Oireachtas Joint and Select Committees
Thursday, 24 October 2019
Joint Oireachtas Committee on Housing, Planning and Local Government
Housing (Regulation of Approved Housing Bodies) Bill 2019: Discussion
Mr. Paul Lemass:
The proposal is to delete section 35(5). There would be a general provision that they could charge fees, but it is the kind of thing we put in the Residential Tenancies (Amendment) Act 2019 last year as well. It is just a safety net in the event of fees. There is a provision for funding from the Government for the regulator, so we are satisfied that the operation is funded adequately.
On standards regarding types of housing, I would have to come back to Senator Kelleher on the precise standards for different types of housing, including housing for older people. I would imagine that much of that is covered by building standards more than necessarily by the regulation of AHBs, but I will undertake to come back to Senator Kelleher on that.
On the question of tenant protections if the regulator cancels an AHB, there is a provision in the legislation that the regulator would seek to transfer assets, ideally by consent, if an AHB feels that it wants to secure its legacy through transfer, and I know the ICSH has been active with certain AHBs on this. Consent would be an ideal way where someone recognises their time in this area has come to an end and they want to transfer. If there is a concern regarding the performance of an AHB, and the regulator feels that it is necessary to transfer assets, there is an obligation to go through High Court procedures to make that happen.
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