(1) Structure and materials. The protective building must be structurally sound to protect the occupants from the elements and not pose a threat to the health and safety of the occupants. Any renovations (including major renovations and conversions) carried out with ESG support must use Energy Star and WaterSense products and equipment. Challenges to the adequacy of Part 7 accommodation are eligible for legal aid. This includes advice and support, as well as the reasonable cost of obtaining evidence such as medical reports or investigation reports. The applicant may prepare and submit detailed financial statements as part of its written submissions challenging the suitability of housing on the basis of affordability. An advisory centre can assist the applicant in preparing the annual financial statements. 17.6 All social considerations relating to the applicant and his/her household that could affect the adequacy of housing must be considered, including the risk of violence, racial or other harassment in a particular location. If the domestic violence is involved and the applicant is unable to stay in the current unit, housing authorities may need to consider the need for alternative housing, the location of which can be kept secret and which has security and staff measures in place to protect residents. The COVID-19 pandemic has highlighted the need for everyone to have a safe place to call home. The ensuing economic crisis will mean that many people will no longer be able to pay their rent or mortgage. National, regional and local governments must prevent another catastrophic wave of evictions and urgently address discriminatory patterns of social exclusion in the enjoyment of the right to adequate housing.
Only together can we ensure that no one is left behind. Any shelter provided under homelessness legislation must be appropriate, but jurisdiction over the specific impact of the pandemic on eligibility is limited. In a case involving temporary accommodation, the High Court ruled that a local authority that had provided self-contained accommodation to a homeless applicant who was particularly vulnerable to Covid-19 was not required to provide white goods and a bed. In this case, the applicant was provided with a mattress and a microwave, but these were not sufficient to insulate him. The court rejected this argument and concluded that the authority had acted lawfully. [6] 17.49. It is recommended that housing authorities, particularly those that consider it necessary to provide housing in districts, develop strategies for the purchase and allocation of temporary housing that will help meet adequacy requirements. This would provide useful guidance to staff responsible for identifying and preparing accommodation offers, and make local arrangements and accommodation challenges clearer for applicants. 6) Sanitation. Each participant in the shelter program must have access to fully functioning, private sanitary facilities suitable for personal cleanliness and human waste disposal.
17.4 Space and layout are key factors in determining suitability. However, assessing the suitability of a shelter requires an assessment of all aspects of the shelter in light of the particular needs, requirements and circumstances of the homeless person and their household. The location of the property will always be a relevant factor. 17.1 This chapter provides guidance on the factors to be taken into account in determining whether the housing guaranteed under the 1996 Act is adequate and has contributed to its safeguarding. This includes (temporary) housing secured by temporary accommodation obligations or the main housing obligation, as well as established dwellings that would terminate the obligation of prevention, relief or principal residence. Local councils have legal obligations towards homeless people. If you contact the Council and you are homeless or at risk of losing your home within the next 56 days, the Council may need: (a) to have committed offences involving fraud or other forms of dishonesty, violence or illegal drugs, or listed in Schedule 3 of the Sexual Offences (Reportable Offences) Act 2003; 17.48 The authority should assess whether the location is suitable for all members of the household. Section 208(1) of the 1996 Act requires authorities, when carrying out their housing obligations under Part 7 of the 1996 Act, to provide, where reasonably possible, safe accommodation in the authority district.