Transfers (previously Rehousing) - ALL0160A

Policy Last Amended: 28 Aug 2008

Policy Statement
Service Standards
Policy Detail
Assessment Criteria
Evidence Requirements
Responding to Priority Transfer Needs
Appealing Decisions or Actions

Policy Statement

Tenants of Housing NSW can apply for a transfer to another property if a change in their circumstances makes their existing property or location no longer suitable. There are a number of reasons why a tenant may need to transfer to another property.

Tenants will need to tell Housing NSW how their circumstances have changed and specify why the current property is unsuitable for their current needs. Housing NSW will assess the application against the transfer criteria to establish if a transfer is required.

Application to Aboriginal Housing Office clients

This policy applies to tenants of the Aboriginal Housing Office living in properties managed by Housing NSW.

Our Service Standards

Housing NSW will apply the following service standards when implementing this policy:

Explain the information and documentation needed to support a tenant’s transfer application
Provide clear and consistent communication from Housing NSW to tenants throughout the transfer assessment process
Explain the options available to the tenant requesting a transfer
Explain the criteria that applies to high demand allocation zones
Assist tenants in identifying appropriate allocation zones
Process the application in a timely manner
Treat tenants sensitively and maintain confidentiality
Give careful consideration to all information provided by the tenant when determining the urgency of their need to move
Allocate housing that meets their needs
Be given reasons why their transfer application was not approved and be advised about their right to appeal the decision.

Policy Detail

When a tenant applies to be transferred they must provide the required documentation or evidence to support their application and complete a transfer application form. The tenant must be able to show that their circumstances have changed and the current property or location no longer meets their housing need. Tenants must also show that moving will resolve or improve their current situation.

In all requests for a transfer, the tenant is required to establish how and why they require a transfer and that a transfer is the most appropriate way their changed needs can be met in terms of their housing.

Housing NSW has defined the reasons by which it will approve a transfer request.

Situation	Reason
Priority Transfer	‘At risk’ Medical condition and/or Disability Serious and ongoing Harassment Employment Compassionate grounds Severe overcrowding Family breakdown/Separation Tenancy Re-instatement
Wait-Turn Transfer	Moderate overcrowding Under-occupancy where the tenant has requested the transfer due to excess bedrooms

There are some situations where tenants can be considered for priority transfer even though they have vacated their property. These situations include:

The tenant vacating under duress
The tenant had to move to a residential care or custodial facility.

For further information see Tenancy Reinstatement in this document.

Tenants may also be relocated by Housing NSW. As a social housing landlord, Housing NSW has the right to ask any tenant to relocate to another suitable property, identified by Housing NSW that meets their housing needs. This is called relocating tenants for management purposes. Housing NSW will only require a tenant to relocate for valid reasons related to the management of a tenancy or Housing NSW’s property portfolio. Refer to Relocating Tenants for Management Purposes Policy (EST0038A) for more information.

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Locational Need Assessment

Housing NSW has identified there are a number of high demand allocation zones. The request to live in these zones is assessed against specific criteria that must be met before approval is given to you to live in that zone. Tenants must provide reasons explaining why they need to live there.

Tenants approved for a priority transfer will need to satisfy a Locational Needs Assessment when they:

request a designated high demand allocation zone other than the zone they currently live in
currently live in a high demand zone and request a specific suburb in that zone, or
request a specific suburb within an allocation zone.

The Locational Needs Assessment is a separate assessment process from the one used to determine a tenant’s need for a priority transfer. The locational need assessment is solely used to determine the applicants need to be housed in a high demand area.

To be eligible for a priority transfer in a high demand area the tenant, or a member of their household, must:

Have an ongoing medical condition, or
Have a disability, and
A need to access services at least once a week on an ongoing basis in the requested area.
It removes them or their household from a serious safety risk
Have support services/plan established to maintain a successful tenancy

Where a tenant does not prove they have a locational need they must choose a different allocation zone. If an alternative zone is not selected, Housing NSW will allocate the tenant a zone with the shortest waiting time that meets their housing needs. Priority transfer approval will be withdrawn if a tenant does not meet locational need and refuses to accept an alternative zone.

