Briefing Note

Name of Bill: Residential Tenancies Amendment (Tenant Protections and Flood Response) Bill 2022

Introduced by: Jenny Leong MP, Greens Housing Spokesperson

Date of second reading speech in Parliament: 24 March 2022

Residential Tenancies Amendment (Tenant Protections and Flood Response) Bill 2022

NSW is experiencing a well documented housing crisis which has made housing affordability a key issue for a high percentage of renters in NSW. This situation has been exacerbated in the wake of the devastating floods in NSW which have impacted thousands of people who need specific protections at this time to avoid homelessness and/or extreme financial stress. 

This Bill seeks to amend the Residential Tenancies Act 2010 to provide:

• increased protections for tenants generally across NSW
• additional specific protections for tenants in NSW flood impacted areas

This Bill addresses crucial issues faced by renters in NSW in light of the housing affordability crisis and social housing deficit in the form of protection from unfair evictions and rent caps. It also addresses minimum rental standards so that renters are protected from living in conditions which are detrimental to their health by inserting mould and waterproofing ‘fit for habitation’ requirements. 

Specific Measures for Flood Impacted Areas

The following protections for renters in flood impacted areas will apply for 12 months after this Bill is enacted:

1. Evictions Ban: Tenants in areas which have been declared flood impacted will be protected from evictions unless the property is uninhabitable or the property ceases to be able to be used as a residence.
2. Cap on Rents: Existing rents will be unable to be increased during this period. New leases and leases on new rental properties will also be limited and must be in line with the median rent for the same type of property prior to Feb 25th 2022.

Increased Tenant Protections across NSW

• Mould and Damp Free: Landlords for residential premises will be required to ensure that the premises are ‘free of mould’ and have adequate ‘waterproofing’, in addition to existing plumbing and drainage as a determination of ‘fit for habitation’.
• End No Grounds Evictions: Puts an end to unfair evictions. Tenants will only be able to be evicted under a specific set of circumstances. Guidance to the Tribunal is also inserted to prevent retaliatory evictions. 
• Limiting Rent Increases: Rent increases will be restricted to a maximum of once per year and only in line with either the public sector wage increase or the CPI for Sydney, whichever is lesser.

Renters who are impacted by the catastrophic floods throughout NSW need urgent support.

Sign the petition to join the Greens calls for the NSW Government to take immediate action to support renters in this crisis and through the recovery period from these devastating floods.

Read the full plan here.

Many renters have lost everything and are now facing the prospect of finding temporary accommodation while also dealing with their landlords, negotiating rent waivers and even facing eviction or rent hikes once the clean up is complete.

On the NSW North Coast, the demand for rental properties was already exceeding availability before the storms hit. This chronic shortage of rental properties could cause a huge increase in the cost of rent as people scramble to find somewhere to live.

We've put up a Bill which calls for tenants in flood impacted areas to be protected with the following:

1. Evictions Ban: Tenants in areas which have been declared flood impacted will be protected from evictions unless the property is uninhabitable or the property ceases to be able to be used as a residence.
2. Cap on Rents: Existing rents will be unable to be increased during this period. New leases and leases on new rental properties will also be limited and must be in line with the median rent for the same type of property prior to Feb 25th 2022.

And for the following increased tenant protections for all tenants throughout NSW

• Mould and Damp Free: Landlords for residential premises will be required to ensure that the premises are ‘free of mould’ and have adequate ‘waterproofing’, in addition to existing plumbing and drainage as a determination of ‘fit for habitation’.
• End No Grounds Evictions: Puts an end to unfair evictions. Tenants will only be able to be evicted under a specific set of circumstances. Guidance to the Tribunal is also inserted to prevent retaliatory evictions. 
• Limiting Rent Increases: Rent increases will be restricted to a maximum of once per year and only in line with either the public sector wage increase or the CPI for Sydney, whichever is lesser.

Sign the petition to add you voice to the call for urgent relief for flood impacted renters now.

The Greens are calling on the NSW Government to take immediate steps to support renters who are impacted by the catastrophic floods throughout NSW.

Greens Member for Ballina, Tamara Smith MP has joined with NSW Greens Housing spokesperson, Jenny Leong MP to call for immediate action to support renters in this crisis and through the recovery period from these devastating floods – including bond vouchers, a freeze on rent increases, and a ban on evictions.

Jenny Leong MP, Member for Newtown and NSW Greens spokesperson on Housing and Homelessness has slammed the NSW Liberal/National Government’s 2021 budget which demonstrates they have no plan to end the housing and homelessness crisis for people across NSW even though they have the money and the solutions to do so.

“Today the NSW Liberal Treasurer said it was his job to imagine a ‘better future for everyone’, and yet there is no vision in this budget for a better future for those suffering housing stress, languishing on the public housing waiting list or seeking to find affordable places to live. 

“Yet again, the NSW Liberal National Coalition has made a choice to ignore the massive, and ever-growing, housing inequality in this state by instead choosing to announce some small scale measures and spin them as a good news story.

Greens Member for Newtown, Jenny Leong MP has condemned the Liberal/National Governments ongoing privatisation agenda -particularly in regards to public housing.

Greens Member for Newtown, Jenny Leong MP has raised her serious concerns about the NSW Housing Strategy.

Jenny Leong MP, Greens Member for Newtown has called out the government for ignoring the housing crisis in NSW, and refusing to invest in social housing in any meaningful way.

As a member of the committee conducting the inquiry into the protocol for homeless people in public places, Jenny Leong MP, Member for Newtown has commented on the report as it was delivered.

Jenny Leong, The Greens Member for Newtown has asked the NSW Premier to justify the Liberal Governments refusal to conduct pest control to address large scale rat and cockroach infestations in properties leased as public housing.

Local residents and community members in Eveleigh unanimously rejected the NSW Government's plan to redevelop the Explorer Street public housing estate at a community online meeting led by Jenny Leong MP, Member for Newtown and Greens NSW spokesperson on Housing. The meeting opposed the plan to use this site to create a large number of high density private dwellings with a small increase in public housing and affordable dwellings.

The following resolution was passed on Dec 8, 2020: 

This meeting of residents expresses its opposition to the proposed demolition and rebuilding of the social housing units at Explorer Street in Eveleigh.

We believe public land should be used exclusively for social and affordable housing. These projects won’t address the social housing shortage in the inner city, they are out of keeping with the low-rise character of Eveleigh and they will displace residents for years.

We call on the NSW Government to:

1. Abandon their proposal to knock-down and rebuild this estate.
2. Develop a comprehensive plan to fund a significant increase in social housing construction in NSW and significant maintenance works to ensure every home is in good, liveable condition.