Policy
Entitlement
Background
Business Rules
Appeals
Policy
People experiencing a short-term housing crisis who are not eligible for public housing may apply for Emergency Temporary Accommodation from the Department of Housing.
If approved, the Department will provide short-term temporary public housing or headlease accommodation for up to 3 months.
The maximum rent any household will pay is the market rent for the property. Emergency temporary accommodation tenants who are on a low income may apply for a rental subsidy so that the amount of rent they pay is affordable. See the policy on Rental Subsidies (SUB0044A).
Emergency Temporary Accommodation is only available to people who:
- Are not eligible for public housing, and
- In urgent need of short-term temporary accommodation, and
- Cannot resolve the need themselves, and
- Cannot be accommodated by family or friends, and
- Are not eligible for other forms of assistance from other agencies because of income or temporary residency status.
Clients approved for Emergency Temporary Accommodation who wish to live in a designated high demand allocation zone will need to undertake a Locational Needs Assessment. See the policy on Locational Need (ALL0140A).
Where an approved client requires temporary accommodation due to a natural disaster, the Department will make every reasonable effort to ensure that the household is relocated to an area that minimises disruption to their daily routines such as work and school. See the policy on Emergency Response (EST0009A).
For more information on this policy look in Entitlement, Background and the Business Rules.
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Entitlement
People who do not meet the Department’s eligibility criteria for public housing and are in urgent need of short-term crisis housing may apply for Emergency Temporary Accommodation.
This type of assistance is only available to people in extreme situations. If the Department approves the application, a three month fixed term lease will be organised on the day the application is approved.
Eligible clients will be allocated a property that is:
The Department will only make 1 offer of accommodation to an approved applicant. If the offer is refused, it will be withdrawn and approval rescinded. This means that the client will not receive any further offers of Emergency Temporary Accommodation.
Background
The Department of Housing uses its resources to provide housing assistance to low income applicants who demonstrate that they have a medium to long term housing need which they are unable to address themselves.
Emergency Temporary Accommodation is intended to assist people in the general community who are facing hardship due to a crisis, or emergency situation, which has made them temporarily homeless. Short-term emergency housing enables people who are not normally eligible for public housing assistance to access temporary public housing while they arrange alternative medium to long term accommodation themselves.
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Business Rules
Urgent Need for Short-Term Emergency Temporary Accommodation
To be eligible for Emergency Temporary Accommodation a client must demonstrate that they have an urgent need for short-term emergency accommodation which they cannot resolve themselves.
A urgent need for temporary accommodation may exist where a client:
- Cannot live in their home because it is uninhabitable due to natural disasters such as fires, floods, earthquakes or storms
- Cannot live in their home due to a domestic violence situation which places them, or a child, at risk of harm
- Has removed a child at risk of abuse from the family home
- Has custody of children and is homeless
- Is an asylum seeker holding a bridging visa facing a housing crisis with no income, or little income
- Is a sponsored migrant whose sponsorship agreement has broken down due to a sudden change in circumstances
For more information, see the policies on Child Protection (EST0123A), Domestic Violence (ALL0165A) and Emergency Response (EST0009A).
Unable to Resolve their Housing Need Themselves
If a client has demonstrated that they have an urgent need for short-term emergency accommodation, they must also demonstrate that they are unable to resolve their housing need themselves in order to be eligible for Emergency Temporary Accommodation.
The client’s ability to resolve their urgent short-term emergency housing need is assessed by looking at the following:
- Any assets or savings they could use
- The client’s housing requirements such as the number of bedrooms their size household requires or need for disability modifications
- The appropriateness of alternative housing options such as Rentstart or Temporary Accommodation (if eligible)
- The inability of the client to obtain private rental accommodation due to factors such as discrimination.
To be approved for Emergency Temporary Accommodation the Department must be satisfied that the client does not have the ability to resolve their housing need, and that their housing need cannot be more appropriately addressed through other housing options.
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Asylum Seekers Who Hold a Bridging Visa and Sponsored Migrants
Asylum seekers who hold a bridging visa are temporary residents and are not eligible for public housing until granted a Protection Visa. Asylum seekers who are temporary residents are eligible for Rentstart and Emergency Temporary Accommodation.
Sponsored migrants with temporary residence are not eligible for public housing until they have been granted permanent residence. If the sponsorship relationship breaks down, sponsored migrants with temporary residence status may apply for Special Benefits from Centrelink and may also apply for Rentstart and Emergency Temporary Accommodation.
