Managing the NSW Housing Register Policy

1. Background

When a social housing provider approves a client for social housing or transfer, the provider will place the client on the NSW Housing Register. DCJ and community housing providers (CHPs) participating in Housing Pathways, collectively referred to as social housing providers or Housing Pathways providers, will then use this register to offer housing when a suitable property becomes available.

Due to high demand and limited stock, it may take some time for suitable accommodation to become available. During this time, social housing providers have a responsibility to help maintain an up-to-date NSW Housing Register to ensure that they can efficiently allocate social housing.

Under Housing Pathways, DCJ has an overarching responsibility for the operation and maintenance of the NSW Housing Register.

This policy intends to explain a client’s responsibility for ensuring that their information is up-to-date and how social housing providers will contribute to managing the NSW Housing Register, including updating and reviewing a client’s details as required. The Social Housing Eligibility and Allocations policy supplement provides further information to support this document.

It is a client’s responsibility to:

• provide up to date contact details and accurate information to social housing providers, and
• respond to requests relating to their application from social housing providers.

If a client waiting for social housing or a transfer does not provide this information, or does not respond to requests for information relating to their application, then their application may be closed and their name removed from the NSW Housing Register.

It is important for clients to be aware of these responsibilities, because when the information held about an applicant’s circumstances is not up-to-date, any offers of housing may be unsuitable, and further delays may occur while a client is waiting for social housing. Additionally, it is important because in some cases there is a possibility that a change in location may shorten the waiting time for social housing.

2. Scope

This policy applies to all clients on the NSW Housing Register and all participating social housing providers who contribute to the management of the NSW Housing Register.

3. Policy statement

Clients must continue to meet the social housing or transfer eligibility criteria in order to remain on the NSW Housing Register. If a client no longer meets the eligibility criteria, social housing providers will remove their name from the NSW Housing Register. In most cases this will mean that the client’s previous waiting time will not apply if they later apply for housing assistance or a transfer.

A client must also respond to any correspondence or contact requests from a social housing provider. This includes SMS, emails, letters or phone calls from social housing providers.

Social housing providers may remove the name of a client waiting for social housing from the NSW Housing Register if they fail to respond to a documented request to either contact a social housing provider or confirm their continued interest in waiting for social housing. Any live applications the client has may also be closed. If the client has their name removed from the NSW Housing Register and their application is closed, any time the client has already waited on the NSW Housing Register will not be counted if they apply for housing assistance in the future.

For more information on social housing or transfer eligibility, see the Eligibility for Social Housing policy.

How the NSW Housing Register is managed

Structure of the NSW Housing Register

The NSW Housing Register is a single list of approved clients waiting for social housing. The NSW Housing Register lists clients according to their required housing location, their approval category and approval date. Generally, social housing providers will house clients in the following order:

• clients approved for Emergency Temporary Accommodation;
• clients approved for priority status on the NSW Housing Register and clients approved for transfers or relocations on the grounds of under-occupancy;
• elderly clients (clients who are aged 80 and over, or 55 and over if Aboriginal or Torres Strait Islander);
• clients approved for a transfer on a priority basis, or clients being relocated for management purposes;
• clients approved for wait turn housing and wait turn transfer.

NSW Housing Register waiting time

The time that a client will wait on the NSW Housing Register depends on:

• the number of vacancies;
• the supply of social housing in the area, including the number of social housing providers;
• the number of people waiting for the same type of housing in the same area who have been waiting longer;
• willingness to accept offers of both public and community housing;
• the number of people who have demonstrated a high need to be housed;
• the number of applicants leaving the NSW Housing Register.

Clients may change their preference to an area with a shorter waiting time, or change their provider preference, at any time prior to a social housing provider making an offer of social housing. If the client changes their area or provider preference after an offer is made, the offer may still count as a reasonable offer.

Unsatisfactory behaviour of clients

Clients or members of their household may become ineligible for social housing if at any time they:

• seriously threaten or abuse social housing staff, or
• intentionally engage in conduct that objectively causes social housing staff to feel intimidated or harassed.

Social housing providers will warn a client that they may not consider the client’s application for housing assistance if the behaviour continues. The provider will record incidents of serious and inappropriate behaviour on the client’s file.

