UILA - Red Cross Webinar Series - Housing Rights - ENG.pptx

The presentation by Edel Finn from McCann Fitzgerald and Eithne Lynch from A&L Goodbody.

Understanding your rights under State provided accommodation

Understanding your rights living with a host

Understanding your rights in private rented accommodation

1. Housing Rights 4 June 2024 Hosted by:

2. Introduction – Your presenters Edel Finn Senior Associate McCann Fitzgerald Eithne Lynch Head of Pro Bono A&L Goodbody

3. State-provided Emergency Accommodation The Department of Children, Equality, Disability, Integration & Youth ( DCEDIY ) oversees the accommodation of displaced Ukrainians in pledged and emergency accommodation. What does State-provided emergency accommodation look like? Designated Accommodation Centres ( DACs ) Emergency rest centres Student Accommodation Sites Hotels

4. Policies Accommodation for maximum of 90 days Where the accommodation supplies food, individuals must pay a contribution of €10 per day for adults, and €5 per day for each child.

5. Accommodation Policies Absence Policy 1 Refusals Policy 2 Anti-Social Behaviour Policy 3 Pet Policy 4

6. Social Welfare Rights Social welfare rate of €232 per week Reduced social welfare rate of €38.80 per adult and €29.80 per child. Monthly Child Benefit for qualifying children. Registered Pre-14 March 2024: Registered Post-14 March 2024:

7. Upcoming Changes to Social Welfare Rights All Beneficiaries of Temporary Protection ( BOTPs ) living in state-provided serviced accommodation will receive the same level of payment regardless of when they arrived Current rate of social welfare payment will fall from €232 to €38.80

8. Social Housing Supports Beneficiaries of Temporary Protection will not be able to access social housing supports, including HAP and Homeless HAP.  Since 2022, rent supplement is available on a flexible basis to support those availing of temporary protection in Ireland and who wish to access private rented accommodation .

9. Rent Supplement - explained Ukrainians covered by Temporary Protection Directive may be entitled to receive a rent supplement. You will not qualify if: You are in full-time employment (work 30 hours+ a week) Are married or are living with a partner in full-time employment Are registered as a full-time student Are receiving Housing Assistance Payment (HAP) – HAP is not available to Ukrainians covered by Temporary Protection Directive Not required to meet certain conditions but will be means tested. Applicants are means tested so it considers all their financial resources as well as their personal and family circumstances. Beware of maximum rent limits set for your country or your area Managed by Department of Social Protection and application packs are available from local Intreo offices

10. International Protection vs. Temporary Protection International Protection Applicants Refugee Status/ Subsidiary Protection Beneficiaries of Temporary Protection Right to Work Right to apply for access to labour market after five months Access to labour market upon receiving status Immediate access to labour market with temporary protection permission letter Accommodation Provided by IPAS while application is under consideration No automatic entitlement to housing, can apply for social housing supports 90-day entitlement to state-provided accommodation, access to rent supplement Social Welfare Weekly payment of €38.80 for each adult or €29.80 for each child Same entitlements as Irish citizens, subject to eligibility conditions In state-sponsored accommodation: weekly payment of €38.80 for each adult or €29.80 for each child Not in state-sponsored accommodation: same entitlements as Irish citizens, subject to eligibility conditions

11. Pledged Accommodation Organisations Helping Irish Hosts Irish Red Cross Local Authorities’ “Offer a Home” Scheme International Organisation of Migration, Ireland

12. Pledged Accommodation – Guests’ Rights and Obligations Living with a Host Registered host: Pledged th rough official organisations Properties i nspected in advance Hosts are Garda vetted Screening process Unregistered host: Offered through other channels e.g. social media groups No screening, Garda vetting or inspections on the property Common sense and diligent approach should be taken Rights and Entitlements Temporary accommodation licence agreement recommended Template licence available from the Department of Children, Equality Disability Integration and Youth for unoccupied / self-contained properties Template Home Sharing Agreements available from Helping Irish Hosts for host accommodation Licences only – no rights under tenancy legislation Revokable at any time Agree at outset any living arrangements and contributions to be paid: food, utility bills etc

13. Pledged Accommodation – ARP Approved Recognition Payment (ARP) - Criteria Administered by the Department of Social Protection Under the ARP Programme, rent is not payable - there cannot be any rental agreement between the host and the beneficiary The host receives a payment of €800 per month from the Government Tax-free payment is per property regardless of how many people are being hosted in the property. The accommodation must be provided for a minimum of 6 months. Garda vetting is not a requirement to receive the payment

14. Pledged Accommodation – Housing Standards ARP – Housing Standards Requirements Legal requirement: Civil Law (Miscellaneous Provisions) Act 2022 (Part 2) (Eligible Dwelling Standards) Regulations 2022 Relates to both private rooms and entire properties Structural condition: in good state of repair, safe and free from pests and vermin. Detailed checklist available in the Government Policy document: https://www.gov.ie/en/publication/85e79-accommodation-standards/#checklist Basic facilities: bathroom and shower, heating, facilities to store, prepare and cook food, access to washing machines and an appropriate place to dry clothing, refuse facilities and appropriate fire safety equipment. All facilities be kept in a safe condition and in good working order and repair.

15. Private Rented Accommodation - Tenant’s Rights and Obligations Tenants’ Rights: Property must be in good condition Peaceful and exclusive occupation ‘Rent Book’ to record all rent payments Contact the Landlord when necessary Refer dispute to the RTB Prompt repayment of deposit at end of tenancy Tenants’ Obligations: Pay rent and any other charges on time Keep property in good condition No anti-social behaviour in or around the property Request landlord permission before using the property for any other purpose Allow landlord access for inspections Inform landlord of any issues or defects Comply with any other term of tenancy agreement

16. Private Rented Accommodation - Termination Tenancy <6 months: Landlord provides 28 days written notice No specific ground or reason for termination is required Tenancy >6 months: Part 4 Tenancy arises (under Residential Tenancies Act 2004) If tenancy created after 11 June 2022, statutory right to remain to stay in property for unlimited duration unless Landlord terminates with a valid & permitted reason: Failure to comply with obligation under tenancy e.g. pay rent Property no longer suitable for tenant’s needs e.g. too small Landlord wants to sell within 9 months Property is needed for Landlord’s immediate family member Landlord wants to change the use of the property e.g. to office use Substantial refurbishment to the property required

17. Useful resources and links State Accommodation - Ukraine Crisis Temporary Accommodation Team (UCTAT) – email: [email protected] or [email protected] ARP Payment – Department of Social Welfare. Email [email protected] or call 0818 708090 Local Authorities Community Forum teams established in every local authority Residential Tenancies Board: 0818 303 037 Threshold: an Irish Charity providing free advice and support to people in housing difficulty and those at risk of losing their rented home – Freephone 1800 454 454

18. Questions? Hosted by: This material contains general information about Irish Law. It is not intended to provide, and does not constitute or comprise, legal advice and is provided for general information purposes only. Please do not act or refrain from acting on the basis of any information contained in this material without seeking appropriate legal or other professional advice.   Цей матеріал містить загальну інформацію про законодавство Ірландії. Він не призначений та не є юридичною консультацією , а також не містить юридичну консультацію  і надається винятково з інформаційною метою. Будь ласка, не вчиняйте дій або не утримуйтесь від дій на основі будь-якої інформації, що міститься в цьому матеріалі, без відповідної юридичної чи іншої професійної консультації .