Michael McGrath (Cork South Central, Fianna Fail)
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536. To ask the Minister for Housing, Planning, and Local Government if a landlord is obliged at the request of an existing tenant to sign up to the housing assistance payment scheme in respect of a tenancy which is already in place; if that obligation changes over time; and if he will make a statement on the matter. [52642/17]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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The Housing Assistance Payment (HAP) is a form of social housing support provided by all local authorities. HAP addresses many long standing issues raised by landlord groups in relation to the operation of Rent Supplement. The HAP payment is made directly to landlords on the tenant's behalf and all payments are made electronically - the landlord does not have to collect the rent. There are minimal barriers to setting up HAP, and tax compliance and private rental inspections can follow the setting up of a HAP tenancy. In 2016, the scheme had a 99% differential rent collection rate, with minimal arrears arising for tenants and local authorities, and a 99% rent payment rate with virtually no difficulties arising for landlords. Furthermore, any household assessed for social housing support is immediately eligible for housing support through the HAP scheme. HAP recipients can avail of full-time work and retain their housing support, with an adjustment in their differential rent; under Rent Supplement, these households would lose their housing support payment.

A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement with a HAP recipient. However, since 1 January 2016, a person cannot be discriminated against when renting because they are in receipt of certain housing related payments, including HAP. If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission. Further information is available on the Commission's website, .

A number of cases have been taken under the 'housing assistance' ground of the Equality Act against landlords. I believe that the body of case law that the Workplace Relations Commission is building in this regard complements the clarity that my Department is working to provide to landlords and agents in relation to the operation of the HAP scheme. It is clear that such cases are rare and the vast majority of landlords are happy to engage in the scheme, and adhere to the terms and conditions. In fact, the average number of new additional tenancies being supported by HAP per week over the last number of months is close to 350.

Misunderstanding of the scheme can arise and this highlights the need for the State to continue to explain and outline the many benefits of HAP to landlords. My Department and local authorities have been involved in a range of national and local actions to clarify the operational benefits of HAP to landlords and agents.

HAP is working for both recipients and landlords. Over 30,700 eligible households are currently being supported across the State with over 20,000 individual landlords and agents providing accommodation via the scheme and receiving housing assistance payments. HAP will continue to be a flexible support available to assist people with their long term housing needs immediately their need arises. My Department continues to keep the operation of the HAP scheme under review. In general, I am satisfied with the operation of HAP and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme outlined under the Rebuilding Ireland Action Plan for Housing and Homelessness.