Housing Ireland Chartered Institute of Housing - AUTUMN 2017

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Housing Ireland
Chartered Institute of Housing

AUTUMN 2017
ISSUE 12
Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Contents

      Editorial: Let's get Ireland building                                                                                  3

 Regular insights
      Policy: News roundup                                                                                                   4

      Around the UK

           England and Scotland                                                                                              5

           Wales and Northern Ireland                                                                                        6

      Skills and Training                                                                                                    7

      How to: choice based lettings                                                                                          8

      Best practice: in-house repairs                                                                                        9

      Housing heroes: Jim Baneham                                                                                          10

 In depth
      Situation critical - it's time for a state housebuilding programme, Colette Kelleher                                 12

      Housing is a right - it must be recognised in Irish law, Niamh Randall                                               14

      Housing in Europe - how does Ireland compare? John Perry                                                             16

      Affordable rental or cost rental - what’s the difference and why does it matter? Simon Brooke                        18

      Private rented policy - room for improvement, John-Mark McCafferty                                                   20

      Housing, HAPs and hubs - the crisis of family homelessness, Dr Mary P. Murphy and Dr Rory Hearne                     22

Disclaimer: The views expressed by contributors in Housing Ireland are not necessarily those of the Chartered Institute of Housing,
the editor or the editorial panel and should not be taken as representative of any of the above.

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Editorial
Let's get Ireland building

                                                           Much of this issue is dedicated to discussing what’s
                        Justin Cartwright                  needed to achieve the aims of the government’s
                        Editor                             housing and homelessness plan. The work completed
                        Chartered Institute of             to date has been notable and it’s welcome to see the
                        Housing                            on-going commitment of resources and focus on the
                                                           single biggest issue in Ireland.
                                                           But more needs to be done to meet the scale of the
I recently conducted a poll of Housing Ireland             challenges faced. An obvious area for improvement
readers to make sure the journal remains a useful tool     is the low level of new-build social housing. Private
for the Irish housing sector. While a good majority        rented accommodation will continue to play an
of respondents valued receiving the journal (86 per        important role in providing a roof and financial
cent) and thought it was relevant to the job they do       support for people in need. But if new build targets
(82 per cent), only half said they could use Housing       are to be met and value for money is to be achieved
Ireland in their work. A resounding message was that       in the long term, the obvious answer is a step change
readers want a shorter journal with more content for       in capital subsidy realised as a social housebuilding
busy practitioners, as well as a round up of recent        programme, undertaken by the state and/or the
policy developments in Ireland.                            community and voluntary sector.
Therefore the editorial panel and I have introduced a      There are a number of approaches government
number of changes. First, the journal is now divided       could take, with various available options for strategic
into two sections – regular insights, and in depth. The    delivery. Whether done via local authorities, a new
‘in depth’ section contains the traditional articles but   public trust and/or a new housing association,
they are now shorter in length. ‘Regular insights’ will    additional building could be made more viable with
have five standard elements:                               the use of cost rental paid for by a version of housing
•   Policy news round up – a summary of recent and         assistance payment (HAP).
    significant developments in Ireland                    Fiscal rules, delivery timescales and what is politically
•   Around the UK – a flyover of developments in           achievable will no doubt conspire to frustrate
    Northern Ireland and Britain                           such approaches. But the scale of the housing and
                                                           homelessness crisis requires bold actions. And the
•   Skills and training – a summary of upcoming CIH
                                                           time for action is now.
    short courses and qualifications to help you in
    your work
•   How to – top tips in a current and relevant area of
    practice
•   Best practice – a showcase of a great project
    being undertaken by practitioners, and
•   Housing heroes – a Q&A with a CIH member.
                                                           Editorial panel:
I hope you find these changes beneficial and the           Simon Brooke, Clúid Housing
journal better meets your needs. CIH wants Housing         Caren Gallagher, Residential Tenancies Board
Ireland to offer relevant information to practitioners     Niamh Randall, Simon Communities of Ireland
and policy makers alike, to help deliver the ambitious     David Silke, Housing Agency
programme in Rebuilding Ireland.                           Dr Lorcan Sirr, Dublin Institute of Technology
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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Policy
News round-up

Review of Rebuilding Ireland.                             properties (voids) programme for void and vacant
                                                          social homes to be retuned to use. A departmental
A targeted review of the government’s Rebuilding
                                                          empty homes unit is being established, and local
Ireland action plan for housing and homelessness
                                                          authorities are designating vacant homes officers to
was announced, following the first full year of its
                                                          identify properties that can be returned to productive
implementation. The public consultation process ran
                                                          use. A vacant homes strategy is to be published in
from 21 July to 11 August – CIH has said that while
                                                          September.
it is correct that the strategy focus on the critical
supply issue, the plan must also focus on people. This    Private rented sector.
includes support for housing practitioners to ensure
                                                          Maynooth and Cobh were designated as rent
a housing sector with high professional standards
                                                          pressure zones (RPZs) in March, which means 57 per
to deliver the plan’s outcomes, and also support
                                                          cent of national tenancies are now located in RPZs.
for tenants through resident engagement and
                                                          The methodology behind the Residential Tenancies
participation initiatives.
                                                          Board (RTB) rent index has been revised in order
Social housing.                                           to monitor changes in average rents in these areas
                                                          going forward. According to the daft.ie quarter two
The housing assistance payment (HAP) scheme is
                                                          rental report, the average national asking price of
now available to eligible households in all 31 local
                                                          rent now stands at €1,159 per month representing an
authority areas. Under HAP, local authorities pay
                                                          11.8 per cent year-on-year increase.
landlords directly for private rented accommodation,
to house people previously on waiting lists. It           Homelessness.
continues to be the primary delivery method for
                                                          Housing authorities helped just over 3,000 homeless
social housing outcomes. Of the 19,056 outcomes
                                                          households into independent tenancies during
delivered in 2016, 12,075 (63 per cent) were via HAP.
                                                          2016, but the government deadline to move all
The next two highest delivery methods were social
                                                          families who are homeless out of temporary hotel
homes obtained through refurbishment at 2,308 (12
                                                          accommodation by 1 July was missed. Additional
per cent), and acquisitions at 1,959 (10 per cent).
                                                          funding was provided for the family hub programme
The delivery method with the lowest share was social
                                                          for more families moving into hubs. 22 rapid build
housing new build at 665 (three per cent), which
                                                          homes were delivered in 2016, with another 175 due
will need to grow if overall delivery figures are to be
                                                          for completion in 2017. This is considerably short
raised substantially and value for money objectives
                                                          of the targeted delivery of 800 homes as outlined
are to be achieved.
                                                          in Rebuilding Ireland. A Central Statistics Office
In a recent announcement, minister Eoghan Murphy          (CSO) report titled ‘Census 2016 profile 5: homeless
committed to an additional 800 new build social           persons in Ireland’ was published in August, finding
housing units in 2018 bringing the total targeted         that almost 7,000 people were homeless, and that
return to 3,800 units.                                    family homelessness has risen 200 per cent since
                                                          2011. This follows departmental information showing
Vacant homes.
                                                          the highest ever level of individual, family and child
A number of initiatives to bring vacant homes             homelessness.
back are underway. Additional funds were made
available to the repair and leasing scheme, which
targets vacant properties to secure them for social
housing. Funding was allocated under the vacant

