Jack Wall (Kildare South, Labour)
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Question 235: To ask the Minister for the Environment, Heritage and Local Government if an Irish citizen who is married to a citizen of another country, can apply to their local authority, in which area they were born, for the tenancy of a local authority house; and if he will make a statement on the matter. [36530/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The assessment and allocation of an individual household for social housing support is a matter for the local authority concerned. Under section 11 of the Housing Act 1988, I am precluded from being involved in a decision by a housing authority as to whether a particular household is eligible for support and indeed the allocation of that support. In relation to general guidance given by my Department to local authorities regarding eligibility for local authority housing, there is a general requirement that all members of an applicant's household must have appropriate residency status, which entitles the individual members of that household to remain in the country. In the context of determining what particular form of residency status is required, my Department is guided by the Department of Justice, Equality and Law reform.

Jack Wall (Kildare South, Labour)
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Question 236: To ask the Minister for the Environment, Heritage and Local Government the guidelines to which families have to adhere under local authority legislation in relation to anti-social behaviour or actions (details supplied); and if he will make a statement on the matter. [36533/09]

Michael Finneran (Roscommon-South Leitrim, Fianna Fail)
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The tenancy agreement for dwellings let by housing authorities under the Housing Acts generally contains provisions in relation to anti-social behaviour. Under the Housing (Miscellaneous Provisions) Act 2009 ("the 2009 Act") there is a requirement that specific terms and conditions be set out in the tenancy agreement prohibiting anti-social behaviour in, or in the vicinity of, the dwelling by the tenant or a household member or any other person residing at or lawfully in the dwelling. Tenancy agreements in respect of leased properties also contain provisions relating to anti-social behaviour.

Under the Housing (Miscellaneous Provisions) Act 1997, a local authority tenant, or the local authority itself in certain circumstances, may apply to the District Court for an excluding order against an individual member of the household who is believed to be engaging in anti-social behaviour. The 2009 Act provides for an amendment of the 1997 Act to broaden the definition of anti-social behaviour to include behaviour that causes alarm, impairs the use or enjoyment of a person's home or results in damage to or defacement of property.

In line with the generality of tenancies of private rented accommodation, tenancies entered into under the Rental Accommodation Scheme [RAS] are subject to the Residential Tenancies Act 2004. This Act prohibits a tenant from engaging in anti-social behaviour in, or in the vicinity of, a dwelling to which the Act applies and allows a landlord to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour, subject to a notice period of only 7 days in the case of serious anti-social behaviour or 28 days in the case of less serious but persistent behaviour. The Residential Tenancies Act also provides that a third party affected by anti-social behaviour may, subject to certain conditions, take a case to the Private Residential Tenancies Board against a landlord who has failed to enforce tenant obligations. Under section 25(5) of the 2009 Act, a housing authority may notify a landlord where it becomes aware of anti-social behaviour by a RAS tenant in contravention of the 2004 Act and the landlord is thereupon required, if he or she has not already done so, to terminate the tenancy in accordance with the 2004 Act.

Housing authorities also have statutory powers to refuse to sell a house under tenant purchase and affordable arrangements to a person the authority has reason to believe is or has been engaged in anti-social behaviour or where a sale to that person would not be in the interest of good estate management. The 2009 Act makes provision to extend this to cover sales under the new schemes of incremental purchase and tenant purchase of apartments.

The Centre for Housing Research has also produced good practice guidelines on preventing and combating anti-social behaviour and has organised training courses for local authorities in this regard. Furthermore, I will commence shortly section 35 of the 2009 Act, which requires the elected members of each housing authority to adopt an anti-social behaviour strategy. This strategy must include procedures for making an anti-social behaviour complaint to a housing authority and details of initiatives for preventing and reducing anti-social behaviour in the housing authority's own housing stock. Criminality associated with anti-social behaviour is addressed under the Criminal Justice Acts, responsibility for which rests with my colleague, the Minister for Justice, Equality and Law Reform.