If a tenant, who does not prove they have a locational need, refuses to select a different zone, rejection of an offer in an alternative zone will be treated in the same way as a rejection of a reasonable offer.

For more information see the policy Locational Need (ALL0140A).

Decisions concerning the approval or decline of a transfer will not be determined by the location requested by the tenant. Determining if there is a locational need is a separate assessment required when a high demand area is nominated by the tenant.

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High turnover areas

Staff should always consider whether a client will be able to maintain a stable tenancy in an area. Where approved transfer applicants nominate a high turnover allocation zone, an assessment of their needs will be undertaken to determine whether this zone is suitable and meets their locational requirements. Where a high turnover zone is considered unsuitable, alternative zones will be identified. This will reduce the incidence of clients having to transfer again once housed.

Number of Offers

Tenants who have been approved for a transfer will be eligible to receive two offers of accommodation. Where a tenant has indicated that they are willing to accept offers of accommodation managed by a community housing provider, an offer under the nomination policy may be made by either Housing NSW or a community housing provider.

If a tenant rejects two reasonable offers, including those made under the nomination rules, their name will be removed from the Register. See the policy on Offering a Property to a Client (ALL0100A).

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Type and Length of Lease

Tenants on a continuous tenancy approved for a transfer are offered a new continuous Tenancy Agreement when they accept an offer of accommodation, regardless of the date this transfer occurs.

If the tenant has a 2, 5 or 10 year fixed term lease, they will be offered the remainder of that fixed term lease when they transfer unless they accept an offer of accommodation during the lease review period. If they receive an offer of accommodation during the lease review period, the tenant and their household will be assessed to see if they are eligible for an extension to their lease. If they are eligible they will be offered a new 2, 5 or 10 year fixed term lease. See the policy Type & Length of Lease EST0208A.

If the tenant and their household are assessed as no longer eligible following a lease review, Housing NSW will not proceed with the transfer and the application will be closed. However in exceptional circumstances a tenant on a fixed term lease who is assessed as not eligible for a lease extension may be considered for Emergency Temporary Accommodation rather than a transfer.

Emergency Temporary Accommodation will only be considered where the tenant is proven to be at imminent risk in their current property. In this circumstance the tenant will be offered a 3 month fixed term lease under the Emergency Temporary Accommodation (ALL0070A) policy to cover the remaining term of their existing lease.

Tenants approved for Tenancy Reinstatement will be offered the type of lease they had when they left public housing. If the tenant previously had a continuous lease, they will be offered a new continuous lease. If they had a fixed term lease, they will be offered a new 2, 5 or 10 years fixed term lease based on an assessment of their current household circumstances. See the policy Type & Length of Lease EST0208A.

If a tenant is approved for SAS, they will be offered the same type of lease on re-entering public housing as they had when they left public housing. If they previously had a continuous tenancy they will be offered a new continuous tenancy. If they had a fixed term lease when they left, they will be offered a new 2, 5 or 10 year fixed term lease based on an assessment of their current household circumstances. See the policy Type & Length of Lease EST0208A.
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Assessment Criteria

How we assess a Transfer application:

When tenants apply for a transfer they are required to set out the reasons why they require a transfer. Transfer applications will be considered using the following assessment criteria. Transfers applications if approved, will be approved as either priority or wait-turn.

Generally, to be approved for a transfer a tenant must be eligible for public housing (see the policy Eligibility for Public Housing (ALL0030A) and meet the transfer assessment criteria. However, there maybe exceptional circumstances, in which case any decision to approve an application for transfer from a tenant who does not meet public housing eligibility criteria will be made on a case by case basis according to the circumstances of the situation.