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Around the UK
England and Scotland

England                                                    Scotland

Housing white paper.                                       A new social security system for Scotland.
In February the government published ‘Fixing our           The Social Security (Scotland) Bill introduced in
broken housing market’ setting out its ideas for           June sets out the high level legal framework for
solving England’s housing crisis under four broad          the devolution of 11 benefits. It outlines seven
headings: building the right homes in the right            key principles based on human rights, dignity and
places; building faster; widening the range of             respect which are intended to underpin the new
builders and construction methods; and helping             system as well as a duty to introduce and report on a
people now, including investing in new affordable          social security charter.
housing and preventing homelessness. How many
                                                           Social Security (Scotland) Bill: http://bit.ly/2sP3FqA
of the proposals will be taken forward isn’t clear as
government is now focused on Brexit negotiations           CIH submission: http://bit.ly/2im4ymN
and responding to the Grenfell Tower tragedy.
Fixing our broken housing market: http://bit.              Planning position statement.
ly/2lqPlgP                                                 The Scottish Government’s statement includes
CIH response: http://bit.ly/2gIsHnj                        proposals such as consideration of land taxation
                                                           and an infrastructure levy to compliment existing
                                                           developer contributions delivered through section
Homelessness Reduction Act 2017.                           75 (part V equivalent).
The act received royal assent in April and will
place new legal duties on English local authorities.
Everyone who is homeless, or at risk of homelessness,      Common building standards.
will have access to meaningful help, irrespective of       The government has been consulting on energy
their priority need status, as long as they are eligible   efficiency and building standards in the private
for assistance.                                            rented sector with a view to aligning standards in
                                                           social and private housing. Following Grenfell, it has
CIH member briefing: http://bit.ly/2wDy8rx
                                                           also brought forward plans to consult on fire safety
                                                           standards across tenures.

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Around the UK
Wales and Northern Ireland

Wales                                                      Northern Ireland

Abolition of right to buy.
                                                           Collapsed government.
Legislation to abolish right to buy was introduced in
                                                           The Northern Ireland Executive has been dissolved
March into the Welsh Assembly, which agreed to the
                                                           since January, as a result of a poorly-designed
general principles of the bill.
                                                           renewal heat incentive scheme. Departmental
CIH member briefing: http://bit.ly/2gCgtJ7                 budgets have been cut due to special finance rules
                                                           in the absence of a government. The social housing
Committee report: http://bit.ly/2teI1sY
                                                           new build target has fallen and there are cutbacks in
                                                           housing support services. The Democratic Unionist
Housing association regulation.                            Party negotiated a £1.5 billion ‘confidence and
The assembly’s public affairs committee recently           supply’ deal to support the Conservative minority
conducted an inquiry into the regulatory oversight         government, but housing did not feature.
of housing associations. The committee made
recommendations to strengthen the voice of tenants,
increasing transparency and reporting mechanisms           Welfare changes.
and attracting different skills to boards.                 The UK government’s controversial bedroom tax
                                                           began in February in Northern Ireland, which reduces
CIH member briefing: http://bit.ly/2eZlnzS
                                                           the housing benefit of working-age social housing
Committee report: http://bit.ly/2vHkwhr                    tenants if they under-occupy their home. While most
                                                           tenants receive local payments that fully top-up the
Stepping-up the response to homelessness. A                reductions, further changes are planned that will
new approach to addressing homelessness was                worsen housing affordability and make it less viable
adopted in 2015 which aims to provide assistance           for housing associations to build new homes in
to all eligible applicants. This includes greater use of   certain areas.
private rented homes and the creation of personal
                                                           CIH report: http://bit.ly/2uNGtqa
housing plans. The changes implemented have
recently been the subject of an evaluation by the
                                                           CIH comment: http://bit.ly/2ttwzef
Welsh Government.
Government interim evaluation report: http://bit.
ly/2wDUvx6

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Skills and Training
 The Chartered Institute of Housing (CIH) is the independent voice for housing and the home of professional
standards. Our goal is simple – to provide housing professionals and their organisations with the advice, support
and knowledge they need to be brilliant. We have a number of upcoming opportunities to build on your skills
through training.

