PolicyPets in Housing Tasmania HomesSDMS ID Number P2012/0178-008SDMS Title Pets in Housing Tasmania Homes – Policy – P2012/0178-008Effective From 1 October 2013Applies to All Housing Tasmania employeesCustodian Manager Housing StrategySummary This policy outlines how Housing Tasmania conducts home visit

and what functions can be completed at a home visit.Replaces Doc. No. 20120901Author Area Housing Strategy – Social and Affordable Housing Policy UnitContact Manager, Housing StrategyReview Date July 2019

Policy Intent The purpose of this policy is to provide a decision making framework for public housing tenants to keep pets.

Application Housing Tasmania understands the importance to people of the companionship of pets, but retains the right as the landlord, to determine whether a tenant can keep pets under their lease.Some conditions must be met before permission can be given. This is because not all properties are suitable for pets and not all tenants are able to keep the pets they would like to.Housing Tasmania may revoke permission at any time or refuse permission in the future based on past events if there are reasonable grounds to do so.

The intent of this policy is to ensure clients: receive a service that is client focussed are responded to in a timely way receive services that are integrated and responsive to

their needs; are serviced by a skilled and supported workforce have their rights respected

The Public Housing Lease

The lease states that tenants must not keep animals at their property unless prior permission has been given. Clause 3.16 states:a) You must not keep any animal or bird at the premises.b) If we give you permission to keep an animal or bird, it must

not cause, or be likely to cause, a nuisance or be a danger to other people. You must comply with Local Council regulations for the keeping and licensing of animals and birds.

c) You are responsible for any damage caused to people or property by your animal or bird.

d) You acknowledge that we may revoke our permission for you to keep an animal or bird if we have reasonable grounds for doing so.Tenants that have permission to keep a pet will have a specific lease attachment that outlines the requirements for keeping pets.

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Declined Permission

Permission to keep a pet/s will generally not be given if: The unit/house does not have fenced and secure rear yard

of a suitable size suitable for the type or size of the animal; The type or height of fencing is unsuitable for the type or

size of the animal; The individual animal is considered to be dangerous by the

local council; The breed of the animal is listed as dangerous by the local

council or Housing Tasmania believe the animal to be dangerous;

The unit/house has body corporate rules that limit or prohibit the keeping of animals (the strata title by-laws);

Legitimate access to the property is impeded by the animal e.g. meter box access etc;

The keeping of the animals requires a kennel license. This varies across Councils but would normally apply to two (2) or more animals;

The animal is used for business, racing or breeding purposes of a commercial nature. Running a business from a public housing property is a breach of the Housing Tasmania lease;

The animal is not a pet which is usually kept in a domestic setting such as a horse or goat; however, in very limited circumstances this may be approved i.e. a large property in a rural area.

The client has a history of poor treatment of animals such as RSPCA involvement or abandonment of animals; and/or

The client’s animal is not neutered and there are or have been problems with unwanted strays near the premises, and the client is not willing to neuter the animal.

If the animals are not owned by the tenant or a household member, permission may be granted for a short term stay as long as the tenant meets the conditions set out in Section 3.16 of their lease. If care of an animal is to be longer term (e.g. more than one month), the tenant will need to obtain permission from Housing Tasmania, even if the care is temporary.

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Pets in Unit Complexes

Permission will only be given for a maximum of one animal per unit provided the animal is suitable for the unit. Dogs are not permitted in unit complexes where there is no fenced outside area. A fenced communal area within a unit complex is not considered a suitable yard. A fence will not be provided for this purpose. The breed of dog must also be appropriate to the size of the fenced yard.

Council Registration

Where local councils require the animal to be registered, the tenant must provide a copy of that registration to Housing Tasmania.

Council Determinations

Where a public housing tenant has been served with a notice, by Council under the Dog Control Act 2000 declaring their dog/s to be a dangerous dog/s, Housing Tasmania will generally not consent to the significant modifications required to facilitate the keeping of such dogs.Where permission is granted, the tenant is required to house the dog/s as the Council has specified.  All costs to do so will be incurred by the tenant. It is the responsibility of the tenant to seek any and all necessary approvals to enable the erection of such an enclosure or installation of a restraining lead within prescribed timeframes.Housing Tasmania will provide consent for the construction of enclosures or installation of a restraining lead only in exceptional circumstances. In all cases, written permission from Housing Tasmania must be sought before any works commence.

When permission will be refused

Housing Tasmania will not refuse permission where the animal assists the tenant or a household member with a disability e.g. a guide dog. This would be in breach of the Anti-Discrimination Act 1998 ( Part 4 16 [k]).

