Public housing tenants face tougher 'three strikes' policy

Housing Minister Troy Buswell today announced a series of policy amendments and new initiatives to strengthen the State Government's response to anti-social behaviour by public housing tenants.

The changes follow an urgent review into the Department of Housing's implementation of the Government's Disruptive Behaviour Management Strategy, which came into effect in December 2009.

"Some specific cases brought to my attention over the past month highlighted two key areas of great concern to me - the fact that there was too much scope for discretion in the three strikes policy, and that the implementation of this policy has been inconsistent," Mr Buswell said.

"We have strengthened and streamlined the policy and put a number of additional measures in place to ensure it is used to effectively manage anti-social behaviour by public housing tenants, in order to protect the community.   

"We have clarified the guidelines used to assess the severity of disruptive behaviour, removed unnecessary and problematic discretion and ensured that action taken against tenants is stronger."

Under the improved policy, sanctions against tenants will be applied based on the severity and frequency of proven disturbances. These are:

• Dangerous behaviour - includes assault and acts of violence toward neighbours, arson, manufacture of drugs, stalking. The Department of Housing will initiate immediate legal action to seek eviction
• Serious behaviour - includes aggressive and threatening acts, vandalism to neighbour's properties. First and final warning for the first incident. A subsequent incident within 12 months will trigger legal action to evict the tenant
• Minor behaviour - includes acts of nuisance such as excessive noise, property condition that impacts on neighbours. Three strikes within a 12-month period will trigger legal action to evict the tenant.

"We will trial a framework based on a 12-month period, whereas previously we used a six-month period. A tenant who receives three strikes will face eviction, even when disruptions fall within the 'minor' category, while more serious behaviour will invoke action after fewer incidents," the Minister said.

"Under this framework, the serious category has been broadened and will result in a first and final warning, with legal action taken to evict the tenant following the second incident."

In addition to improved policy guidelines, Mr Buswell said the department had established a project team to work exclusively on the implementation of the following new initiatives to improve the management of disruptive and illegal activities by tenants.  These are:

• Antisocial Behaviour Reporting Line - A specific phone number will be established through the Housing Direct call centre to provide complainants with a single point of contact to raise concerns about disruptive tenants.  The reporting line will assess the level of action against the tenancy in question and determine the most appropriate place to refer the issue, collect data on complaints received and how they are managed, and follow up with complainants to ensure their complaints have been actioned
• Disruptive Behaviour Compliance unit - A central compliance unit will be put in place to complement the complaints line and provide a centralised, alternative response to certain cases of disruptive behaviour.  The unit will assess whether complaints have been managed effectively by regional offices and take steps to drive improvement. The unit will intervene and manage disruptive tenancies after action has escalated to the point where a tenant has the options of immediately rectifying their behaviour or facing legal action.

The target date for the strengthened policy to come into effect and new initiatives to become operational is May 3.

In addition, the Minister said amendments to the Residential Tenancies Act 1987 (RTA), which are currently being finalised by the Government, will come into effect later in the year. These will provide the department with specific powers to impose strong sanctions in response to disruptive behaviour, and to seek termination of a tenancy where these issues are ongoing.

"The Bill proposes the introduction of new provisions for the department and specified community housing providers to seek termination of a tenancy on the basis that the tenant has caused a nuisance which justifies termination of the agreement," Mr Buswell said.

"This Government will not tolerate anti-social behaviour by tenants in public housing and today's announcement demonstrates our willingness to respond to community concerns."

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