Fire safety for residential and administrative               Level 3 certificate in housing practice (level 5 on the
buildings: Short course                                      Irish framework)
Date: 18 September                                           Qualification
Location: Housing Agency, Dublin
                                                             Date: Commencing October
Cost: CIH members €140 Non-members €150
                                                             This qualification will provide you with knowledge
This one day course will focus on the responsibilities
                                                             and understanding of key areas in delivering housing
of landlords, managers and maintenance staff in
                                                             services. It will give you an understanding of the
respect of life safety systems. The course is aimed
                                                             essential aspects of social housing service delivery,
at housing managers and owners responsible for
                                                             equality and diversity and professional practice skills.
fire safety in houses and flats in Ireland. The day
                                                             It is aimed at people working in the housing sector
will include a brief outline of relevant legislation
                                                             who want to develop their skills and knowledge or
and standards. It will focus on addressing practical
                                                             specialise in an area of housing. The programme is
aspects of roles and duties.
                                                             delivered through a combination of eight training
The course will be delivered by Paul Condron,                days and independent e­learning.
consulting engineer. Paul is a specialist in life safety
systems engineering and construction legislation. He
has been involved in the writing of fire detection and       Level 4 certificate for the housing profession (level 6
alarm national standards since 2001.                         on the Irish framework)
                                                             Qualification
Estate management: Short course
                                                             Date: Commencing October
Date: 19 September
                                                             For queries on this qualification please contact Kevin
Location: Housing Agency, Dublin
                                                             Ryan at ICSH on 01 661 8334 or at kevin@icsh.ie.
Cost: CIH members €110 Non-members €120
                                                             CIH and ICSH are teaming up again to offer this
The area surrounding housing has an immense                  challenging and highly relevant qualification. It will
impact on how people feel about living there.                give you an understanding of the essential aspects
Whether it’s fly tipping, graffiti or overgrown gardens,     of housing strategy, policy, law and finance, as
rundown estates can lead to other problems such              the context for providing housing management
as difficult-to-let properties. This course covers the       services. It is aimed at managers, and staff preparing
important issues of estate and neighbourhood                 to step up to management level in the housing
management, looking at the problems in managing              sector. It will also suit learners who wish to build on
estates and solutions and new methods to try to              prior qualifications in housing or related areas. The
alleviate these problems.                                    programme is delivered through a combination of six
This course will be delivered by Michael Smith, who          training days and independent e­learning.
has worked in the social housing sector for more
than 35 years both for local authorities and housing
associations, and for the past few years as a trainer,       For queries or bookings please contact Ruth Cullen
tutor, assessor and consultant.                              at CIH on 048 9077 8222 or at ruth.cullen@cih.org.

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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
How to:
Choice-based lettings

Local authorities were required to provide a choice      1. Identify issues and decide what you want
based lettings (CBL) service for allocations under          to achieve with CBL. Clearly identify your
the Rebuilding Ireland action plan for 2016. CBL is         organisation’s aim in developing CBL as an
a different approach to allocations that is designed        important first step, with aims prioritised when
to place choice at the heart of lettings systems.           there is more than one. Develop objectives and
Applicants in traditional direct lettings systems can       targets for monitoring and evaluation. Recognise
exercise a degree of choice by refusing offers of           what is practicable for CBL to achieve alone
accommodation for normal lettings, which can create         and what it can achieve by working with other
a longer turnaround of voids. The critical shortage         services.
of housing stock means it is vital that housing
                                                         2. Get your supporting policies and procedures
organisations reduce refusal rates to minimise
                                                            right. Have an effective void management
the length of time that properties are empty, and
                                                            process, incorporating a robust and effectual
increase transparency around their stock.
                                                            repairs and maintenance service. Ensure that
Normally under CBL a vacant property is advertised          your waiting list/allocations policies are simple,
and applicants make bids to register their interest.        accurate, flexible and that they maximise choice.
At the end of the bidding process, the applicant
                                                         3. Undertake staff training and development. Give
who has the highest priority under the allocations
                                                            early consideration to skillsets and build staff
policy is allocated the property. CBL puts the onus
                                                            training into project management processes.
on applicants to seek out suitable properties – rather
than the landlord targeting potential tenants – and      4. Consult and involve the right people. Consult
in doing so encourages and rewards pro-active               continuously and extensively on CBL processes/
engagement.                                                 procedures and supporting policies to help your
                                                            service succeed. Involve external and internal
The benefits of CBL can include greater customer
                                                            stakeholders and get your partnership working
choice, more transparency, increased engagement
                                                            right.
and interaction between housing providers and
customers, better management of customers’               5. Use an ICT product that meets your aims.
expectations, tackling low demand properties/               Consider the different ICT solutions available and
areas, better acceptance rates and more sustainable         take full advantage of how CBL can use ICT.
neighbourhoods. CBL also offers the potential for        6. Develop the CBL service with clear processes
significant efficiencies – saving time and money.           and procedures. Consider the nature of your
However it is important to get CBL right to avoid           CBL service and its detailed procedures, and
adverse outcomes that go against the aims of the            maximise publicity of the service.
approach. Give careful consideration to all processes,   7. Ensure equality of access for vulnerable
from identifying the issues that you want the CBL           households. Maximise access to online CBL
service to address, right through to enhancing the          services, assist applicants to access online CBL
service post-review. Progress will be influenced by         services and maintain a direct lettings alternative
the following eight factors.                                for exceptional circumstances.
                                                         8. Evaluate and review. With effective monitoring
                                                            systems in place, regularly review the service to
                                                            ensure it remains fit for purpose and achieves
                                                            your aims.

                                                         This article is a summary of the forthcoming CIH
                                                         publication A guide to choice-based lettings.
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Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Best practice:
In-house repairs

                                                           been unfounded and we have been able to meet
                       Neil Bolton                         all reasonable demands. By using our own direct
                       Director of property services       labour, we have seen a number of positive spin offs
                       Clúid Housing                       – our tradespeople’s skills are constantly reviewed
                                                           and updated to carry out a wider range of repairs;
                                                           they act as eyes and ears for the organisation; they
                                                           develop trusting relationships with customers;
As someone who has worked for over 20 years in             and they are passionate about their work and our
social housing repairs I am clear that traditional KPIs    purpose. They are supervised by a field supervisor
and a linear focus on bottom line costs can lead to        and receive back office support from schedulers
complacency about service quality and can mask             and a stock management co-ordinator. The service
the true costs and dysfunction of the service. Repairs     is currently managed by a repairs business manager.
services often cut across many parts of a business as      We are unapologetically a direct labour organisation!
well as external contracting businesses and as such are    Our first 18 months have been strong with
prone to waste, failure and hidden costs. A different      exceptional customer satisfaction levels. Our bottom
sort of thinking is required to fully appreciate how       line costs remain higher than the private contractors
effective a service really is.                             but a significant proportion of that is down to latent
Created in 2016, ‘Clúid Works’ is our answer to the        demand and overhead costs. Learning is embedded
above dilemmas and is the culmination of a six year        within our culture and we are confident that the
journey. In 2012 we created a national contact centre      strong early performance is a strong basis for
for all customer contact. We introduced three regional     continuous improvement. We are now looking at the
‘open book’ repairs contracts delivered by private         possibility of rolling the service out nationally.
contractors in parallel. In 2014 ‘Vanguard’ supported us
in a whole system review of the service and following
that intervention, we began experimenting with a
radically different approach although based around an
open book approach. During 2015 we experimented
in a small area using direct labour and then established
a bigger team for 1100 homes across all of the south
east counties.
First, we had to design scheduling software for our
trade staff, stock management software for materials,
handheld technology and GPS tracking, all designed
around our live tracking needs. Our newly created
service was designed to meet a clear customer
purpose and we developed our own measures to
ensure that we were meeting this purpose.
We dispensed with a few recognisable ‘best practices’
– the biggest change was moving away from repair
priorities (emergency, urgent and routine) and setting
appointments that the customer asked for. This
approach has resulted in the level of ‘emergency’ type     Why not showcase your organisation’s work and
repairs plummeting and has also had a positive impact      people, and nominate for the 2018 awards? Contact
on the rate of access into properties. The fears of        CIH events producer Edel Hughes on edel.hughes@
tenants being unreasonable in their requests have          cih.org for more information.
9
Housing Ireland Chartered Institute of Housing - AUTUMN 2017
Housing heroes
Q & A with Jim Baneham