Priority Transfers	Criteria
At Risk	The personal safety and/or mental health of a tenant or a household member is at risk. These situations include but are not limited to: Domestic violence Child abuse or neglect Assault Sexual Assault Neglect Threatening behaviour Torture or trauma Tenants need to show that: The risk is serious and ongoing The ‘risk’ means they cannot remain in the current dwelling and/or location beyond a medium length of time The property and/or location significantly increases the risk and reduces their safety Apart from transferring, there are no practical steps that can be taken by the tenant’s household to lower or remove the risk Being relocated will help or resolve the situation and remove or significantly decrease the risk.
Medical condition and/or disability	In relation to the medical condition and/or disability of a tenant or household member, tenants will need to show that: The medical condition and/or disability is permanent or likely to be permanent The current property and/or location no longer meets their housing need Relevant household members no longer have the capacity to access necessary medical and/or therapeutic services from their current property for such reasons as the: restricted mobility of relevant household members restricted capacity of those members to use transport frequency of their necessary visits to medical and/or therapeutic services The necessary medical and therapeutic services will be available from potential alternative locations They do not have the capacity to remain in the property or location beyond a medium length of time A relocation will assist in the management of the medical condition and/or disability.
Harassment	Harassment refers to a wide range of offensive behaviour. It refers to unacceptable behaviours that are threatening or disturbing. Harassment includes: Verbal abuse Threats Intimidatory behaviour Vilification Property damage Tenants will need to show that: The harassment is serious and ongoing They have attempted to resolve the harassment themselves, with any necessary assistance and support Their current property and/or location significantly increases the risk of harassment The harassment means they cannot remain in their current dwelling and/or location beyond a medium length of time Relocation will help to resolve the situation and remove or significantly decrease the harassment.
Employment	A tenant can apply for a priority transfer due to the tenant or their partner gaining employment or changes to the tenant’s or partners current employment. A tenant must show that the: Tenant or their partner are currently unemployed and have been offered a job in or near the area to which they need to move, or Tenant or their partner are not in full time employment and are required by their employer to move in order to keep their job Job is in a location that is impractical for them to travel to, from their existing location Employment is long term and is at least 3 days work per week. In some circumstances, such as where there are medical factors or care of dependents, the minimum number of working days may be reduced to two
Compassionate grounds	There are a number of compassionate grounds Housing NSW will consider, these include: Being closer to a family member who needs their care Being closer to support networks which are not covered by the medical, disability or other factors described above, such as, counselling services for refugees, child abuse services, family support services, rehabilitation services, Home and Community Care Services, cultural services or educational services (specialised schools). Tenant’s will be asked to: show why they need to move, provide information about the family member needing care, provide information about the services the tenant or the family member requires.
Overcrowding - Severe	Severe overcrowding may arise as the result of: A family reunion Award of custody of children Marriage Birth of a child or children. Severe overcrowding includes: An adult or couple sharing a bedroom with a person aged over three years 4 or more children sharing a bedroom 3 or more unrelated adults sharing a bedroom. Severe overcrowding can also occur if children currently sharing a bedroom now need their own bedroom because of a specific need such as: A disability or special medical need Severe behavioural problems Children of different sexes sharing a room and one of them reaches puberty. Tenants will be required to prove that the severe overcrowding is the result of one of the above reasons and explain why the current dwelling is unsuitable.
Family Breakdown/Separation	If there is a serious breakdown in a family relationship, Housing NSW will consider providing separate accommodation for the member who has left the property. A serious breakdown in household relationships is: Separation or divorce between a tenant and spouse or de-facto partner Irreconcilable problems between a parent and child or children (including adult child or children) In the case of divorce or separation the spouse or partner who has moved out will need to prove that: The spouse was a member of the household, or The de-facto partner was a member of the household on a continuous basis for 2 or more years, and The spouse or partner was on Housing NSW’s records as having lived in the property, and The spouse or partner is eligible for public housing, and The spouse or partner, apply for a transfer within six months of moving out of the property. In the case of a family breakdown the family member will need to prove that: They are a permanent member of the household They are listed on Housing NSW’s records as living in the property (e.g., approved additional occupant, household member records) They have declared their income to Housing NSW and it is recorded in a rental subsidy.
Tenancy Re-Instatement	Tenancy re-instatement can apply to former tenants who vacated their dwelling because: They were under duress or They had to move into a residential care facility (including a psychiatric hospital, rehabilitation centre, hostel, nursing home) either voluntarily or under a court order They were placed into a custodial facility Of the care needs of the tenant, a member of their household or a family member. To be eligible for tenancy re-instatement former tenants must prove that: They vacated under duress, vacated to a residential care or correctional facility or because of care needs They made an application to Housing NSW within six months of vacating the former property In the case of custodial sentences not longer than 3 years, they can also apply within 6 months of their release from custody They meet the eligibility criteria for public housing They meet the criteria for priority transfer. Former tenants with custodial sentences longer than 3 years will need to re-apply for housing as they are not eligible for tenancy re-instatement. Housing NSW defines duress as having to vacate the property due to a critical incident, and under the circumstances the decision to vacate was reasonable. For example: Escaping domestic violence Escaping harassment Removing themselves or a household member from being ‘at risk’. Admittance to a supported care facility might include a refuge, rehabilitation centre, hospital, respite centre. Tenants may need to vacate their property due to: Serious medical/disability incident related to the tenant or a household member Serious medical/disability incident related to a family member and/or relative. When assessing the decision to vacate the property, Housing NSW will consider the following as applicable to particular situations: Was it reasonable for the tenant to vacate without notice The urgency of the need to vacate without notice Did the circumstances of the incident force the tenant to vacate without notice Were options other than vacating considered Whether the tenant contacted Housing NSW about their situation previously Did Housing NSW ask the tenant to relinquish their tenancy because they were going into residential care or into a correctional facility Could the decision to vacate have been delayed Was it a reasonable decision under the circumstances

