Fixing the Housing System: 101 Things

A slight exaggeration. I don't have the time to list 101 things the government could do to fix the housing system. But after an hour of brainstorming, I came up with ten things.

1. Form an agency that that administers all laws to do with housing, including public housing. 

2. An explicit, general, and enforceable right to safe and healthy premises.

3. An inquiry into practices of the real estate industry.

4. A licensing system for landlords to ensure they do not breach residential tenancy laws.

5. Minimum standards in every state and territory of Australia.

6. A dedicated and trained inspectorate empowered with the right to enter premises and issue fines to landlords and agents.

7. Recognition that tenants have human rights.

8. Funding for research.

9. Police training so that acts of trespass by landlords and agents are prosecuted to the fullest extent of the law.

10. Amalgamation of all housing acts into the one.

The thing is, it would be very easy to fix the housing system. But it would take a politician with balls to do it.

The Eviction: Take 3

This is the third instalment on Michael's fight with NT Housing. NT Housing are really determined to get Michael and his family out. NT Housing issued three notices to quit on the same day. These are in addition to the notice to quit for failing to maintain premises. This particular notice has been withdrawn. But Michael still has to answer the other notices. 

So I am going to look at all three eviction notices. One is for being in rent arrears, one is for being over the income and asset limit for public housing, and one is a no-ground eviction. Something smells fishy. It smells like, we don't like them and we will get them out any way we can. And obviously, someone is also covering their ass. If one notice of quit fails, we can rely on another. Let's take things one at a time...

 

Income and Asset Limit

 

In the Northern Territory, existing tenants are assessed for eligibility on a regular basis. An eligibility assessment is conducted at every rental rebate assessment (possibly every 13 weeks). NT Housing has assessed Michael as being over the income and asset limit. This has happened because Michael's grownup children are living with him. One obtained a job in the mining industry, and the other plays professional football. I don't think parents should lose their house just because their kids come home to visit.

The stated policy of NT Housing is that tenants pay extra rent if income is assessed at being over the income and asset limit. So an eviction on this basis would seem to go against government policy. In any event, one of Michael's sons has moved out since NT Housing has targeted his family. He couldn't cope with the stress of dealing with NT Housing. I expect that NT Housing would be withdrawing this particular notice to quit. 

Recall that Michael is a full-time carer for a young indigenous man with Down Syndrome. NT Housing did not offer to rehouse Michael and young Steven elsewhere in government housing. NT Housing did talk to a real estate agency to try and arrange accommodation in the private sector. According to Michael, it was an 'absolute dump'. He also tell me that it is nigh on impossible for mixed families to obtain decent accommodation in the Northern Territory.

I don't know whether NT Housing are planning on selling this particular property to an investor. But I am aware that NT Housing are pursuing a policy of selling off government houses to raise revenue. An investor is going to rent the same property out to the same kind of people at a profit. How is this going to help vulnerable and disadvantaged people in our community? See more details here.

I don't think NT Housing are respecting the human rights of Michael and his family. I'm not going to get into the ins and outs of human rights law. But note that article 17 of the International Convention on Civil and Political Rights (ICCPR) states no one shall be subjected to arbitrary interference with their family or home.

Michael and his family have lived in this house for twenty years. I don't think NT Housing respect the integrity of the family unit, nor do I think they understand the psychological importance of the home. It is not just owners that have family homes. Tenants have family homes as well. It is quite clear NT Housing doesn't have a human rights culture...this needs to change.

Rent Arrears

I have reviewed Michael's account with NT Housing. I am a wordsmith, not an accountant. But I did find a few interesting things. Michael has been in rent arrears at various times over the years. NT Housing issued a notice to quit for being behind in rent in 2002 and later in 2008. On these occasions Michael and NT Housing entered into an instalments agreement.

The main reason Michael has been in arrears is that Michael failed to hand in something called a Rent Rebate Form. He provides an income statement from Centrelink to NT Housing. So the system records that Michael is in arrears when he hasn't dropped in a form to the office. NT Housing has the discretion to refuse backdated rental rebate forms. So basically, it has the power to evict someone for being in arrears if they decide not to accept a backdated rent rebate form. Whether they exercise this power or not is another story.