                                                            Q: Do you think poverty and homelessness will
                        Jim Baneham                         always be with us?
                        Senior executive                    A: I believe it’s possible for our society to provide
                        Housing Agency                      everyone with a decent home. I also believe that
                                                            eliminating poverty, in terms of access to decent
                                                            housing, having adequate food, education and
                                                            healthcare, can be achieved. Homelessness often
                                                            has complex causes which confound simple solution.
Q: When and why did you first get involved in the           Nevertheless, provision of a decent home is the
housing sector?                                             foundation for recovery for anyone who becomes
A: I trained as a quantity surveyor in college. In 1992     homeless.
I joined the National Building Agency which mainly
dealt with the design and construction of social
housing schemes around the country. At the time             Q: Which matters most, charity or political change?
I joined, double glazing and central heating were           A: For me, political change matters most. Political
just starting to become standard features in social         change has the capacity to deliver lasting and
houses.                                                     profound improvements in people’s lives.

Q: Has your understanding of housing changed                Q: What would you do if all the housing we needed
since then?                                                 was built and you were no longer needed?
A: Absolutely! My initial involvement was in housing        A: Work in housing management I suppose. Other
construction and the houses we build now are                than that I might go back into the construction
significantly more complex than they were in 1992.          industry to work on commercial projects.
Over the years I’ve learned that the housing market
is a complex system of interdependent factors, many
of which were damaged during the recession which            Q: If you could offer one piece of advice to people in
have led to knock-on effects for social housing. The        frontline housing roles what would it be?
housing market and industry is still re-balancing itself.   A: Housing gets a lot of negative press which can
                                                            be very disheartening for people on the front line.
                                                            Value the work you are doing and take pride in it. It’s
Q: What one policy initiative would make the most           important and it makes a real difference to people’s
difference to people in housing need?                       lives.
A: If a single initiative could make large tracts of
affordable serviced land available for housing
development in areas with housing demand, that
would make the biggest difference. State owned
lands are being made available for development
but fast paced development of private lands is also
required to meet the level of demand.

10
Situation critical
It's time for a state housebuilding programme

                                                          exacerbated the situation. Between 2011 and 2016
                                                          Ireland’s population grew by 169,724 people or 3.7
                        Colette Kelleher
                                                          per cent. In that same period the housing stock only
                        Independent senator in            grew by 0.4 per cent or 8,800 units. During these
                        Seanad Éireann and member         years, when construction costs were low the state
                        of the civil engagement group     should have built thousands of houses but it couldn’t
                                                          afford to do so in part because of the financial legacy
                                                          of the last housing crisis.
                                                          The proportion of the government's housing budget
The Swiss-French architect Le Corbusier was one of
                                                          spent on capital projects fell from 70 per cent in
the pioneers of modern architecture. In his book The
                                                          2007 to 45 per cent at present. A very large portion
Radiant City he set out a model for very high density
                                                          of the very significant current expenditure is spent
urban housing with integrated public services. He
                                                          on direct transfers to private landlords via the rental
believed this would provide residents with better
                                                          accommodation scheme and the housing assistant
living conditions and a better lifestyle – which would
                                                          payment. These vast amounts of state payments to
ultimately contribute to creating a better society.
                                                          private landlords are helping to inflate rents across
He said “on the day when contemporary society, at
                                                          the market. We need to start the critical policy shift
present so sick, has become properly aware that only
                                                          from demand side subsidies to capital expenditure
architecture and city planning can provide the exact
                                                          on bricks and mortar.
prescription for its ills, then the time will have come
for the great machine to be put in motion and begin       What is becoming ever clearer is that it’s simply not
its functions… The house that can be built for modern     profitable enough for the private market to provide
man (and city too), a magnificently disciplined           long term secure homes for people on low incomes.
machine, can bring back the liberty of the individual     At the very least the state should step in to fill that
– at present crushed out of existence - to each and       void. In some countries the state has gone even
every member of society”.                                 further. In Singapore, for example, 80 per cent of the
                                                          permanent population live in subsidised units built by
I believe we need a state housebuilding programme
                                                          the government, most of them as owner-occupiers.
to provide the liberty to all women, children and
                                                          Each year the government release a fresh batch of
men that Le Corbusier dreamt of. This programme
                                                          flats that are sold with 99 year leases. Quotas ensure
should produce at least 10,000 social houses every
                                                          that each block of flats has a diverse population.
year at an estimated cost of 1.8 billion per annum as
                                                          There are means tested grants for first time buyers
set out by the Irish Congress of Trade Unions (ICTU).
                                                          and cheap mortgages from the national savings
A constant and steady stream of state housing will
                                                          fund. As a result Singapore has virtually no one who
counterbalance what has become a chaotic boom
                                                          is homeless. This has been a politically very popular
and bust housing system.
                                                          policy for the centre-right People’s Action Party who
The current crisis isn’t an accident – it has been        have been in government since 1959.
caused by a failure in political choices and our
                                                          In some parts of our political class there is a fear of a
housing policy. Only a shift in those choices and
                                                          new large scale public housing programme. It’s true
policy will solve the housing crisis for good. That is
                                                          that some mistakes were made in the past – poorly
why a review of Rebuilding Ireland is timely but it
                                                          planned, homogenous, low income, disconnected
needs to be radical.
                                                          communities were created in parts of Dublin and
In recent times the decisions by the state have           other urban centres. In other parts however public
11
housing schemes have been very successful and             right to housing seminar in TCD. At that event there
are now much sought after settled communities like        was huge enthusiasm for a right to housing campaign
Donnycarney in Dublin and Turners Cross in Cork.          from a cross section of society from trade unions to
Public housing can be diverse, integrated, consisting     employers and from students to charities.
of a mix of housing and community facilities with
                                                          A fundamental shift to more state-owned housing will
good transport links.
                                                          not just be good for our society, it will be good for
We should be brave and seek to use compulsory             the economy too. According to the Cork Chamber of
purchase orders to buy up decaying urban districts        Commerce Review of Rebuilding Ireland (2016) the
and transform them into vibrant urban communities.        crisis in the rental sector is the number one business
Earlier this year in the Seanad I seconded the Vacant     concern of 90 per cent of Cork’s largest employers.
and Derelict Sites Bill, that would have gone some        They state that “as accommodation becomes more
way to sparking urban regeneration but it was             unaffordable, business in Ireland suffers from
defeated by the large political parties. With 200,000     increased wage demands which negatively affect
vacant houses nationwide and villages and towns           Ireland’s international competitiveness”.
dying we shouldn’t be afraid to show ambition and
                                                          The time for action is now. We need to change from
determination to revitalise our cities and towns for
                                                          demand side to supply side interventions. We need
the 21st century.
                                                          to be brave in our political choices. In Budget 2018
Moves like these have been blocked in part by a fear      the government must prioritise building homes and
of infringing on the private property rights contained    revamping derelict houses in our towns and villages.
in the 1937 Constitution. In my view it’s time to put     We must underpin these moves with a constitutional
these anachronistic ideas up for debate. The calls        right to housing. We must stop fearing public
for a right to housing are growing – in July I hosted a   housing and celebrate it for what it can achieve.