The provider must be satisfied that the client will not repeat the behaviour before deciding the client’s continued eligibility. For more information, see the Appeals policy.

Clients overseas or interstate

Clients who are overseas or interstate for up to six months, but less than 12 months, can remain listed on the NSW Housing Register, provided they still meet the eligibility criteria.

Clients who are overseas or interstate for more than six months, but less than 12 months, may remain listed on the NSW Housing Register in unusual or exceptional circumstances. These circumstances are based on compassionate grounds, such as:

• illness or death of a close family member;
• outstanding legal matters including sale of home or assets;
• inability to return because of civil unrest or war (overseas only);
• specialised medical treatment (overseas only);
• educational scholarships (overseas only);
• severe medical problems that prevent the client from returning to New South Wales.

The client must provide documentation to establish:

• the length of time they are planning to be or were overseas or interstate;
• the reasons for their stay;
• their accommodation arrangements;
• their source of income while away.

Social housing providers will consider these factors when deciding the clients continued eligibility for social housing.

Clients who remain on the NSW Housing Register while they are overseas or interstate are expected to provide up-to-date contact information and respond to any request for contact from social housing providers to keep their application active.

Changes to a client’s circumstances

Clients are responsible for making sure that social housing providers have up to date information about their situation.

Clients must inform a social housing provider of any changes to their household circumstances within 28 days. These changes may be (but are not limited to):

• a change of address or contact phone number;
• a change in income for any member of the household;
• the birth of a child;
• a change in the number of people in the household;
• a change in the client’s preferred area or housing provider;
• a change of name;
• factors affecting the type of property and location required, such as a medical condition or disability;
• a change in property ownership or assets.

Clients can notify social housing providers of changes to their circumstances online.

When new information is provided, a social housing provider will assess the information to determine if a re-assessment of the client’s application is required or if a change can be made to the client’s record without a re-assessment.

A re-assessment is required if the client’s circumstances have changed in a way that may affect their eligibility for social housing or other housing assistance. In some cases, applicants may need to participate in an interview as part of the re-assessment process. Social housing providers will advise clients in writing of the outcome of their re-assessment.

If a client is no longer eligible for social housing or transfer, their application will be closed, and their name will be removed from the NSW Housing Register.

Annual Housing Eligibility Review

DCJ, on behalf of all social housing providers, contacts clients waiting for social housing every 12 months to ask if they wish to remain on the NSW Housing Register. DCJ does this by sending a Housing Eligibility Review communication to the client.

If a client does not respond to the Housing Eligibility Review communication, their application will be closed, and their name will be removed from the NSW Housing Register. If this happens, the client must apply for social housing and any time the client had already waited on the NSW Housing Register will not be counted.

Monitoring vulnerable clients

Some vulnerable clients listed on the NSW Housing Register may miss out on being offered a property. This may be due to a combination of factors that may relate to the client or the suitability and availability of properties. Clients who are considered vulnerable include clients:

• on the NSW Housing Register who require urgent housing but do not receive it;
• that are difficult to house due to highly specific housing requirements or limited housing options;
• that are regularly by-passed for a range of reasons.

Assisting clients on the NSW Housing Register who have priority needs

To assist in meeting priority needs in a timely manner, social housing providers may consider a range of housing strategies, including:

• providing or facilitating access to a private rental subsidy to eligible applicants. For more information, see the Private Rental Assistance policy;
• renting a property from the private rental market (headleasing);
• modifying an existing social housing dwelling to make it suitable for a person with a disability;
• developing, with the consent and involvement of the client, an individual support plan with an appropriate support provider where a client has unmet special care needs, which may pose a barrier to accessing mainstream housing;
• providing or facilitating access to Rentstart assistance to eligible clients so that they can maintain or establish a private rental tenancy while they are waiting for a suitable social housing property to become available. For more information, see the Rentstart Assistance policy.

Reviewing priority status approved clients

Social housing providers regularly review applications for client’s approved for priority status on the NSW Housing Register or approved for priority transfer to ensure the client’s circumstances continue to reflect their priority status on the NSW Housing Register.

Following a review, the priority status of a client listed on the NSW Housing Register may be changed to reflect any differences in the level of urgency of the client’s circumstances. A client’s application on the NSW Housing Register will be closed if the client no longer meets the eligibility requirements for social housing.

