Social Housing Laws Victoria

Registration and regulation of Victoria`s municipal housing sector under the Housing Act requires registered agencies to provide information to the Housing Registrar. The Privacy Fact Sheet below provides a general overview of the Housing Registrar`s management and handling of information under the Housing Act. We are increasing social housing by about 6,000 units so that more Victorians in need have access to stable housing. These legislative powers serve to protect the interests of tenants and the community, including ensuring good governance, continued financial sustainability, and facilitating the provision of quality tenant and housing services. (b) dwellings owned, controlled or managed by a participating registered body; Under the Act, social housing has the same meaning as in section 4(1) of the Housing Act 1983. Income limits for social housing are set by the Director of Housing and published by Housing Victoria. The Victorian Government is currently conducting an independent review of the regulation of public, municipal and affordable housing. Registered municipal housing organizations are explicitly identified as potential recipients of affordable housing created through affordable housing agreements. As the only landlord with regulations that oversee their day-to-day operations as well as decisions on the sale of real estate, Vic sees the municipal housing sector as the ideal operator of these affordable residential properties. The Victorian regulatory framework requires registered agencies to operate well, be financially viable and provide high-quality rental and housing services to tenants and prospective tenants. It is important to note that there are many policy differences between social housing and shared housing. Under section 8 of the Freedom of Information Act 1982 (Cth), policy documents used for decision-making must be made available for inspection, subject to exceptions. The main objective of this complaint function is to ensure that if a registered organization`s complaint management system is not functioning as intended and in accordance with the Housing Act and official performance standards, tenants and prospective tenants can refer unresolved rental housing issues to the Registrar.

In July 2022, the Victorian Ombudsman published his findings on complaint handling in the Victorian social housing sector. The Ombudsman made 17 recommendations to improve outcomes for tenants and focus complaints on tenants. Importantly, the recommendations include a single, two-tier complaints system that would result in a single social housing ombudsman covering both public and municipal housing. Recommendations were also made to amend the Freedom of Information Act 1982 (Cth) to include multi-family housing. This function allows the Registrar to oversee the management of complaints in the municipal housing sector and, most importantly, to protect tenants and potential tenants. If a decision violates a housing provider`s guidelines or is administratively illegal for any other reason, the decision cannot be appealed to VCAT. This is either an internal appeal, an external intervention by a supervisory authority such as the Housing Registrar or, in the case of a decision by authorities such as the Housing Authority, a matter of judicial review (Order 56 of the Supreme Court (General Rules of Civil Procedure 2015 (Vic)). As regards the latter point, and like an appeal, such a decision must be vitiated by an error of law. For community housing providers, policies should be part of the terms of a lease. If no policy is provided, the parties should file a formal internal complaint and then contact the Housing Registrar or VCAT. In September 2019, the Minister of Planning appointed a Ministerial Advisory Committee (MAC) to provide independent advice on possible models and options to facilitate the provision of affordable housing through the Victorian planning system. “Social Housing” means non-profit housing in the public sector, excluding Victoria`s affordable housing programs; Rents are set at market prices, but many social housing residents benefit from a reduction calculated every 6 months on the household`s taxable income.

All public tenants have the right to charge a reduced rent. The Registrar takes a proactive, risk-based approach to regulating the municipal housing sector. These include social housing policies that vary, but are generally used to regulate the discretion of the social housing provider. For the purposes of the RT Act, unless explicitly stated otherwise, social housing providers are treated as private rental housing providers. In general, VCAT cannot consider a social housing provider`s policy in its decisions unless it is stipulated in the RT Act. The policy is also irrelevant to how the RT Act is to be interpreted (see Lavaris v Director of Housing (Residential Tenancies) [2017] VCAT 315 (March 3, 2017), [37]). Contact the Ombudsman for help resolving a social housing complaint about: This Act provides a definition of affordable housing based on income ranges, which is updated and published annually, and addresses issues related to determining the suitability of affordable housing to meet local needs. must be taken into account. In addition, the State Ombudsman may also investigate social housing (including policy decisions) and make recommendations and conclusions, but he does not have the explicit power to overturn decisions. A mechanism to facilitate the supply of affordable housing is a voluntary agreement between a competent authority (usually a local council) and a landowner to create affordable housing as part of new developments. If you would like to apply for social housing or transfer your current social housing to another social housing, apply on the HousingVic website. Some social housing providers copy the guidelines adopted by the Director of Housing.

The Victorian government provides limited social housing for low-income people. This page summarizes and contains links to information on useful topics such as social housing demand, rents and repairs. The law establishing the rights and obligations of tenants and tenants (landlords), the Residential Rent Act (RTA), was updated in 2021 to enact the government`s important package of lease law reforms. This package aims to create a fairer and safer rental housing system for all Victorians. During this period, the rent will be reduced to $15 per week. Recognized grounds for rent reduction include personal or family violence or temporary transfer to a retirement home, rehabilitation, recreation or detention facility (remand or conviction). Tenants should discuss these policies and related documentation with their social housing provider. The most important policy that social housing tenants need to understand is the rent refund policy. These are available upon request from your social housing provider.

For social housing tenants, you can find the relevant information on the housing provider`s website. If your municipal housing provider does not provide the rebate policy, you should file a complaint with the Housing Registrar. `member of the household` of an applicant means a person who lives or intends to live with the applicant in social housing; The Housing Act sets out key elements of Victoria`s social housing system, including: The Victoria Council`s housing regulations are administered by the Housing Registrar, who is based in the Treasury. The Housing Registrar records, monitors and evaluates the performance of registered municipal housing organizations that use official performance standards. However, there are limited circumstances in which a policy decision or the situation of the municipal housing manager or provider may be relevant (see Giotopoulos/Director of Housing, [2011] VSC 20 (February 7, 2011); Alsindi v Director of Housing (Residential Tenancies) [2017] VCAT 1882 (17 November 2017.) Some of the most important laws and regulations are listed below with an explanation of what they mean for municipal housing organizations and how they affect their businesses. The planning system plays a role in facilitating affordable housing. As of 1 June 2018, the purpose of the Planning and Environment Act 1987 (the Act) was to “facilitate the provision of affordable housing in the State of Victoria”. The Charter enshrines a number of rights under the International Covenant on Civil and Political Rights and applies to all processes and decisions made by Victorian Government departments and agencies, which include most municipal housing organizations. What is unusual about the rent reimbursement system is how it works, despite Article 27B(1)(c) and (f) of the RT Law. The relationship between discount policies and leases is subject to future litigation.

Especially since dismissals for eviction of rent arrears now provide that the rent paid for social housing or for a registered community house is defined as the amount that the tenant must pay for the use of the premises, less any tenant discount. The scope and scope of VCAT`s powers will be at the heart of the question of how VCAT determines whether a 14-day “rent” is due.