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Wait-Turn Transfers

Criteria

Overcrowding – Moderate

Moderate overcrowding is when there is an increase in the size of the household which results in the household having fewer bedrooms than they would otherwise be entitled to, but the overcrowding is not as severe as described above.

Examples of moderate overcrowding are:

Three children sharing a bedroom
An adult or couple sharing a bedroom with a child under 3 years of age
Two unrelated adults sharing a bedroom

Aboriginal tenants may seek a transfer when wanting taking up their entitlement to an extra bedroom to meet family responsibilities.

Under occupancy

Under occupying a property is when a tenant has more bedrooms then they require. It is usually the result of household members moving out of the property.

When a tenant applies for a transfer because of under occupancy, Housing NSW will:

Consider the impact on the tenant
Review the benefits and costs to Housing NSW of transferring the tenant, including the demand for the current dwelling
Consider the tenant’s requirements for the new dwelling and how these can best be met.

Relocations relating to under occupancy can be initiated by Housing NSW and are considered under the Relocating Tenants for Management Purposes (EST0038A) policy. See that policy for further information.

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Other Requirements

Tenant debt

A tenant will be eligible to apply for a transfer even if their rent and other housing payments are not up to date, and/or they owe any money to Housing NSW from a former tenancy. However, they will not be made an offer of alternative housing until their rent and other payments are up to date, or, if they owe money from former tenancies, it is paid off completely. There can be exceptions to this if the tenant’s household has an urgent need for rehousing.

Tenants who registered for a transfer before 27 April 2005

Tenants who registered for Transfer before the announcement of the Reshaping Public Housing reforms on 27 April 2005 will have their income eligibility preserved (“grandfathered”). This means that they can remain on the transfer register provided they continue to meet the current or previous income eligibility limits in addition to all other eligibility criteria for transfer. For more information on the public housing income eligibility limits refer to the policy Eligibility for Public Housing (ALL0030A).

