Social and Affordable Housing Legislative changes



The Residential Tenancies, Housing and Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022 was passed this week, which amends provisions related to social and affordable housing in the Residential Tenancies Act 1997 and the Housing Act 1983.

These changes include:

  • Formalising the transition in title of the government body responsible for social and affordable housing from “Director of Housing” to “Homes Victoria”. This name change will take effect from today and the legislation has been drafted to ensure that any Act, contract or document which uses the term ‘Director of Housing’ will continue to have effect or be valid.
  • The Act also outlining the functions of Homes Vic in legislation and creates an Advisory Board to provide strategic advice to the Minister and the CEO of Homes Vic.
  • Creating a definition and framework for new Victorian Affordable Housing Programs which allows non-market housing programs to be established as distinct from social housing via an order published in the Government Gazette.
  • Restoring the ability of National Rental Affordability Scheme (NRAS) providers to assess eligibility criteria, request key income documentation and serve notices to vacate on NRAS renters who are ineligible for NRAS housing.
  • Broadening the definition of common areas on public housing estates and allowing Homes Victoria to provide “community impact statements” to VCAT with certain applications for possession orders.

The Act also amends the Social Services Regulation Act 2021 and Supported Residential Services (Private Proprietors) Act 2010 to delay commencement of the new social services regulatory scheme to 1 July 2024

Homes Vic will be providing more information on each part of the Act on their website in the coming days and further details including a copy of the Act and explanatory memorandum are available here.