Demolition of Aboriginal Housing Office Properties

The sale or demolition of an Aboriginal Housing Office property must have the prior approval of the Aboriginal Housing Office.

Lease Review

If Housing NSW proposes not to extend the lease of a tenant of an Aboriginal Housing Office (AHO) property after the fixed term lease review, the final decision making will be referred to the AHO. For more information see Types and Length of Lease Policy - EST0208A.

Evictions

Any action to evict the tenants of properties managed by Housing NSW for the Aboriginal Housing Office must be approved by the Chief Executive Officer of the Aboriginal Housing Office, prior to the purchase of a Warrant of Possession. The CEO must be satisfied that all appropriate steps to save the tenancy have been taken.

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Succession of Tenancy

Like all other tenants, Aboriginal tenants are entitled to apply to have their tenancy transferred to another household member. There are additional business rules relating to Succession of Tenancy applications for Aboriginal Housing Office (AHO) properties. See the policy on Succession of Tenancy - EST0017D. If the property was originally an Aboriginal Welfare Board dwelling, preference will be given to the descendants of the original tenant.

Property Damaged by Fire or Natural Disaster

The Chief Executive Officer of the Aboriginal Housing Office must be informed of:

• Any fire or natural disaster which affects an Aboriginal Housing Office property or tenants
• Any action taken to accommodate or support the tenants.

Maintenance

Client Liaison Officers and HCC Operators are able to authorise and organise repairs within the limits set by the Aboriginal Housing Office.

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* The total amount which can be authorised for maintaining a property is capped at $10,000 per year. This includes any work authorised by the Client Liaison Officer and the Senior Client Service Officer (Technical).

Aboriginal Housing Office properties must be safe, secure and fit to live in and are subject to the normal maintenance policy. Tenants of Aboriginal Housing Office properties may request maintenance in the usual way through the Housing Contact Centre or local Housing NSW office.

If the work to be completed exceeds the authorised limits or involves major alterations or additions, it must be approved by the Aboriginal Housing Office.

Vacant Aboriginal Housing Office Properties

Housing NSW will notify Resitech when an Aboriginal Housing Office property becomes vacant. Resitech will then determine if the property is to be upgraded.

Managing Housing Aboriginal Community Programme (HACP) Properties.

Occasionally the Aboriginal Housing Office requires housing management services for properties purchased for Aboriginal Housing providers to lease to Aboriginal and Torres Strait Islander clients. This occurs when an existing housing provider goes into liquidation or is no longer deemed to be capable of managing these properties.

All aspects of the management of HACP properties remain the same as those managed on behalf of the Aboriginal Housing Office. The difference will be the initial rent setting for the current tenant in occupation of the premises, which AHO will advise as part of the hand over process.

Appropriate Behaviour

Housing NSW and contractors who visit or work on a Aboriginal Housing Office property must be culturally sensitive and act in a respectful and appropriate way. Racist or insensitive behaviour will not be tolerated.

Transfers for Aboriginal people and Torres Strait Islander Tenants

Like all clients, Aboriginal Housing Office tenants can apply for a transfer. Normal criteria must be met. See the policy on Transfers (Rehousing) - ALL0160A.

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Clients Over 55 Years of Age

Eligible Aboriginal people or Torres Strait Islanders who are over 55 years of age are entitled to housing assistance as a senior client. Senior clients on the Housing Register receive accelerated assistance with public housing. See the policy on Housing Assistance for Elderly Clients - ALL0030D.

Clients 45 Years of Age and over

Eligible Aboriginal or Torres Strait Islanders who are 45 years of age or over are entitled to a 10-year fixed term lease in both Housing NSW and Aboriginal Housing properties managed by Housing NSW. See the policy on Types and Length of Lease policy - EST0208A.

Appealing Decisions or Actions

If a client disagrees with a decision Housing NSW has made, they should first discuss their concerns with a Client Service Officer. The next step if they still believe we made the wrong decision is to ask for a formal review of the decision. For information on how reviews work, the client can ask the Client Service Officer for a copy of the fact sheet Reviewing Decisions (PDF file, 397 KB) or read the policy Appeals and Review Decisions - EST0015A.

If the client feels that they have been treated unfairly or have been subject to discrimination, the client can make a complaint. See the policy on Client Feedback - EST0008A.

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