12
Housing is a right
It must be recognised in Irish law

                                                         People become homeless for a whole range of
                       Niamh Randall                     complex and overlapping reasons. Primary causes
                                                         are poverty, inequality and lack of affordable housing,
                       Head of policy and
                                                         often coupled with systems failures and individual
                       communications
                                                         circumstances. Many of the people the Simon
                       Simon Communities of Ireland
                                                         Communities work with have been disadvantaged
                                                         and isolated from a young age – the state has failed
                                                         them repeatedly.
People experiencing homelessness are often
excluded – they are overlooked, forgotten and            Leilani Farha, the UN special rapporteur on the right
neglected. They are denied basic human rights and        to adequate housing argues that “laws and policies
constitutional protections. Rough sleeping is a very     create homelessness and then penalise homeless
visible manifestation of homelessness, but is not its    people for being homeless”. If Ireland were to
only form. Homelessness can be hidden from view.         enshrine the right to housing in the constitution,
It includes people living in shelters and emergency      homelessness would be recognised as the failure
accommodation, people surfing from one couch             of state to implement this right. This changes the
to another, people living in inadequate housing or       way we as a society think about homelessness and
people at risk of homelessness because of insecure       people who are homeless – instead we would see
tenancies or the threat of eviction.                     homelessness as a consequence of the state’s failure
                                                         to fulfil the rights of its citizens.
According to most recent figures (June 2017) there
are nearly 8,000 men, women and children living          Sadly, an end to homelessness has moved out of
in emergency accommodation and the numbers               sight. Our housing sector is in crisis – all elements
continue to grow. Many people who live in hotels,        show signs of being broken. The private market
hostels and B&Bs are stuck there for months on end,      has failed. Social housing construction has halted
sometimes years. People who are homeless are often       in recent decades. Mortgage debt and rents
denied access to basic necessities such as a kitchen     have spiralled. These are having devastating
where they can cook their own meals, privacy, a quiet    consequences affecting the lives of hundreds
space to do homework in or an address to apply for       of thousands of people in this state. Increased
jobs from. They have nowhere to bring friends and        private sector supply will not affect affordability
nowhere for children to play. The stress, damage and     in short/medium term. We urgently need social
trauma done are untold. A child who is homeless          and affordable housing to meet different income
is more likely to become homeless or experience          thresholds and it is becoming increasingly clear
housing instability again as an adult.                   that the private market cannot deliver the required
                                                         housing mix.

Discrimination - a cause and a consequence of
homelessness                                             A floor of protection
Discrimination is both a cause and a consequence         Housing is a fundamental right that facilitates the
of homelessness. Those who face discrimination           enjoyment of many other rights including health,
on the grounds of ethnicity, socioeconomic status,       education, employment, privacy and family Life.
family status, mental or physical ill health or sexual   Under international human rights obligations,
orientation are more likely to become homeless and,      housing should be considered a human right not a
once homeless, experience additional discrimination.     commodity. Homelessness therefore must be a

13
clear violation of this right. Under international law,    we reaffirm that all people, including those who live
to be adequately housed means having security of           in rented accommodation, have the right to housing.
tenure – not having to worry about eviction or having      States have a duty to ensure that their evictions do
your home taken away with very little notice. It means     not render them homeless.” http://bit.ly/2vM4Vsf
having the right to live somewhere in peace and
dignity with access to appropriate services, schools,
and employment.                                            Enshrining a right to housing in the constitution
                                                           A right to housing would not mean that everyone
                                                           would instantly receive a key to his or her own home.
International experience
                                                           Instead, it would provide a ‘floor’ in respect of access
In Scotland, there is a legal right to housing. A          to basic adequate housing for all. It would oblige the
qualitative comparison of Scotland and Ireland             state to reasonably protect and fulfil that right and a
(2013), by Beth Watts of the Heriot-Watt University        legal mechanism for citizens to vindicate their right
in Edinburgh, shows this right to housing resulted         to housing before the courts. For example, where
in people moving more quickly into permanent               the gap between housing assistance payments and
accommodation. It also gave people who are                 market rents are so great that most people cannot
homeless an expectation of being housed. The report        afford to rent a home, the right to housing would
concludes that Scotland’s legal rights appear to           allow this to be constitutionally challenged.
“promote self-reliance rather more than the highly
                                                           If the right to housing were to be enshrined in our
discretionary Irish model”.
                                                           constitution then homelessness would rightly be
Across Europe, the right to housing is recognised          recognised as the failure of the state to implement
in the constitutions of Belgium, Finland, Greece, the      this right. This would change the way we as a society
Netherlands, Portugal, Spain and Sweden and in the         think about homelessness, directing attention at
legislation of Austria, France, Germany, Luxembourg,       the state’s failure to fulfil its obligations to protect
and the United Kingdom. Across the world, the right        this right. It also would provide a guide and legal
to housing is included in eighty-one constitutions.        safeguard against which all-state housing policy and
                                                           decision making can be measured and challenged.
On 5 July this year the UN Committee on Economic,
                                                           We must re-write the rules and fundamentally shift
Social and Cultural Rights found that Spain violated
                                                           our approach to housing. At the core of that shift,
the right to housing for a family with children, evicted
                                                           acting as an anchor, we must enshrine a constitutional
from rented housing, arguing “through our decision
                                                           right to housing in Bunreacht na hÉireann.

