Social Housing Eligibility and Allocations Policy Supplement

1. Waiving the property ownership rule

The requirement to complete a Details of Land or Property Ownership form is waived if the applicant has been granted a Protection Visa (refugee status) and the property they own is located in their country of origin. This applies to holders of Refugee category (subclass 200, 201, 203 and 204) and Global Special Humanitarian (subclass 202) visa holders.

Following the client's lodgement of the Details of Land or Property Ownership, form a housing provider may waive the property ownership rule where a client is unable to live in their property or sell their share of the property because:

• they are in the process of negotiating a property settlement resulting from a relationship breakdown.
• they need to move to NSW for specialist long-term medical treatment that is not available in the State they are currently living in.
• they are escaping domestic violence, serious harassment or threats of violence.
• the property is located overseas.

Providers may grant provisional eligibility in the above situations. Clients must notify a social housing provider once they sell the property. The provider will then review the client’s application to determine whether the equity realised from the sale falls within the asset limit.

If a tenancy in public housing results prior to the sale, Homes NSW will place the tenant on a fixed term lease. Before the lease expires, Homes NSW will reassess the client’s eligibility for social housing. If they are assessed as being over the asset limit, the client must find alternative accommodation when the lease expires.

If a tenancy in community housing results prior to the sale, the client’s length of tenure will be determined by the community housing provider with whom they are housed.