New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 144

144 Eligibility assessments of social housing tenants

(1) In carrying out an assessment of the eligibility of a tenant under a social housing tenancy agreement to reside in the class of social housing premises concerned, the landlord is to apply the criteria approved by the appropriate Minister for the purposes of this section.

(2) Any such criteria may differ from the criteria used to assess a person's eligibility to commence residing in that class of social housing premises.

(3) The criteria used for the purposes of an assessment must not relate to whether or not the tenant has complied with any term of the agreement.

(4) The landlord may request the tenant to provide any information that is reasonably required to enable the landlord to determine whether the tenant meets the criteria for the purposes of an assessment under this section.

(5) If the tenant refuses to provide any such information to the landlord, the landlord may determine, without further inquiry, that the tenant is not eligible to reside in the class of social housing premises concerned.

(6) In the case of a fixed term agreement, an assessment may not be carried out earlier than 6 months before the end of the fixed term.

(7) The criteria referred to in this section are to be made publicly available.

(8) A copy of the criteria is to be provided, on request, to any tenant under a social housing tenancy agreement free of charge and to other persons either free of charge or on payment of reasonable copying charges.