14
Housing in Europe
How does Ireland compare?

                                                        ranks seventh from bottom of Europe’s owner-
                                                        occupation table with the UK lower still (see Figure
                       John Perry
                                                        1). People in Sweden are now more likely to live in
                       Senior policy adviser            owner-occupied dwellings than those who live in
                       Chartered Institute of Housing   Ireland. However, the range of owner-occupation
                                                        levels in Europe is still very wide. The southern
                                                        European countries had the highest ownership levels
                                                        before the EU expanded from 2004, but it’s now the
                                                        new members from central and eastern Europe that
Europe has become a continent of owner-
                                                        lead the table. Whilst just 52 per cent of Germans
occupiers. That might be the conclusion in looking
                                                        and 56 per cent of Austrians live in owner–occupied
at Mark Stephens’ article on the state of housing
                                                        housing, almost everyone (96 per cent) does so in
in Europe, in this year’s UK Housing Review (www.
                                                        Romania.
ukhousingreview.org.uk). But the real picture is more
complex, revealing some interesting comparisons         Figure 1: Tenure in the EU, 2015 (below)
between Ireland and its EU neighbours.
                                                        Source: UK Housing Review 2017.
Some time ago both Ireland and the UK stood out
                                                        Note: Based on individuals, not households; data for
for their high levels of homeownership. Now, Ireland
                                                        Ireland are for 2014.

  Figure 1

15
Ireland moves up the rankings where only ‘outright’          not perform badly. Overcrowding mostly affects
owners are concerned (those who have paid off                eastern European countries, although Austria has a
their mortgages). Ten states, including the UK, have         notably high overcrowding level for one of the more
lower levels of outright ownership than Ireland.             prosperous EU states, and Greece and Italy have
Oddly, the countries with the highest levels of              poor scores on housing deprivation.
outright ownership are several of those from the
former socialist block, notably Romania, Croatia and
Lithuania (all above 80 per cent). This is to do with        The EU has a house-price index which only begins in
both the patterns of ownership under communism,              2010, and so of course it does not reflect the peak
especially in rural areas, and the post-Communist            prices that occurred before the financial crisis in
privatisation programmes in which houses and flats           2008. According to this, only in Spain did real house
were effectively given away.                                 prices fall more quickly after 2010 than in Ireland,
                                                             by almost 40 per cent. Ireland’s prices fell by one-
Obviously, the converse of high proportions of
                                                             third, although of course they have since recovered
homeownership is high proportions of renters, and
                                                             substantially. The Netherlands and the UK saw more
Ireland ranks seventh in Europe (the UK is fourth).
                                                             modest falls but slower recoveries. Some countries
The official EU statistics don’t allow an easy split of
                                                             like Germany, Austria and Sweden have seen steady
social and private renting – partly because in some
                                                             price rises. In several eastern European countries
countries (notably Germany, where private landlords
                                                             prices remain below their 2010 levels.
get subsidy to house social tenants) the categories
overlap. However a Housing Europe chart in the UK            Comparing housebuilding figures also runs into data
Housing Review gives a rough idea of how social              problems. But in terms of building rates per 1,000
and private renting is split. While Ireland now has a        population, Ireland was – as would be expected – well
relatively small social sector, in fact only six countries   above average in 2006 but then suffered a sharp
(including the UK) have a bigger one. Leading the            decline from which it has recently begun to recover.
field here are the Netherlands, Austria and Sweden.          Over the period 2006-15, the UK remained the
Denmark’s quasi-social housing associations,                 poor man of Europe: it recorded the lowest average
although not included in the rankings, are also              annual level of housebuilding among the countries
significant, housing about one in five households.           for which statistics are collected.

The roles played by the social sector vary                   Despite the message that owner-occupation is the
considerably. While in Ireland it caters mainly for          Europe’s dominant tenure, the housing scene varies
those on low incomes, in parts of northern Europe            widely between countries, especially since the growth
it has a wider role and even (as in Sweden) may              of the EU after 2004. Ireland remains distinct in many
exclude the poorest households. But in southern,             ways – a modestly sized homeownership market,
central and eastern Europe, ‘social’ housing tends           which has seen extremes of volatility perhaps only
to mean a very residualised sector for marginalised          equalled by those in Spain, and a still sizeable rental
groups, quite separate (often physically as well as          market in which social housing’s role diminished but
functionally) from the mainstream – a very basic             is now recovering. Will housing in Ireland become
‘ambulance service’.                                         more (or less?) like that in other northern European
                                                             countries over coming decades?
In terms of housing conditions, it is of course
difficult to get consistent, Europe-wide statistics,
but on two scores at least – overcrowding and what
is called ‘severe housing deprivation’ Ireland does
16
Affordable rental or cost rental
What's the difference and why does it matter?

                                                           Affordable rental*
                        Simon Brooke                       An example will give you an idea of the households
                        Head of policy                     that affordable rental is targeting.

