{"id":10483,"date":"2022-07-17T22:10:53","date_gmt":"2022-07-17T22:10:53","guid":{"rendered":"http:\/\/legalblog.ie\/housing-authority-powers\/"},"modified":"2024-02-21T23:27:42","modified_gmt":"2024-02-21T23:27:42","slug":"housing-authority-powers","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/housing-authority-powers\/","title":{"rendered":"Authority Powers"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Housing_Authorities\" title=\"Housing Authorities\">Housing Authorities<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Housing_Strategy\" title=\"Housing Strategy\">Housing Strategy<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Acquisition_Provision\" title=\"Acquisition &amp; Provision\">Acquisition &amp; Provision<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Housing_Support\" title=\"Housing Support\">Housing Support<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Supports\" title=\"Supports\">Supports<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Housing_Management\" title=\"Housing Management\">Housing Management<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Designated_Bodies\" title=\"Designated Bodies\">Designated Bodies<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Rent_Conditons\" title=\"Rent &amp; Conditons\">Rent &amp; Conditons<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Requiring_Information\" title=\"Requiring Information\">Requiring Information<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/housing-authority-powers\/#Anti-Social_Behoviopr\" title=\"Anti-Social Behoviopr\">Anti-Social Behoviopr<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Housing_Authorities\"><\/span>Housing Authorities<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities are designated housing authorities by the Housing Acts.\u00a0 The principal function of a Housing Authority is to provide housing for persons who cannot do so by their own means or due to a disability.\u00a0 They also have functions in terms of improving, increasing and maintaining housing standards of the housing stock.<\/p>\n<p>Housing authorities have the power to provide houses directly.\u00a0 They may provide loans to others to construct or purchase their own house.\u00a0 They may give grants or loans for the reconstruction of existing houses. Housing authorities have the power to provide housing for homeless persons.\u00a0 The legislation required the housing authorities to prepare a building programme and allocate housing in accordance with a scheme of priorities.<\/p>\n<p>The housing authorities formerly constructed houses on a large scale.\u00a0 The policy of providing local authority estates has largely changed and most local authority houses have been long since sold to their original tenants.\u00a0 Modern housing policy emphasises the provision of housing by different measures and in a way which avoids segregation of local authority and privately owned houses.<\/p>\n<p>Housing authorities have a duty to provide accommodation for persons who cannot do so from their means.\u00a0 This includes people who are living in a hostel, shelter or other institution due to lack of accommodation.<\/p>\n<p>The Housing Act empowers housing authorities to serve notices on occupiers of land or any person receiving rent in relation to land, requiring particulars of the interest of which he occupies or receives rent or the name, and address of any person who, to his knowledge, has any estate or interest in the land.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Housing_Strategy\"><\/span>Housing Strategy<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Local authorities are obliged to produce a Housing Strategy in relation to housing needs. The Housing Strategy is to estimate the number of persons on the housing waiting list under requirements for affordable housing in the area concerned.<\/p>\n<p>The Housing Strategy must provide that as a general policy that less than 20% of the lands zoned for residential use is reserved for social and affordable housing. Eligibility is based on income, \u00a0financial circumstances and responsibilities. When affordable houses are resold within 20 years, there is a clawback of the subsidy element.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Acquisition_Provision\"><\/span>Acquisition &amp; Provision<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Housing Authority may acquire land for the purpose of housing by compulsory acquisition.\u00a0 This must be confirmed by the Minister, who must be satisfied that the authority will have a reasonable expectation that the land is required.<\/p>\n<p>Housing authorities may provide sites for building purposes.\u00a0 They may lay out roads and services for the sites and carry out such incidental development works as are necessary for the development of houses and ancillary facilities such as commercial and leisure-type development as above.<\/p>\n<p>The Department may pay amounts to the housing authority for the purpose of the provision of sites through an approved body for the construction of dwellings for letting to the persons who qualify for social housing or for the purpose of sale to qualified purchasers.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Housing_Support\"><\/span>Housing Support<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Qualified purchasers are persons assessed in need of social housing, housing authority tenants, approved bodies or certain other housing providers. If houses are resold in 20 years, there is a partial clawback of the amounts provided.<\/p>\n<p>The housing authority may provide and facilitate or manage social housing support.\u00a0 This may include<\/p>\n<ul>\n<li>\u00a0provision of dwellings by approved bodies,<\/li>\n<li>sale of dwellings,<\/li>\n<li>entering arrangements to make rental accommodation available,<\/li>\n<li>provision of caravan sites,<\/li>\n<li>provision of sites for construction.<\/li>\n<\/ul>\n<p>The authority may provide temporary or permanent social housing support.\u00a0 It may build, lease, acquire sites, convert buildings or refurbish them.\u00a0 The housing authority is to have regard to the housing services plan and the need to counteract undue segregation in housing between persons of different social backgrounds.\u00a0 It is to ensure a mixture of dwelling types and sizes of classes of tenure and that it is reasonably matched to the requirements of households.<\/p>\n<p>Social housing support may be provided through entering and attending rental accommodation availability agreements.\u00a0 These are long-term leases used to allocate housing to those who, in the past, would instead have become local authority tenants.\u00a0 The housing authority may enter public\/private partnership arrangements for the performance of its functions in relation to social housing support.<\/p>\n<p>The housing authority may require information from the applicant, including details of household members, ages, occupations, condition of health, income, means of transport, details of current housing arrangements, tenure, etc.