NT Housing puts the onus on the tenant. I don't think NT Housing is a client-centred organisation. Do we live in the stone age? Centrelink and the Australian Taxation Office (ATO) should be sharing this kind of information. Just attending an office can be difficult for some people. Putting this particular situation aside, consider how this requirement would impact on people with physical and psychological disabilities, like agoraphobia. I don't think NT Housing is sensitive or responsive to the needs of its constituency. Michael even told NT Housing he found the process too 'confusing'. But of course it doesn't act on feedback it receives.

I am also concerned that processes and procedures are not flexible insofar as they do not allow for cultural practices. For example, when Michael's wife went out bush, he couldn't submit the rental rebate form as Centrelink could not release her private information.

NT Housing records that Michael was not only in rent arrears, but also in arrears with respect to water charges, and legal fees. If a tenant uses water over a certain limit, they must pay for it. Michael was only in arrears with respect to water charges because he has had an ongoing water underground water leak in the backyard since he first moved in. 

Michael complained numerous times over the phone and in writing. But for some reason NT Housing only accept maintenance requests in writing. This isn't very responsive to client needs. NT Housing arranged to have the leak fixed, but it has never been fixed properly. I have come across this problem before. Some landlords are unwilling to fix plumbing problems...and it is tenants that pay for it in the end.

As of now, Michael has paid off most of the rent arrears. He anticipates that he will be on top of things by the time his appeal is heard.

No Ground Eviction

In all jurisdictions including the Northern Territory, tenants can be evicted without grounds. In the Northern Territory, NT Housing can issue notices to quit without actually giving the tenant a reason. The National Association of Tenant Organisations issued a report in 2010 - A Better Lease on Life: Improving Australian Tenancy Law. It recommended that the ability to evict tenants without any ground be removed to prevent arbitrary and unreasonable evictions. It states: 

The ability of landlords to terminate tenancies ‘without grounds’ (which includes ‘end of a fixed term’ terminations) and the ever present threat of eviction without any reason required, contributes significantly to tenants’ insecurity. It undermines the sense of belonging in their home and willingness to pursue other rights such as seeking repairs to the property. Retaliatory evictions were identified as a concern across the country and their elimination identified as the single most important issue. 

If tenants cannot identify the reason for which they are being evicted, it is open to abuse. How do tenants know if they are being evicted for a reason that may or may not be directly or indirectly discriminatory? How do tenants know if they are being evicted for political reasons? 

This brings me back to Michael's fight with NT Housing. Michael doesn't sit down and take it if he thinks NT Housing is doing the wrong thing. Michael went to his local member when NT Housing refused to backdate his rent rebate form. He also went to the media when NT Housing refused to install a bayonet so he could install a heater. Steven, our special little guy, only has partial use of his precious lungs. He has 25% use of his lungs and gets pneumonia quite frequently. Michael also refused to sign a new lease agreement under the Residential Tenancies Act 2010 (NT). NT Housing has referred to Michael as a 'difficult tenant'. In my view, attempts at keeping NT Housing transparent and accountable is not a valid reason for eviction.

Concluding Comments

In the next instalment, I am going to talk about maintenance issues with respect to Michael's fight with NT Housing. And trust me, I am rubbing my hands together with glee... 

Post script. Michael's rebate form has been approved, and he is no longer in rent arrears. The notice to evict on the basis of being over the income and asset limit has also been withdrawn.

He Said, She Said

This is the second instalment of Michael's fight with NT Housing. There was a neighbourhood dispute and NT Housing got involved.

There were periods of harassment and abuse. The neighbour had trespassed on Michael's property numerous times. And he threatened to gouge Michael's eyes out. And twice he had threatened to slit his son's neck. It's pretty rough up there. It all started when a young Indian man came to fix Michael's air-conditioning. It was 35 degrees and his ladder went missing. He was stuck on the roof for some time. Not funny. Following the advice of police, Michael installed security cameras. The neighbour was caught peeping through the lounge room window. View it here - Trespass on Property. The neighbour has been charged with two counts of trespass. He has been convicted of one charge, and the other is pending before the court. Michael has also obtained a personal protection order.