                        Clúid Housing                      You are a couple with a child in Dublin and you find
                                                           an apartment for rent at €1,400 per month. There is
                                                           a widely used measure of affordability which says
In a nutshell affordable rental is state-supported         that if your rent costs more than about a third of your
rented housing that targets people who can’t afford        net income, it’s not affordable. So in order to be able
market rents in the private rented sector, but whose       to afford this apartment, you’ll need a joint gross
incomes are generally above the eligibility level for      income of about €57,000 per year. But the income
social housing.                                            limit for social housing for you is about €43,000. So
                                                           if you earn between €43,000 and €57,000 you won’t
Cost rental on the other hand describes a rent that
                                                           be eligible for social housing and you won’t be able
covers the landlord’s actual costs of providing the
                                                           to afford to rent. Of course in reality, loads of people
accommodation and doesn’t include profit. It is a
                                                           are paying more than a third of their net income on
new way of looking at rented housing provided by
                                                           housing and suffering as a consequence.
approved housing bodies or AHBs (also known as
housing associations and voluntary housing) and            So the solution for this group is affordable rental,
local authorities.                                         which is rented housing where they would pay no
                                                           more than a third of their net income.
Importantly, they are two entirely different concepts.
Almost everyone uses both affordable rental and            This idea is not new – it’s been under discussion for
cost rental to mean affordable rental. Even the author     several years, and was included in the government’s
of the government’s housing and homelessness               housing plan Rebuilding Ireland. But seven months
plan Rebuilding Ireland didn’t really understand the       later, the idea was dropped without explanation,
difference between the two, which only served to           and it is planned to be replaced with a very limited
reinforce the confusion.                                   alternative that has not yet been explained.
Neither are currently part of the Irish housing system     It is possible to provide affordable rental housing
and both are extremely important, but in different         with little or no state subsidy! The way you do this is
ways. Cost rental might appear to be a rather abstract     to fund the housing (which would be provided by
concept, and it may not be entirely clear why anyone       a housing association) with two loans, one running
should get excited about it. But it really is important,   after the other. It’s similar to the funding model used
and it does matter.                                        by housing associations in Ireland for social housing.
                                                           This keeps the repayments low so that the rents
Let’s look at them in turn.
                                                           people can actually afford would be enough to repay
                                                           the loans and cover the landlord’s other costs.
                                                           Clúid Housing and others have been promoting
                                                           this model for over two years, and the response
                                                           has been a deafening silence. Why? Why would the
                                                           government reject a scheme that provides affordable
                                                           rental for people who need it and costs little or
                                                           nothing to provide?

17
So on that note of mystery, let’s move on.                  So cost rental is a pretty revolutionary idea,
                                                            which would be good news for tenants, housing
                                                            associations, local authorities and the state. What’s
Cost rental                                                 not to like?
The National Economic and Social Council has been           As you can see, affordable rental and cost rental
promoting this for some time, initially in its report       have the potential to improve the housing system to
social housing at the crossroads published in 2014.         everyone’s benefit. But they operate on very different
Cost rental systems are well-established in other           scales and people frequently confuse the two, which
countries such as Denmark and Austria.                      means that there’s a serious risk that one or both will
If you’re renting in Ireland then if you’re renting         get lost in the muddle.
from a local authority or housing association you’re        The review of the government’s housing plan
most likely paying an income-based ‘differential            Rebuilding Ireland is due to be published in the
rent’, which is usually about 15 per cent of your net       autumn. There’s an opportunity to put affordable
income. If you’re renting from a private landlord, then     rental back on track and to include a specific
you’re paying a market rent, which normally covers          commitment to a cost-rental model. Let’s hope this
the costs of providing the accommodation plus the           opportunity is not lost.
landlord’s profit where rents exceed costs. In neither
case are you paying a cost rent.
There isn’t space here for a full discussion of cost
rental, but if it were introduced in Ireland there would
be many benefits:
•    cost rent decreases in real terms over the long
     term because interest rate increases are less than
     inflation
•    if the state subsidy is based on cost rent, then the
     state subsidy will also decrease in real terms
•    when a dwelling is debt free the cost rent is very
     low – affordable for many people on low incomes
     without any subsidy from the state
•    cost rents over time will exert a downward
     pressure on market rents.
This represents very good value for money for the
state. And in case you were wondering, you could
do it without ditching the differential rent system
(which would be politically near enough impossible
I’d say), essentially by expanding a version of housing     *This should not be confused with ‘affordable
assistance payment to include local authority and           housing’, which was a programme of housing built
housing association tenancies. This would in turn           by local authorities for sale to households on middle
enable local authority housing finances to be put on        incomes. This scheme was wound up in 2011.
a sustainable basis for the first time ever.

18
Private rented policy
Room for improvement

                                                          •   seeking accommodation (350)
                          John-Mark McCafferty            •   deposit retention (242), and
                          Chief executive                 •   problems with standards and repairs (207).
                          Threshold                       Legislation aimed at providing security for tenants
                                                          remains inadequate, particularly in the context
                                                          of tenancies being allowed to be terminated,
The private rented sector has grown dramatically in       sometimes in spurious circumstances. The
recent years and over one in five households across       introduction of indefinite tenancies is required, as
Ireland are in the sector today. It is no longer merely   are amendments to the law in order to protect the
a transient tenure – increasingly it is a sector where    position of tenants where properties are being sold
people spend much or even all of their lives. It is       or are being repossessed by lenders.
also the main route for many families and individuals
                                                          Rent certainty is hugely important, both for sitting
into homelessness due to tenancy terminations,
                                                          tenants and prospective tenants trying to budget
unaffordable rents for many middle to low income
                                                          for accommodation. Under the rent pressure zone
renters among other causes.
                                                          (RPZ) legislation, a new tenant can only be charged
The daft.ie rent report launched in late August,          four per cent more than a previous tenant and the
which covers the second quarter of 2017, confirms         landlord must explain in writing to a new tenant the
that pressure in the private rented sector continues      calculations behind the rent, as it relates to the RPZ
to grow. The research indicates an almost 12 per          formula. This legislation gives sitting tenants and
cent change year-on-year in the average asking rent       those searching for accommodation equal rights.
nationally. There were fewer than 3,000 properties to     However, we are aware that this is being flouted by
rent nationwide on 1 August 2017 according to the         some landlords. A lack of enforcement is affecting
report – a 20 per cent decrease on the same date the      both those searching for accommodation, as well as
previous year. The situation facing students seeking      sitting tenants.
accommodation received broad media coverage
                                                          Many tenants are desperate, and those who can
at the time given the affordability issues facing this
                                                          afford the asking rent are prepared to pay without
group.
                                                          many questions to get a roof over their heads.
Threshold is a national housing charity with regional     With such a shortage of supply, if legislation is not
advice centres in Dublin, Cork and Galway, providing      enforced, rents will only increase in the face of such
frontline advice and tenancy protection services to       desperation. This will exclude increasing numbers
people and families with housing problems. Our            of low- and middle-income earners. A Residential
vision is an Ireland where everyone has access            Tenancies Board-managed, publicly available and
to affordable, secure, suitable and good quality          searchable rent register should be mandatory in
housing. Tenancy termination is the biggest issue for     order to strengthen the RPZ legislation. The register
renters currently contacting us. The most common          would record every change of rent, holding landlords
issues facing new clients to Threshold nationally         to account and providing tenants with the details
between May and June of 2017 were, in descending          a more transparent system with which to make an
order:                                                    informed choice.
•    tenancy terminations (926 cases)                     Equally, the introduction of a deposit protection
•    rent reviews (479)                                   scheme is provided for in Residential Tenancies

