CALL FOR HALT ON ‘WITHOUT GROUNDS’ PUBLIC HOUSING EVICTIONS

Noongar man Richard Ugle was evicted from public housing under a ‘without grounds’ termination last week. Credit: Jesse Noakes.

BY GERARD MAZZA.

The WA Tenancy Network of community legal centres yesterday called for a moratorium on ‘without grounds’ evictions from public housing.

The Housing Authority uses ‘without grounds’ terminations to end periodic or fixed term tenancies without having to provide any justification.

Last month, the Federal Court granted an injunction to Noongar man John Abraham, preventing the termination of his fixed-term tenancy while the Australian Human Rights Commission considers a racial discrimination complaint. 

Mr Abraham’s complaint is based on data confirmed by the Department of Communities which shows Aboriginal households comprise 58% of fixed term tenancies issued by the Authority, but only 25% of public housing tenancies in WA.

Last week, the Authority enforced another ‘without grounds’ eviction on Noongar man Richard Ugle, despite the injunction.

Principal Tenancy Lawyer at Circle Green Community Legal Centre Alice Pennycott said if the Authority continued to undertake terminations before the Human Rights Commission heard the complaint, centres like her own would have to “assist tenants who are in this situation with commencing their own racial discrimination complaints and seeking Federal Court injunctions on the same basis [as Mr Abraham’s case].”

She said this would be “a significant use of resources” for community legal centres, the Department and the Court.

Ms Pennycott said there are other ways in which the Authority can terminate tenancies if they have good reason to.

“The housing authority, if they have concerns of significant breaches or safety issues or anything like that, they still have avenues available to them in the Residential Tenancies Act to terminate for those reasons, provided that they can establish those grounds and satisfy a Magistrate that they justify termination,” she said.

A Department of Communities spokesperson said “Termination action, including the non-renewal of fixed term tenancies, is considered a measure of last resort, only to be taken when all other efforts to preserve the tenancy have failed.”