Key issues:
- A key function of community housing providers is tenancy management and tenant support.
- As new, larger not-for-profit housing providers emerge we must ensure that tenants continue to enjoy high standards of housing management.
- National regulation could give a high quality of tenancy management, provide assurance to tenants about the security of their tenure and give tenants a voice in the delivery of services.
- State tenancy laws give clear rights and obligations to community housing tenants and providers.
- The National Community Housing Standards have the potential to contribute to quality assurance in a national regulatory system.
5.1 The Core Functions of Community Housing – the Tenants’ Perspective
In 2009, approximately 930 mainstream community housing organisations were managing around 42,000 dwellings. Most of these organisations (88 per cent) were managing less than 50 dwellings. There were nearly 50,000 applicants on community housing waiting lists, with 45 per cent of these applicants being high needs households. In 2008-09, 75 per cent of new allocations in community housing were to those in greatest need.27
While a number of community housing organisations are emerging that have capacity to become large owner/developers, the core business for most community housing organisations will continue to be tenancy management, asset management and the coordination of support services for disadvantaged households. Tenancy management includes maintaining waiting lists, making allocations, administering tenancy agreements, responding to enquiries, bond administration, rent setting and collection, ending tenancies and attending to complaints and disputes.
Most community housing organisations have strong connections within their local communities and some have a particular focus on tenant support services, for example for older people or tenants with disabilities. For the most disadvantaged tenants, care and support services can include coordination of medical and mental health services, disability support services and assistance for the aged. A 2007 AHURI report reinforced the view that good local partnerships and collaboration between housing and support providers create much better outcomes for people with complex needs.28
As larger not-for-profit housing providers emerge, it will be important that tenants continue to enjoy high quality housing services with no loss of community connection or specialist tenant support.
5.2 Protecting Tenants’ Rights
State and Territory residential tenancy laws and regulations apply to tenants of not-for-profit housing organisations. These laws provide for the protection of tenants' rights as well as the processes for terminating tenancies. They also include systems of appeals and access to tribunals to resolve disputes.
The administration of community housing programs by States and Territories includes provision for appeals processes for tenants on issues such as allocations, rental payments and standards of service. Where community housing regulations are in place, the regulator may require providers to comply with tenants’ rights as part of the regulatory code and may intervene in complaints from tenants.
A national regulatory system must ensure continued compliance with States and Territories’ residential tenancy legislation and make certain that tenant rights now incorporated in regulatory codes are not compromised.
The regulatory system also needs to provide assurance to tenants in the event of organisational failure. This may involve specific intervention strategies that protect the government funded housing assets and tenancies through wind-up and reallocation processes.
5.3 National Community Housing Standards
The National Community Housing Standards were developed to protect the interests of tenants. The Standards cover most elements that make a high quality housing service for community housing tenants and contribute to a well managed organisation. These Standards have been recently reviewed and the third edition will be released in 2010 after extensive consultations with stakeholders across Australia.
The standards cover:
- Tenancy Management
- Asset Management
- Tenants Rights and Participation
- Working with the Community,
- Governance and Organisational Management
- Management Systems
- Human Resource Management.
While the Standards are designed to be used by all jurisdictions, their application differs across all States and Territories. In most cases, the Standards are voluntary and as such are not an effective vehicle to guarantee protection of tenant’s rights.
A national regulatory system needs to provide assurance to tenants about the security of their tenure, high quality of tenancy management and a voice in the delivery of services. The National Community Housing Standards have potential to serve as the basis for a quality framework in a national regulatory system to ensure protection of tenants’ interests as well as good provider governance and performance.
Questions:
State and Territory legislation and regulation provide coverage for protecting tenant’s rights. How would the national regulation of not-for-profit housing providers ensure compliance with these protections?
Should the adoption of National Community Housing Standards by providers be mandatory in a nationally regulated system?
As the not-for-profit housing sector grows, how do we retain the focus on local community connection and the coordination of tenant support services?