Reviewing outstanding debts from a former social housing tenancy

Social housing providers will review a client’s former social housing tenant debt repayment history prior to making any offer of social housing. Where a client:

• owes less than $500 and has not maintained repayment arrangements, a provider will not make an offer of housing. In these circumstances:
  • the application on the NSW Housing Register will be suspended for a period of three months, and
  • if the client maintains the repayment arrangement, or repays the debt in full, the application will be made live on the NSW Housing Register, otherwise the application on the NSW Housing Register will be closed when it is reviewed after the three month suspension period.
• owes more than $500 and has not maintained repayment arrangements, the provider will close the application on the NSW Housing Register when it is reviewed after six months.

For more information regarding former tenant debts, see Specific conditions for former social housing tenants.

For information on how to make a repayment arrangement, the client should contact the provider that managed their former social housing tenancy.

Senior managers of the client’s previous housing provider and the provider that is considering the current application may jointly decide, at their absolute discretion, to make an offer, even if the repayment arrangement has not been maintained. The decision to waive these requirements is made on a case-by-case basis based on the client’s individual circumstances.

Household members who apply for social housing in their name

Where a client who is listed as a household member on another social housing application applies for social housing in their name, social housing providers will take into account the time the client has already waited on the NSW Housing Register.

Suspending an application

Social housing providers may suspend (make non-active) an application on the NSW Housing Register for the following reasons:

Social housing providers will review suspended applications after the applicable timeframe for the reason the application was suspended.

After reviewing the application, the social housing provider will either make the application live on the NSW Housing Register, close the application or suspend the application for a further timeframe listed above.

Closing an application

Social housing providers may close an application listed on the NSW Housing Register for the following reasons:

• at the client’s written request;
• when the client is housed or rehoused by a social housing provider;
• when the client has Specialist Disability Accommodation approved in their National Disability Insurance Scheme (NDIS) support plan;
• when the client is ineligible for admittance to the NSW Housing Register;
• when a client on the NSW Housing Register has become ineligible to remain on the NSW Housing Register;
• when a client waiting for social housing does not respond to the Housing Eligibility Review;
• the client has previously seriously threatened or abused social housing staff or intentionally engaged in conduct that objectively caused social housing staff to feel intimidated or harassed, and the client has not demonstrated a change in those behaviours;
• when a client does not respond to a request for contact from a social housing provider;
• as a result of an offer of social housing if the client:
  • directly rejected their allocated number of reasonable offers, or rejected by non-response any reasonable offer of social housing;
  • rejected one reasonable offer of emergency temporary accommodation;
  • fails to respond to a request for contact;
  • rejects their second offer for a reason that is considered to be of personal preference;
  • accepted an offer of social housing but did not sign the tenancy agreement;
  • no longer meets social housing eligibility criteria;
  • has not made regular debt repayments prior to an offer of social housing. For more information, go to Reviewing outstanding debts from a former social housing tenancy.
• following a review of a suspended (non-active) application, where:
  • further information or proof of social housing eligibility or housing requirements is not received;
  • reasons from the client for rejecting an offer of accommodation to determine whether to classify the rejection of the offer as a reasonable or unreasonable refusal is not received;
  • the outcome of an assessment for Specialist Disability Accommodation by the National Disability Insurance Agency results in the client being approved by the National Disability Insurance Agency for Specialist Disability Accommodation;
  • following suspension for temporary inability to accept an offer of social housing, the client did not respond to confirm the reinstatement of their availability to receive offers;
  • following suspension at a client’s written request, the client did not respond to confirm the reinstatement of their name on the NSW Housing Register;
  • the client has a debt from a former social housing tenancy and has not maintained the repayment arrangements. For more information, go to Reviewing outstanding debts from a former social housing tenancy.

When an application is closed, a client may request to be re-listed on the NSW Housing Register. In this case, the client will need to submit a new application for housing assistance and, if approved for social housing, their waiting time will commence from the new application date.

A closed application on the NSW Housing Register can be reactivated if the client meets the reactivation criteria. If reactivation of the client’s application is approved, in most cases, their waiting time will be reinstated back to the registration date of their closed application.