 

Michael says NT Housing has done nothing about the neighbour that threatened his son. If NT Housing are able to pick and choose which matters to follow up, this could lead to an abuse of power. NT Housing has also said Michael has a history of violence. They referred to an incident that took place in November of 2003. A racist neighbour had been targeting Michael's family. There were many instances of racial taunting and abuse. Michael was called a "gin jockey" and "nigger lover" and his son was called a "black nigger." This is not on.

And one day, the neighbour threatened Michael with murder. Fearful for his life, Michael went to his front gate and yelled out, "If you want anymore trouble I've got this to protect me". He had a nullah nullah. The police turned up and charged Michael with assault. Michael went with the police after they threatened to lock up everyone in the household, and take his children to welfare. The matter went to court and Michael was found to be innocent. The court held that Michael was not guilty of assault. Michael tells me that the Magistrate found that the witnesses were not reliable. The Magistrate apologised to Michael for his ordeal. A local legal service later submitted a complaint to the NT Police.

A condition of Michael's tenancy agreement is that tenants cannot cause or permit a nuisance or interference with reasonable peace and privacy. Before the matter went to Court, NT Housing had arranged for a meeting with Michael to discuss water charges. He was handed a letter. The letter stated NT Housing had received complaints about poor behaviour and Michael would be evicted if any further complaints were received.

 

The problem is that NT Housing did not comply with the principles of natural justice. Michael put in a complaint about the lack of procedural fairness. This is eventually acknowledged. Mr Hoban says, 'In hindsight the letter handed to Mr Barry at that interview could be seen as reacting to the letters of complaint without hearing his side of the story. We were aware of the pending Court hearing and could possibly have tempered the letter to reflect that.'
  

The NT Policy on Anti-Social Behaviour clearly states that 'tenants will be provided with the opportunity to respond to allegations/complaints made against them'. But NT Housing decided to act before the matter was heard in court. Michael requested an apology from NT Housing. That didn't happen. Michael also asked for his record to be rectified. That didn't happen either. 

The other issue is that the incident occurred ten years. But it is still on file. In the criminal law system, convictions are spent after a period of ten years. But not in public housing. And despite Michael being found innocent, NT Housing still used the complaints to brand him as anti-social. All the complaints NT Housing received related to this one incident. Turning to the complaints that were made. Here is one example.

The problem is that some neighbours make complaints out of dislike, or as here, because of racism. People aren't stupid. They know if they make enough complaints they can force someone out of public housing. We have been talking about bullying in schools and in the workplace. But we haven't talked about bullying in relation to housing. A researcher coined the term 'mobbing' in relation to bullying of an individual of a group. Bullies usually pick on someone with less power than they do. We need to distinguish bullying from genuine neighbourly concern. See how this overbearing landlord treats this bullied and frustrated tenant. It goes to show the bad treatment of tenants is a global issue.

 

The neighbour had complained about an instance of domestic violence. They said a male visitor to Michael's house had punched a female visitor. I feel extremely uncomfortable about NT Housing considering complaints of this nature. Putting this particular situation aside, tenants in domestic violence situations might be deterred from calling the police for help. The last thing victims of domestic violence need is to lose their housing. And more generally, tenants might not call the police for help in difficult situations out of fear of being branded anti-social and being evicted.

Allegations of loud music is also problematic. I heard of a case that went to tribunal. Tenants were alleged to have had an out of control party. As it turns out, they had their parents over for dinner. I don't think tenants should be punished under housing law if they are compliant with other laws with respect to noise.

Michael has a good reputation. Most are scared to challenge NT Housing, but some have come forward with references. Neighbours have attested he takes care of his home, and he is a good father and carer.

 

So here, I have dealt with the allegations of nuisance. In the next instalment, I will look at three other eviction notices Michael received.

NT Government Evicts Down Syndrome

I have been helping Michael Barry and his family for some time now. Michael and his family have lived in Alice Springs at the same house for about 20 years. Michael is also a carer for young indigenous man with a disability. Last year NT Department of Housing tried to evict Michael and his family. And Michael isn't taking this standing down. I am going to get to the bottom of this whole mess.

 

But first, a bit about Steven. He has Down syndrome and respiratory problems. He is a delightful young man. Everyone in the community loves him. People like Steven are special. We need to take care of them.