\u00a0 It is an offence to provide false information.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Supports\"><\/span>Supports<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Part II of the 2009 Act sets out the types of support that a housing authority may provide.\u00a0 They include<\/p>\n<ul>\n<li>housing supports, including affordable and social housing support,<\/li>\n<li>providing financial and other assistance to formerly homeless households and tenants.<\/li>\n<li>management and maintenance, refurbishment of dwellings owned by the authority,<\/li>\n<li>remedial or regeneration works.<\/li>\n<\/ul>\n<p>The support may be granted in a number of ways, including<\/p>\n<ul>\n<li>social housing support,<\/li>\n<li>affordable housing,<\/li>\n<li>\u00a0shared ownership arrangements,<\/li>\n<li>\u00a0sale of dwelling,<\/li>\n<li>subsidies,<\/li>\n<li>loans,<\/li>\n<li>grants,<\/li>\n<li>homeless person services,<\/li>\n<li>the provision of sites.<\/li>\n<\/ul>\n<p>Housing authorities may provide ancillary services in providing housing services. These may be provided directly or under public\/private partnership arrangements.<\/p>\n<p>This includes the provision of roads, shops, and facilities for community benefit, including health and leisure facilities, playgrounds, recreational places, allotments, open spaces, parks, sites of worship, factories, schools, offices and other buildings, which in the opinion of the housing authority serve a beneficial purpose in connection with the requirements of households.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Housing_Management\"><\/span>Housing Management<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The housing authority may control and manage houses vested in it.\u00a0 It may also agree to carry out the management and control of a house of which it is not the owner if the house is provided under a contract or lease between the authority and the owner of the dwelling house under the rental accommodation scheme.<\/p>\n<p>The housing authorities may<\/p>\n<ul>\n<li>allocate dwellings to eligible households,<\/li>\n<li>may sell dwellings or<\/li>\n<li>may let them on terms as they determine.<\/li>\n<\/ul>\n<p>The provisions in the 2009 Housing Act may be incorporated in tenancy agreements which the authority enters. \u00a0The legislation also provides for terms and conditions of rental accommodation agreements.\u00a0 If the authority enters agreements with an owner, the terms of the tenancy with the tenant should reflect the terms and conditions of the tenancy agreement with the owner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Designated_Bodies\"><\/span>Designated Bodies<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The housing authority may delegate its management functions, including powers to maintain, repair, refurbish, enforce, et cetera, to designated bodies.\u00a0 These include other councils and housing associations. They may be established jointly between residents and the council and declared to be designated bodies for this purpose.<\/p>\n<p>The constitution of designated bodies may be set by ministerial regulation.\u00a0 The delegation may be revoked.<\/p>\n<p>Delegation or revocation is reserved to the elected members.\u00a0 Delegation may relate to management, rent collection and maintenance of common areas.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Rent_Conditons\"><\/span>Rent &amp; Conditons<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Housing authorities may determine the rent and charges for lettings made.\u00a0 They may charge for rent, service charges and insurance.\u00a0 Statutory formulae may apply.<\/p>\n<p>The scheme determining rental conditions may be reviewed and modified.\u00a0 The making of the scheme is reserved to the elected members.\u00a0 Decisions on rent and other charges on an ongoing basis are an executive matter.\u00a0 Copies of the scheme must be made available to members of the public without charge at the local authority\u2019s offices and on the internet.<\/p>\n<p>Monies owed to the housing authority are subject to an interest rate set from time to time.\u00a0 The housing authority may enter arrangements for payment of arrears in instalments.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requiring_Information\"><\/span>Requiring Information<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The housing authority may require information from applicants for housing support or who have obtained housing support.\u00a0 It may seek details of the composition of the household in terms of age, sex, occupation, income, benefits and allowances of household members.\u00a0 It may seek details of the household\u2019s current housing arrangements, rents payable, landlord\u2019s details and details of any previous housing provided by the housing authority.<\/p>\n<p>The request for information is made in writing, and there is a specified period during which a response must be made.\u00a0 The giving of false, misleading information is an offence, subject to summary prosecution to a fine of up to \u20ac3,000.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Anti-Social_Behoviopr\"><\/span>Anti-Social Behoviopr<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Housing authorities must make and publish a strategy in relation to antisocial behaviour.\u00a0 It is adopted by the elected members. The strategy is to be reviewed periodically.\u00a0 Certain parties are to be consulted, including the Garda Siochana, the Health Services Executive and other appropriate parties.<\/p>\n<p>The purpose is to prevent and reduce instances of antisocial behaviour, promote good estate management, coordinate services aimed at dealing with antisocial behaviour and promote cooperation with agencies, including Garda Siochana, in order to take a coordinated approach to antisocial behaviour. It may provide for procedures and initiatives for dealing with antisocial behaviour and its reduction.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10483\" data-postid=\"10483\" class=\"themify_builder_content themify_builder_content-10483 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Housing Authorities Local authorities are designated housing authorities by the Housing Acts.\u00a0 The principal function of a Housing Authority is to provide housing for persons who cannot do so by their own means or due to a disability.\u00a0 They also have functions in terms of improving, increasing and maintaining housing standards of the housing stock. [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[277],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10483"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10483"}],"version-history":[{"count":7,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10483\/revisions"}],"predecessor-version":[{"id":32115,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10483\/revisions\/32115"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}