Reactivating a closed application on the NSW Housing Register, or reinstating an offer due to the client not responding to contact

There are some situations where social housing providers may agree to reactivate a closed application on the NSW Housing Register and start the client’s waiting time from the registration date of the closed application or reinstate an offer due to the client not responding to contact. The client must meet the following criteria:

1. The application was closed in error; or
2. The client’s application on the NSW Housing Register was closed because their household income was over the social housing eligibility limits at a point in time, but the household income did not continuously exceed the eligibility limits for more than 12 months; or
3. The application was closed because the client did not respond to the annual Housing Eligibility Review or other documented request to contact a social housing provider to:
   • confirm their continued interest in remaining on the NSW Housing Register; or
   • provide information necessary to assess their continuing eligibility for social housing.
4. The application was closed due to a rejected offer:
   • that was counted towards the total number of offers that the client is entitled to, and
   • that offer was counted as rejected because the client did not respond to attempts to contact them to confirm the client’s eligibility prior to an offer being made, and
   • the client can demonstrate an exemption should apply.

The exemptions are:

• the client was in hospital, respite care, a disability support facility or a rehabilitation facility or other institution;
• the client is homeless and was unable to access their mail during the 31 day period;
• the client was unable to access their mail during the 31 day period due to escaping domestic or family violence or a family break up;
• the client was away for 31 days or more due to family bereavement or family care;
• the client was in custody at the time contact was attempted.

If a client requests that their closed application on the NSW Housing Register be reactivated, or an offer be reinstated, they must provide evidence to support their request. Refer to the Request to Reactivate an Application on the NSW Housing Register form for further information on the evidence requirements for reactivating an application on the NSW Housing Register.

If the client can support their request, and the request to reactivate their application is approved, the client will not be required to complete an application for housing assistance. The client will retain their waiting time from the registration date of the closed application on the NSW Housing Register. However, if a client advises their circumstances have changed, and that change indicates the client’s housing needs have changed since their application on the NSW Housing Register was closed, this change may require re-assessment.

Situations where past waiting time will not be considered

Social housing providers will not consider past waiting time when placing a client’s application on the NSW Housing Register if the client:

• was living in another state for longer than six months, but less than 12 months and the client has not demonstrated that an exemption should apply. For more information, see the Clients overseas or interstate section of this policy;
• had their application closed because they directly rejected their allocated number of reasonable offers of social housing, or rejected by non-response any reasonable offer of social housing;
• had their application closed because they did not respond to attempts by a social housing provider to contact them, or did not confirm their interest in continuing to wait for social housing, and they do not meet the criteria for reactivation of their application;
• has previously been assisted with Rentstart but did not submit an application for social housing at that time;
• had their application closed, or their name removed from an application on the NSW Housing Register because they:
  • seriously threatened or abused social housing provider staff;
  • intentionally engaged in conduct that objectively caused social housing staff to feel intimidated or harassed.

4. Legislation and compliance

Social housing providers are able to provide housing assistance in accordance with the Housing Act 2001.

There is a fine of $2,200 and a possible gaol term for clients who make a false statement or representation. In addition, their name may be removed from the NSW Housing Register.

5. Related documentation

• Social Housing Eligibility and Allocations Policy Supplement
• Eligibility for Social Housing Policy
• Private Rental Assistance Policy
• Rentstart Assistance Policy
• Private Rental Assistance Policy Supplement
• Appeals Policy

6. Further information

Appeals and review of decisions

If a client disagrees with a decision made by a social housing provider, they should first discuss their concerns with a staff member from the provider that made the decision. The next step, if they still believe the social housing provider made the wrong decision, is to ask for a formal review of the decision.

For information on how reviews work for decisions made by DCJ, the client can ask for a copy of the fact sheet appeals and reviewing decisions, or read the Appeals policy. This policy applies to public and Aboriginal housing. Individual community housing providers participating in Housing Pathways have their own appeal policies, and the client should request information directly from that provider. The provider who made the decision will manage the review or appeal.

A client cannot appeal:

• the length of time they have waited or may have to wait for social housing;
• the availability or lack of accommodation in any area;
• an indication of the likely length of lease they may be offered if housed in public housing;
• a decision to house someone ahead of them on a priority basis.