Michael's adult children still live with him - April 18, Steven 25, Ben 21 and Dominic 19. Dominic also plays football for the Melbourne Demons. How lovely. 

 

 

The local media has gotten involved. The Advocate published an article, as did NT News.

On the 18th of November 2013, Michael received a notice to quit. It says Michael has 'failed to take reasonable care of the premises, or of goods  leased there - with or has committed waste...' Check it out here.

This eviction notice is problematic in various ways. For a start, Michael's house and yard is in great condition. And we have proof. Check out the pictures.

 

And also, compare these pictures to those we have of other government houses.

The power to evict tenants for not keeping premises clean and tidy is so discretionary, those enforcing the law can pick out anything they like. This is a problem. It is open to abuse.

The other issue was that Michael had erected a shelter in the back yard. He built it to specifications on the advice of his builder mates. He had repeatedly asked NT Housing to build a shed. This is what Michael has to say:

I built it with no assistance from Housing - didn't want there help. I was just sick to my back teeth of never after all the years of requesting a shed and the ones they have are small, never getting more than a sure we will we get one for you. After my own initiative and building my own all HELL BROKE LOOSE. I was told to rip it down then eventually to get it certified. Which I promise I did not know about "dumb me", checked out the cost of certification $1500 and could not afford to do so. I guess that was a good enough excuse to kick us out at the time or so they thought.

Here are some pictures of the shed.

 

I certainly don't think this shed constitutes damage. Michael was attempting to improve the property. And we know public and private landlords often use council regulations in the war on tenants. Shouldn't NT Housing be helping tenants improve their properties? The other issue is that Michael has caravans and kombi vans in his backyard. He uses them for storage. I think this is quite quirky. I do live in a progressive suburb in Melbourne though!

Michael has had these vans since he first moved into Oleander Street. It seems somewhat suspicious that these vans have all of a sudden become an issue. And quite frankly, it smacks of middle-class disdain. Michael is paying to use the house and yard. Who cares? I don't know of any law that prohibits unregistered vehicles from being kept on properties. It's a bit big brother. And I'm not referring to that silly show on television either.

Michael submitted a freedom of information request. So we have a record of the kombi van saga. On the communication history, there is no mention of the vans being a problem until 2002 eight years after Michael moved into the property. In August 2002 there is a note that a car was being used as a cubby house. There is nothing until 2010 where there are a few notes to the effect that the yard is clean and tidy.

In November of that year, Mr McCorriston did two drive-bys. He noted that the yard was in a tidy state. I have a big problem with NT Housing doing drive-bys like this. It is a complete invasion of privacy. Same thing again in 2011. Clean and tidy. We get to April of 2013 and all hell breaks loose. Ms Skedgwell notes that there are old unregistered caravans, three kombi vans, and a land cruiser with flat tyres. She tells Michael that he needs to remove the vehicles as they are unregistered. She issues Michael with an untidy yard letter a few days later.

Michael and his family were very distressed. Michael went and saw Mr Conlan, the Minister for Housing, and asked him for help. Michael tells me that Mr Conlan told him that he was not interested in intervening because he drove past his house and there were weeds in his front yard.

It's very Pleasantville. And I'm sure it would be a very boring world if we all had short neatly-trimmed grass...

If Mr Conlan had driven by a few months earlier, he would have seen Michael's Sir Donald Bradman roses. They had been destroyed by a neighbour.

 

Michael raised all of his children in his Oleander Street home. It is their family home. In my view, it is not just owners that have family homes. NT Housing has issued three other eviction notices. They are very determined. But so is Michael. He will shackle himself to his house if he has to. But hopefully people power can turn this around. You can join Michael's group here - Help Keep House. In my next instalment, I will take a look at other reasons NT Housing has provided.

Post script. Since this blog post was published, the notice to evict on the basis of failure to take care of premises has been withdrawn.

Post script. Minister Matt Conlan has since been named and shamed for taking two days to apologise to a former female Cabinet Minister for calling her a c**t. See more here. Indigenous backbenchers have demanded the dumping of Matt Conlan and reinstatement of an aboriginal affairs ministry. The three have
accused the government of racism. See more on this here.