Dáil Éireann Debate, Tuesday - 25 May 2021
263. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the supports his Department will provide to non-homeless persons that may be approved for HAP but are unable to find accommodation that will accept same or that is within the threshold; and if he will make a statement on the matter. [27618/21]
View answerThe Housing Assistance Payment (HAP) is a form of social housing support for people who have a long-term housing need. Any household assessed as eligible for social housing is immediately eligible for HAP and those households must source their own accommodation in the private rental sector.
A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement specifically with a HAP recipient. However, on 1 January 2016, the Equality (Miscellaneous Provisions) Act 2015 introduced “housing assistance” as a new discriminatory ground. This means that discrimination in the provision of accommodation, or related service and amenities, against people in receipt of rent supplement, HAP or other social welfare payments is prohibited. Further information is available at www.ihrec.ie/your-rights/i-have-an-issue-with-a-service/i-have-an-issue-about-accommodation/
If a person feels that he or she has been discriminated against by a landlord or agent, he or she can make a complaint under the Equal Status Acts to the Workplace Relations Commission; further information is available on the Commission's website, www.workplacerelations.ie.
Each local authority has statutory discretion to agree to a HAP payment up to a maximum of 20% above the prescribed maximum rent limit in circumstances where it is necessary, because of local rental market conditions, to secure appropriate accommodation for a household that requires it. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis.
Under HAP, households at risk of homelessness may be eligible for additional supports. To qualify for specific additional supports available to homeless households, a household must have been determined by the relevant local authority to be homeless within the meaning of section 2 of the Housing Act 1988. The operation of local homeless services, including the Place Finder Service, is a matter for each local authority.
While there is no legislative provision precluding HAP supported households contributing towards the monthly rent required by a landlord, local authorities have a responsibility to ensure that tenancies are sustainable and that households in HAP are in a position to meet the rental costs involved.
The Programme for Government commits to ensuring that HAP levels are adequate to support vulnerable households, while we increase the supply of social housing. My Department continues to keep the operation of the HAP scheme under review and it is a key mechanism in meeting housing need across the Country.
