Written answers

Thursday, 17 October 2024

Department of Housing, Planning, and Local Government

Housing Policy

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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218. To ask the Minister for Housing, Planning, and Local Government the housing supports available to victims of domestic abuse to assist them leave the family home; and if he will make a statement on the matter. [42222/24]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The response to Domestic, Sexual and Gender-Based Violence (DSGBV) is a cross-Departmental and multi-agency issue, with overall policy coordinated by the Department of Justice. Responsibility for the development and provision of services to support victims rests with my colleague the Minister for Justice working in conjunction with Cuan, the statutory DSGVB agency under the remit of the Department of Justice. My Department currently provides capital funding support for the construction of new Domestic Violence Refuges, via the Capital Assistance Scheme.

In terms of housing supports, applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

In 2017, my Department issued policy and procedural guidance to local authorities relating to the role they can play to assist victims of domestic violence. The issuing of this 2017 policy and guidance was a significant action in the second national strategy on DSGBV 2016-2021, and has since played an important role in addressing the housing needs of victims and survivors of DSGBV, providing direction to local authorities in supporting victims of domestic violence.It covers a range of scenarios that may arise for victims of domestic violence currently in receipt of social housing support and those seeking social housing supports. These include provisions around the use of the Housing Assistance Payment scheme, or the Rental Accommodation Scheme, where a victim has a joint interest in the family home, or ownership of alternative accommodation, but would otherwise qualify for social housing support.

Furthermore, where a victim of domestic violence applies for social housing support in their own right while still a joint tenant, it is a matter for the relevant local authority to address the contractual issues arising in relation to the joint tenancy agreement. Accordingly, the household may transfer out of their existing tenancy and into a new tenancy agreement with the local authority or they may access an independent tenancy in the private rented sector utilising the various housing supports offered by the State.

In addition to the above supports, a new protocol was established in 2020 when the Minister for Social Protection agreed to make rent supplement more accessible to victims of domestic violence. This measure aims to ensure that they are not prevented from leaving their homes because of financial or accommodation difficulties.

On the 28 June, 2022 the Department of Justice published Zero Tolerance, the Third National Strategy on DSGBV 2022-2026. As an action in this strategy, my Department committed to a review of the 2017 Policy and Procedural Guidance for Housing Authorities in relation to assisting victims of domestic violence with emergency and long-term accommodation needs in order to ensure continuing effectiveness and consistency in responses to assist victims of domestic violence. This review is now complete and proposed recommendations will be shared for observations with external stakeholders.

Any updates to the policy and guidance will be communicated to local authorities in due course. In the meantime, local authorities operate in accordance with the 2017 Guidance.

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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219. To ask the Minister for Housing, Planning, and Local Government the enforcement mechanisms available to local authorities in instances where a landlord does not carry out necessary maintenance works in a HAP property; particularly in circumstances where the nature of the maintenance is potentially harmful to the tenant such as broken water supply, broken heating system, broken access windows or doors, severe mould issues and so on; and if he will make a statement on the matter. [42234/24]

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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220. To ask the Minister for Housing, Planning, and Local Government to outline the rights a HAP tenant has when a landlord does carry out necessary maintenance work; who is responsible for the enforcement of these rights; and if he will make a statement on the matter. [42235/24]

Photo of Patrick CostelloPatrick Costello (Dublin South Central, Green Party)
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221. To ask the Minister for Housing, Planning, and Local Government the number of HAP properties that have been removed from the system in each year since the HAP system was introduced due to breaches in the minimum standards; and if he will make a statement on the matter. [42236/24]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 219 to 221, inclusive, together.

The standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light, fire safety and the safety of gas, oil and electrical supplies. These Regulations apply to all properties let or available for let, including those where the tenancy is Housing Assistance Payment (HAP) supported. All landlords, have a legal obligation to ensure that their rented properties comply with the standards set down in the Regulations.

The HAP scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014. Under section 41 of the 2014 Act, local authorities are required to commence the inspection process within 8 months of HAP support being provided in relation to a particular dwelling, if the dwelling was not already inspected within the previous 12 months. Local authorities carry out HAP inspections as part of their overall private rented inspections programme.

Responsibility for the enforcement of the Housing (Standards for Rented Houses) Regulations 2019 in the private rental sector, including those dwellings with HAP supported tenancies, rests with the relevant local authority.

Failure to comply with the standards can result in penalties and prosecution. Local authorities can issue Improvement Notices and Prohibition Notices to landlords who breach the rental standards. An Improvement Notice sets out the works that the landlord must carry out to remedy a breach of the regulations.

In the case of a Prohibition Notice being enforced, a local authority may provide, or continue to provide, HAP in respect of that property for a period of 13 weeks, to enable the household to find an alternative dwelling.

My Department collates data on an annual basis in respect of all private rental inspections and the data from 2005 to 2023 is available at the link below.

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