19
(Amendment) Act 2015 and needs to be                           incentives. This would form part of a ‘national car
commenced. The loss of a deposit can be a cause                test (NCT)’ for private rented housing, integrating
of homelessness where a tenant does not have the               existing commitments such as a registered
resources to provide a deposit for a new lease. The            tenancy and tax compliance
provisions of the scheme should stipulate that one
                                                           •   Introducing regulation to protect licensees (e.g.
month’s deposit is sufficient. This follows reports that
                                                               lodgers in a ‘rent a room’ arrangement).
a large private landlord recently sought two months’
deposit, along with the first month’s rent from new        The success of private rented sector commitments
tenants.                                                   by government in Rebuilding Ireland hinge upon
                                                           tangible progress across the above measures. And
Thirdly, small scale landlords, who make up 91
                                                           the private rented sector is one of three pillars
per cent of the market, need to be kept in the
                                                           of a complex and inter-related housing system.
market. Tax reforms to sustain small scale landlords
                                                           Whatever might constitute ‘success’ in this sector
should be introduced, contingent on the provision
                                                           is as much contingent upon social housing build
of permanent, quality and affordable rental
                                                           and the delivery of wider housing, planning and
accommodation.
                                                           transport objectives as much as it is about reforms
Other measures which will ensure that the above            and improvements in private rental housing. This
policies will work most effectively include:               inter-dependence is recognised in Rebuilding
                                                           Ireland. Timely delivery of these policies will mean
•    Ensuring local authorities have appropriate
                                                           the difference between families holding on to their
     resources to carry out inspections of private
                                                           rented homes and families enduring the trauma
     rented accommodation and to pursue
                                                           of homelessness with all the human, social and
     enforcement proceedings
                                                           economic costs that come with any deepening or
•    Providing an appropriate and secure funding           prolonging of the current crisis.
     framework for the delivery and promotion of
     housing advice and advocacy supports, to ensure
     greater awareness about tenants’ rights and
     landlords’ obligations
•    Increasing housing assistance payment (HAP)
     and rent supplement limits to reflect market
     rents, and ensuring the HAP scheme can provide
     discretionary uplifts for tenants
•    Developing a cost rental system of social and
     affordable rental accommodation
•    Establishing clear, up to date legal definitions
     of both overcrowding and what constitutes a
     ‘landlord’ in a repossession situation
•    Ensuring that an increasing proportion of private
     rented stock meets a minimum acceptable
     standard of energy efficiency, through a
     combination of legislative obligations and

20
Housing, HAPs and hubs
The crisis of family homelessness

                                                             private sector tenants, and introducing mechanisms
                         Dr Mary P. Murphy                   such as the proposal for a national housing co-
                                                             operative. This is in the context of the likely increase
                         Maynooth University
                                                             in repossessions of buy-to-lets and owner occupied
                                                             homes.
                                                             We find a core tension in trying to address the social
                                                             housing crisis by over-relying on the private market
                         Dr Rory Hearne
                                                             to deliver investment in housing, while disinvesting in
                         Maynooth University                 social housing build. The net effect works against the
                                                             housing rights of the most vulnerable in Ireland.

Investing in the right to a home is a piece of research      Early signals are that the review of Rebuilding Ireland
conducted in the context of a larger European Union          will reflect the core conclusion of our research –
H2020 funded research project Re-InVest (www.re-             the primary method to resolve the social housing
invest.eu) . It focuses on the structural crisis of family   and homelessness problem has to be state-led
homelessness in Ireland, which is a direct outcome           provision of social housing by local authorities. We
of the long-term disinvestment in social housing and         need nothing less than an emergency state building
the privatisation, marketisation and financialisation of     programme. If the Irish state could build 9,000 social
social and private housing. We examined three key            houses in 1975, they can do so in 2018.
themes:                                                      However this requires considering an alternative
•    Rebuilding Ireland’s over-reliance on the private       policy approach. Tempering the power of the private
     rented sector to resolve the social housing deficit     housing market requires ideological and practical
     and homelessness crisis                                 mind-shifts underpinned by a legislative approach to
                                                             housing rights.
•    the effectiveness of the private rental subsidy –
     the housing assistance payment (HAP), and               Housing rights have been diminished over time as
                                                             policy shifted from traditional social housebuilding
•    the emergence of family hubs (hubs) as
                                                             programmes to the greater use of rental subsidies.
     emergency accommodation for families who are
                                                             From a cost perspective, direct build social housing
     homeless.
                                                             presents a far greater return on state investment.
Arguing that homelessness will escalate, we
                                                             Rebuilding Ireland has had a serious fault-line in its
highlighted five strategies – prevention, building
                                                             use of HAP as the primary way to meet social housing
homes, enhancing HAP, mitigating the potential
                                                             need. Until the Residential Tenancies Act is amended
negative impacts of hubs, and addressing power
                                                             to offer effective security of tenure, we argue HAP
imbalances through a rights-based approach.
                                                             cannot ensure the right to housing. It not only fails
Prevention and early intervention are cost-effective         to provide the security of tenure associated with the
policies for confronting homelessness. Reintegration         right to housing – it means vulnerable families who
costs increase sharply after somebody has become             are homeless are set up to fail. These families have to
homeless, and cost benefit analyses show significant         cope with the impact of both aggressive competition
returns on investment in preventative measures.              and discrimination in the context of a very tight
                                                             private rental market.
There are many innovative ways to prevent
homelessness. These include improving security for           The reality of life in emergency homeless

21
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