Anti-Social
Harrassment & Intimidation
The Housing (Miscellaneous Provisions) Act 1997 contained provisions to prevent harassment and intimidation. An application may be made to the District Court for an order against a tenant engaging in antisocial behaviour. This includes the manufacture, preparation, importation and supply of drugs.
A fellow tenant or the local authority may apply to court. The Housing Authority may apply where having consulted with the tenant, they believe the tenant may be afraid to do so.
An excluding order may be granted by the court on such terms as is required taking account of the interest of tenants, owners and occupiers in the enjoyment of the property and the need to prevent antisocial behaviour. The exclusion order may be made for 3 years. The court may hear the evidence of Gardai.
Where a property is occupied illegally by a person other than the tenant and the person fails to vacate, the Housing Authority may request the Gardai to direct the person to leave the house in a peaceful manner. Where the person fails to comply, the Gardai have the power to enter the property using force.  Failure to comply with directions is a criminal offence.
Anti-Social Behaviour
Housing authorities have special powers to obtain possession of a property where a person is engaging in anti-social behaviour. This includes drug dealing or behaviour causing danger, damage or fear to persons in the vicinity. It may include harassment, intimidation or violence.
A tenant or member of a local authority may apply for an exclusion order against a member of his household who is engaging in antisocial behaviour. The local authority may apply to the District Court for an exclusion order as may a member of a household. The order excludes the person from the house or an entire estate. It may prohibit certain types of behaviour.
Rent  supplement may be withdrawn where a person has been evicted, excluded or removed from local authority housing on the basis of anti-social behaviour
Exclusion Orders
The provisions by which a tenant, tenant purchaser, housing authority or housing body may apply to the District Court for an order excluding a person from a dwelling house used for social housing purposes or purchased from a local authority, who has engaged in antisocial behaviour. He may also be excluded, where appropriate, from its locality.
The legislation brings all purchasers of local authority housing other than affordable housing within this provision. The period is limited to 20 years after the sale by the local authority.
The obligation of the housing authority to consult a tenant, a tenant purchaser or HSE before applying for the exclusion order is removed. It may not be sought against a person under 12 years. It may be sought against a joint tenant.
An order made may not exclude a person under 18 from his home. It may exclude such a person from entering or being in the vicinity of another dwelling or specified place or area that the housing authority controls or where the housing authority controls or manages one or more dwellings.
The penalties in respect of breach of an order are updated. The amendment provides that the penalty for summary conviction of a person under 18 is a Class D fine or detention in a children’s detention school for up to three months or both. It provides a penalty for breach of an excluding order by a person over 18 of a Class B fine or imprisonment up to six months or both. A person may be arrested if he is contravening the order.
Social Welfare Deductions
Housing Amendment Act 2014 provides for a system of mandatory deductions by the Minister for Social Protection for social welfare payments of rent, rent contribution and arrears payable by local authority tenants or households who have rental accommodation arrangements, tenancy agreements or are benefiting from Housing Assistance. The amount deducted is generally not to exceed 15% of the rate of benefit or assistance payable except where the recipient otherwise agrees.
There is provision for notification by the Minister for Social Protection of Housing Authorities where it is not possible to deduct the full amount. The Minister for Social Protection is obliged to keep records relating to the deduction.
There is provision for data sharing between housing authorities and specified bodies for the purpose of performance of obligations under the Housing Act. Information may also be shared with the Private Residential Tenancies Board, Revenue Commissioners, the Minister for Social Protection and other designated bodies.