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Evidence Requirements

A tenant must substantiate their reason for needing alternative housing. This means that they must demonstrate that their case comes within one of the nine reasons for transfer, and that as a result, their current property or location no longer meets their housing needs. For example, it could be that the physical form and layout of the property or its location makes the property unsuitable. The table below sets out what evidence is required by Housing NSW to assess a request for transfer. The evidence should also establish that moving the tenant will assist in the management of their circumstances.

The table below sets out the types of evidence Housing NSW will be looking for to substantiate a need for transfer. Tenants do not need to supply all the requirements listed but they need to supply sufficient evidence to support their need for a transfer. Housing NSW will take into account the strength of the evidence supplied and that evidence will vary according to the reason a tenant is applying for a transfer. The amount of supporting documentation required will also vary depending on how the document explains and supports the reasons given for the transfer.

Housing NSW expects the supporting documentation to clearly explain and confirm the need for a transfer and how the situation impacts on a tenant’s household’s ability to remain in their property or location, and what future housing requirements are needed for the household. Housing NSW will focus on these needs and how not meeting them might impact on the tenant’s ability to successfully maintain their tenancy.
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Priority Transfers

Situation	Evidence
At Risk	Housing NSW will expect the tenant to provide current supporting documentation, substantiating the risk they are exposed to, and this could include: Current Police reports A current Apprehended Violence Order (AVO) A current Domestic Violence Order Current reports or letters from the Department of Community Services Current reports or letters from NSW Department of Corrective Services Current reports or letters from a social worker Current reports or letters from a community support agency, such as a Refuge, Community Centre or Neighbourhood Centre worker Current reports or an assessment from a medical practitioner or health professional (including a mental health case manager) Current reports or letters from a School Principal or School Counsellor
Medical condition and/or Disability	Housing NSW will expect the tenant to substantiate the medical condition and/or disability, and could include reports from: A general practitioner or specialist doctor A health worker such as a community nurse, occupational therapist or physiotherapist A mental health case manager or psychiatrist Brain Injury Rehabilitation Program Attendant Care Program ADAHPT (AIDS, Dementia & HIV Psychiatry Team) Service High Needs Pool (Care Program) Lifetime Care and Support Community Aged Care Package EACH Package (Extended Aged Care at Home) Ventilator Dependent Quadriplegic Program Support organisations such as, Home Care Service, Home Nursing Service, Aged Assessment Team, Community Centre or Neighbourhood Centre.
Harassment	The tenant will need to substantiate their claim of harassment by providing documentation such as: Current Police reports Current reports or letters from the Community Justice Centre (CJC) Current reports or letters from a community support agency, such as a Refuge, Community Centre or Neighbourhood Centre worker Current reports or letters from a Mediation service Letters or reports from a general practitioner, specialist doctor, mental health case worker or health services worker Housing NSW’s Serious Incident Diary Letters or reports from neighbours substantiating the harassment A record that the incidents are ongoing Evidence that the incidents are escalating in seriousness
Employment	The tenant will need to establish the need to move for employment reasons by providing documentation such as: Letter of offer of employment from employer Letter confirming location of employment Letter confirming permanent employment Letter confirming number of hours to be worked Letter confirming change of employment location from employer Letter from employer confirming loss of employment if unable to relocate/change location.
Compassionate grounds	The tenant will need to prove their need for a transfer by providing current documentation such as: Medical assessment or report/ letter from a doctor or specialist confirming family members medical condition and/or disability Report or letter from a service providing care or support to the family member Report or letter from a specialist educational service Report or letter from a cultural support service Report or letter from a family support service Report or letter from a rehabilitation service Report or letter from a counselling service.
Overcrowding - Severe	The tenant will need to prove that severe overcrowding exists and the reasons for it by providing current documentation such as: Age of all household members Gender of all household members Marriage certificate Legal documents confirming family re-union Legal documents confirming placement of children Legal documents confirming custody of children Centrelink family payment income statement Court Orders Immigration papers Medical assessment or report/ letter from doctor or specialist confirming disability or special medical needs Letter or reports from support agencies confirming severe behavioural problems Reports or letters from Department of Community Services Letter or reports from health professionals, including mental health case managers.
Family Breakdown/Separation	The tenant will need to confirm the family breakdown by providing supporting documents such as: Evidence of a legal separation Letters or reports from a social worker, community worker, Neighbourhood Centre Letters or reports from Department of Community Services Income Statement from Centrelink Family Payment confirmation from Centrelink Letters or reports from a general medical practitioner or specialist doctor Evidence of new residential address (e.g., driver’s license, mobile phone bill, Centrelink income statement)
Tenancy Re-Instatement	The tenant will need to substantiate their reason to vacate the dwelling without giving notice to Housing NSW. That is, they will need to prove that they vacated under duress or to move to a residential care or custodial facility. Documentation to be supplied will be dependent upon the reason they vacated the property. If, for example, a tenant vacated without notice due to having been ‘at risk’, they will be required to supply supporting documentation as stated in the evidence criteria for ‘at risk’ priority transfers. If a tenant vacated without notice due to harassment, they will be required to supply supporting documentation as stated in the evidence criteria for harassment priority. This rule will apply for any of other priority transfer grounds that cause a tenant to vacate their property without notice to Housing NSW.