To be considered for Emergency Temporary Accommodation these clients must:
- Be homeless, or
- Have children who are at risk, or
- Be escaping a domestic violence situation.
- When assessing the client’s application, the Department will consider the following factors:
- Whether the client’s urgent housing need can be meet by providing Rentstart or Temporary Accommodation
- Whether the client has the ability to resolve their housing need themselves
- Whether the client can live with family or friends.
Sponsored migrants who hold temporary entry visas and receive Special Benefits are not eligible for Emergency Temporary Accommodation or Rentstart.
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For more information, see the policies on Rentstart (RES0010A) and Eligibility for Public Housing (ALL0030A).
Supporting Documentation
Clients must provide documentation to support their application for Emergency Temporary Accommodation. The documentation will vary according to the nature of the emergency or crisis situation. Supporting documentation should substantiate the reasons why an application for ETA is being made and may include one or more of the following:
- A letter from welfare agencies, community organisations and services including refuges and migrant services
- A current Apprehended Violence Order (AVO) (that is, an AVO that is still enforceable)
- A Request for Assistance from DoCS
- A letter from the Service for the Treatment and Rehabilitation of Torture and Trauma Survivors (STARTTS)
- A request for temporary housing assistance from the Seventh Day Adventist Church during a State emergency.
No further supporting documentation is required if a client provides a referral from the Seventh Day Adventist Church during a NSW State Emergency.
The Department will treat domestic violence and child at risk situations with sensitivity. Information provided by a client will not be disclosed to members of the public. It will be kept confidential. Information about a client may be passed between employees of the Department where it is required in the normal course of their duties. The Department will only provide an individual's personal information to external organisations where there is a lawful reason to do so or, where the client has first given their permission for releasing the information.
For more information, see the policy on Privacy and Confidentiality (EST0008B).
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Locational Needs Assessment
The Locational Needs Assessment does not apply where a client approved for Emergency Temporary Accommodation is living, or wanting to move within, the same allocation zone.
A Locational Need Assessment must be undertaken when:
- The client is not currently living in a high demand zone, but wants temporary emergency accommodation in a high demand zone.
- The client is living in a high demand zone, but wants to move to a different high demand zone.
Where a client does not demonstrate a need to live in a high demand zone they can:
- Choose to remain in the zone they are currently living in, or
- Choose a different non-high demand zone.
For more information, see the policy on Locational Need (ALL0140A).
Offers of Emergency Temporary Accommodation
The Department will organise accommodation as soon as possible.
A client will only receive 1 reasonable offer of emergency accommodation. If the client rejects this offer, approval for Emergency Temporary Accommodation will be rescinded. This means that no further offers of emergency accommodation will be made.
The Department considers a reasonable offer to be one that matches the number of bedrooms the size household requires and any special needs or medical/disability requirements demonstrated on the client’s application.
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Three Month Fixed Term Leases
An Emergency Temporary Accommodation lease is fixed for 3 months. Three weeks before expiry of this lease the Department will review the client’s situation.
If the client’s circumstances have not changed, and there are no alternative housing options, a further 3 month fixed term lease will be arranged.
Clients can generally only lease Emergency Temporary Accommodation for a maximum of 6 months and must move out of the property when the lease expires.
For more information, see the policy on Sign-Ups (EST0017C).
Emergency Temporary Accommodation Clients Applying for Public Housing
Emergency Temporary Accommodation is only available to people who are not eligible for public housing. Clients approved for Emergency Temporary Accommodation are not listed on the Housing Register for public housing.
Clients receiving Emergency Temporary Accommodation can apply for public housing at any time if their situation changes. To be considered for public housing a client must meet the public housing eligibility criteria. Clients approved for public housing are listed on the Housing Register.
For more information, see the policy on Eligibility for Public Housing (ALL0030A)
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Appeals
If a client disagrees with a decision the Department 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’, or go to our web site www.housing.nsw.gov.au to read the Appeals and Review of Decisions (EST0015A).
Appealing a Notice of Termination
The appeal process is not available to tenants who have been issued with a Notice of Termination. If the decision to issue a Notice of Termination is disputed the matter must be resolved in the Consumer, Trader and Tenancy Tribunal.
For more information, see the policy on Consumer, Trader and Tenancy Tribunal (REN0020A).
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