Anti-social behaviour strategy
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Section 14This section empowers Local Authorities to refuse or defer a letting of a dwelling, or to refuse an application from a tenant to purchase a dwelling, where the applicant is or has been involved in Anti-social behaviour or where the letting or sale would not be in the interest of good estate management. The power to refuse lettings also extends to applicants who fail to provide necessary information to the housing authority. A housing authority may also refuse consent to the resale of a tenant purchase dwelling to a person involved in Anti-social behaviour or on grounds of good estate management where the consent of the authority to the resale is required.
S. 197 of the Residential Tenancies Act 2004 contains an amendment to this section of the Housing (Miscellaneous Provisions) Act 1997 and gives more powers to Housing Authorities to refuse the sale of a dwelling provided by Part V of the Planning and Development Act 2000 (Affordable Housing), if the Housing Authority considers the applicant is/or has been involved in Anti-social behaviour. Section 15This section allows Local Authorities to apply to other housing authorities or statutory agencies for information in relation to any person seeking a house from the authority or residing or proposing to reside at a house provided by the authority or whom the authority considers may be or may have been engaged in Anti-social behaviour and, notwithstanding anything contained in any enactment, such other housing authority or statutory agency may provide the information.
This section amends the Social Welfare Acts to enable Health Authorities to refuse or withdraw rent or mortgage interest supplement for private housing under the supplementary welfare allowance scheme where persons, otherwise eligible, have been evicted, excluded, or removed from, or refused local authority housing.
This section creates a specific offence of intimidation against local authority officials, health authority officials, any member of their family, or any person who provides evidence under Section 62 of the Housing Act 1966 or the 1997 Act. A person who causes or attempts to cause any threat, intimidation or harassment, coerces, obstructs, impedes or interferes with, an officer or employee of a housing authority or a health board or a member of the family of such officer or employee or any person who provides or is to provide evidence in any proceedings under Section 62 of the Housing Act 1966 or this Act shall be guilty of an offence. Penalty - £1500 (€1,905) fine, 12 months imprisonment or both. Section 20This section deals exclusively with squatters. It provides a new power to the Garda Siochana to remove squatters who are engaging or have engaged in Anti-social behaviour from Council houses. It empowers the Garda Siochana on notification by the housing authority to direct any illegal occupant of a local authority house engaged in Anti-social behaviour to leave the house. Non-compliance with a Garda’s direction is an arrestable offence. There are also powers of search and entry available to the Gardai.
Where in any proceedings under Section 62 of the Housing Act 1966 or Sections 3, 4, or 9 of the 1997 Act a member of the Garda Siochana or an officer of a housing authority or a health authority states that he or she believes that a person is or has been engaged in Anti-social behaviour, if the Court is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat, or fear from providing evidence in that regard, the statement shall be evidence of such Anti-social behaviour.
commencement of this section, draw up and adopt a strategy (in this section referred to as an “anti-social behaviour strategy”) in respect of that part or those parts of its administrative area in which are situated— (a) dwellings let by the housing authority to tenants under the Housing Acts 1966 to 2008, (b) dwellings in which relevant purchasers (within the meaning of section 1 of the Act of 1997) reside, and (c) sites (within the meaning of section 1 of the Act of 1997).
objectives— (a) the prevention and reduction of anti-social behaviour, (b) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, antisocial behaviour, (c) the promotion of co-operation with other persons, including the Garda Siochana, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti-social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and (d) the promotion of good estate management. (3) An anti-social behaviour strategy shall set out the proposals of the housing authority for achieving the principal objectives 15 referred to in subsection (2), including, but not necessarily limited to, the following: (a) procedures in relation to the making of complaints to the housing authority in respect of anti-social behaviour; (b) initiatives for the prevention and reduction of anti-social 20 behaviour; (c) the provision of education relating to, and the carrying out of research into, anti-social behaviour and its prevention and reduction. (4) A housing authority— 25 (a) shall, not less than 6 months before the expiration of its housing services plan, and (b) may, from time to time as it thinks fit, review its anti-social behaviour strategy and amend the strategy or draw up and adopt a new strategy, as it considers appropriate. (5) When drawing up a strategy, or before amending a strategy, a housing authority shall consult with— (a) any joint policing committee established under section 36 of the Garda Siochana Act 2005 in respect of its administrative area, (b) the Garda Siochana, (c) the Health Service Executive, and (d) any other person as the authority considers appropriate. (6) The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy shall be a reserved function. (7) The drawing up and adoption of, and amendment of, an antisocial behaviour strategy is not to be taken to confer on any person a right in law that the person would not otherwise have to require a housing authority in a particular case to exercise any function conferred on it under the Act of 1997 or this Act or to seek damages for a housing authority’s failure to perform any such function. Directory: sites -> default -> files files -> Answer True False 2 points Question 2 files -> Northern England’s set-jetting locations files -> Nstructions for Acquiring Excess Equipment online, through the 1033 Program files -> Occupational health and safety files -> The Black Panther Party’s Ten Point Program files -> International programs roel profile files -> Fermi Questions a guide for Teachers, Students, and Event Supervisors Lloyd Abrams, Ph. D. DuPont Company, cr&D/ccas experimental Station Wilmington, de 19880 files -> Personal Information Name: Maha Al-Ammari Nationality: Saudi Relationship Status Download 221.48 Kb. Share with your friends:
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