When permission may be revoked

Permission may be revoked if the: Tenant has not complied with the conditions under the lease The animals are causing damage to the property The animals become a nuisance or danger to neighbours,

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visitors or the general community Animals is not cared for in a satisfactory manner (this

includes the appropriate disposal of wastes) and in accordance with the Animal Welfare Act 1993

Housing Tasmania requires the animal to be neutered because of problems with unwanted strays near the premises, and evidence is not supplied showing that the animal has been neutered as required

The animal is not registered in accordance with council requirements

The relevant council has indicated that a tenant has a dangerous dog and that it must be removed, and/or

The relevant council has instructed that a specific enclosure be constructed to ensure the dog/s is secure under the Dogs Control Act 2000. Housing Tasmania may prohibit the enclosure to be constructed on public housing property.

It is important to record information leading to permission being revoked. For example, file notes of complaints from neighbours.

Damage to the property

Where approval to keep an animal has been granted the tenant takes full responsibility for any damage that an animal may cause to the property.Tenants may be required to repair any damage to property during a tenancy if it is found that an animal has damaged any part of the property and/or yard. These issues will be discussed at the time a property is inspected and timeframes for repair of damage negotiated.Alternatively, upon vacation the tenant must either return the property to its original condition or Housing Tasmania will undertake the work and charge the tenant. When this is likely to occur, the tenant is to be advised that this is a more costly option for them. This discussion or correspondence must be noted on the tenant’s file.

Housing Connect Referral

If a tenant is having trouble meeting the conditions of their lease for any reason including keeping pets that may contribute to damaging property, a referral to Housing Connect may be required.If a referral has already occurred, support needs may need to be reassessed to determine if the tenants needs have changed.

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Housing Connect provides information about available support options based on clients assessed need. Referrals will be made with consent and followed up to make sure clients receive the support they need.

Entry to a property with the RSPCA

Under the Animal Welfare Act 1993, a RSPCA Inspector may, with a warrant, enter, search and inspect residential premises with reasonable belief that there is on the premises an animal which offence under the Act has been, or is being, committed.Inspectors may seize anything as evidence that has been searched, inspected or found on the premises. This can only occur if the RSPCA Inspector reasonably believes the items are being or have been used in committing an offence or that an offence is being or has been committed.On presentation of a warrant, Housing Tasmania officers will provide entry to an RSPCA Inspector when requested and when able without damaging the property. When in the presence of and when accompanying an RSPCA Inspector, Housing Tasmania has the same entry powers under the Animal Welfare Act 1993 as the RSPCA Inspector. However, the RSPCA Inspector must give their consent for another person to accompany them to investigate matters and must be present to ensure the powers remain. If the inspector has not yet arrived at the property, or has left the property prior to Housing Tasmania officers leaving, then any such powers do not exist.

Housing Tasmania’s right of entry powers under the Residential Tenancy Act 1997 remain at all times.In extreme circumstances, an RSPCA officer may need to enter a tenanted or vacant public housing property without a Housing Tasmania officer present. RSPCA officers are authorised under the Animal Welfare Act 1993 to use force as is reasonable necessary (including breaking/ manipulating windows, lock and doors for example) to enter a property in such circumstances. Where damage may occur, the RSPCA officer will advise Housing Tasmania of the potential damage. Damage to property and tenant’s belongings will be avoided where possible.Housing Tasmania has right of entry powers under the Residential Tenancy Act 1997.

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Discretion Area Managers have discretion to approve or rescind approval at any time outside of this framework, not including legislative requirements. The reasons for discretion must be documented and placed on the tenant’s file.

Legal Framework This Policy adheres to the Residential Tenancy Act 1997 where relevant.

Exemptions n/a

Responsibilities/ Delegations

All Housing Operations staff are responsible for ensuring the appropriate application of the policy. Area Managers are responsible for policy application.

Disclaimer This is a statewide policy and must not be re-interpreted so that subordinate policies exist. Should discrete operational differences exist, these should be expressed in the form of an operating procedure or protocol that must be approved at the same level as this policy.

Audit and Compliance

Failure to comply with this policy, without providing a good reason for doing so, may lead to disciplinary action.Compliance with this policy is monitored by the Manager Housing Services, through the delegated Area Managers.

Procedures and Forms

Pets in Public Housing ProceduresFact Sheet for Staff – Pets in Public Housing PropertiesPets Permission Request FormPets Permission Letter

Related Policies Offers and DeclinesSocial Housing Relocation and Housing Tasmania Transfers

Glossary n/a

Policy Title and Version Pets in Public Housing Properties Effective Date 1October 2013Review Date July 2019Document Number P2012/0178-008Replaces Document n/a

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NumberCustodian Housing Tasmania, Social and Affordable Housing PolicyApproved by Manager Housing Strategy

This Policy may be varied, withdrawn or replaced at any time. Compliance with this directive is mandatory for the Department of Health and Human Services. Please Destroy Printed Copies. The electronic version of this Policy is the approved and current version and is located on the Agency’s intranet. Any printed version is uncontrolled and therefore not current.

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