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Wait-Turn Transfer

Situation

Evidence

Moderate Overcrowding

(insufficient bedrooms)

The tenant will need to substantiate the moderate overcrowding by producing documents indicating the: Number of household members

Age of household members
Gender of household members
Size of the bedrooms
Size of the living areas.

Under-occupancy

(where the tenant has requested

to transfer due to excess

bedrooms)

The tenant will need to substantiate the under-occupancy by producing documents indicating the:

Number of household members
Number of bedrooms in property.

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Responding to Priority Transfer Needs

To assist in meeting priority transfer needs and meeting clients housing needs until transfer, Housing NSW will consider a range of housing strategies. In addition to a transfer these may include:

A suitable public or community managed housing allocation.
Renting a property from the private rental market (head leasing).
Modifying an existing dwelling to make it suitable for a person with a disability.
Considering whether the client's needs may be met by another social housing provider.
Special Assistance Subsidy.
Rentstart.

The most appropriate option for the client will be selected, and progress in implementing this plan will be regularly reviewed.

Managing Urgent Situations

Following the receipt of a transfer application, Housing NSW will undertake an assessment of the urgency of the application and will determine the appropriate priority to be given to the application so as to be better able to meet the need for the transfer. In some situations, Housing NSW will give transfer applicants the same priority on the Housing Register as priority housing applicants.

To ensure that approved transfers reflect a tenant’s current housing situation and to allow a re-assessment of the urgency of tenant’s need for a transfer, from 16 May 2008, all approved priority transfers will be reviewed on a 6 monthly basis or when new information from a transfer applicant prompts a review. As a result of these reviews, the relative priority of a transfer may change to reflect any changes in the level of urgency in a tenant’s situation.

If a tenant no longer meets the eligibility requirements for a transfer, then their transfer application will be closed and they will be informed in writing.

Transfers Approved to receive Special Assistance Subsidy (SAS)

In some situations a client may need a short term housing option while they wait for a new Housing NSW property to be offered through the transfer process. Such clients may be eligible to receive a subsidy to live in private rental accommodation on a short term basis while they are waiting for that property to be offered. Tenants who have been approved for transfer and who meet the eligibility criteria for SAS must be approved for SAS before vacating their Housing NSW property to move into private accommodation.

For more information on Special Assistance Subsidy see the policy Special Assistance Subsidy - Special (SAS0100A) and Special Assistance Subsidy - Disability (SAS0100B).

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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’, or go to our website www.housing.nsw.gov.au to read the Appeals and Review of Decisions Policy (EST0015A).

Appeals cannot relate to a decision by Housing NSW to decline a transfer to a specific property. For more information, see the Appeals and Review of Decisions Policy (EST0015A).
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Last modified: Friday, 6 November 2009