Antisocial behaviour in public housing

There are many ways to report antisocial behaviour. You can:

• contact your local DCJ Housing office
• phone the Housing Contact Centre on 1800 422 322, 24 hours a day, seven days a week

When reporting antisocial behaviour, it is important to include all relevant information. This may include specific times and dates of the antisocial behaviour incident(s), whether NSW Police were contacted and the individuals involved. The Serious Incident Diary and Witness Incident forms are available from our website. Advice on how to complete these forms can be provided by your local DCJ Housing office or the Housing Contact Centre.

If DCJ receives a complaint relating to a breach of tenancy agreement for antisocial behaviour, DCJ will investigate the matter.

DCJ may contact the complainant to gather evidence of the claims being made and may speak with other witnesses and agencies, including NSW Police.

DCJ will contact the subject of the complaint by writing to them and inviting them to attend a scheduled interview to discuss the allegations.

The tenant accused of the antisocial behaviour will be provided the opportunity to reply to the allegations made against them and DCJ will determine, based on the investigation and evidence provided, whether or not the complaint is substantiated.

DCJ will then respond to both the complainant and the accused tenant notifying them of the action DCJ has taken. This may include issuing a Warning Notice, issuing a Strike Notice or taking action through the NSW Civil and Administrative Tribunal (NCAT) to seek termination of the Tenancy Agreement.

If DCJ determines that the alleged antisocial behaviour is a neighbourhood dispute, we may recommend a referral to a Community Justice Centre. Where appropriate, DCJ will refer tenants to a relevant support service to help them modify their behaviour.

If three Strike Notices are issued within a 12 month period, DCJ may take action at the NCAT to end the tenancy. If the type of Antisocial Behaviour is considered Severe Illegal Behaviour or Serious Antisocial Behaviour, DCJ may take action at the NCAT to end the tenancy.

If a complaint is received about your tenancy DCJ will send a letter inviting you to attend a scheduled interview.

When you get the letter, you should:

• cease any antisocial behaviour immediately.
• contact DCJ immediately
• follow the directions set out in the letter you have received
• attend the scheduled interview
• provide evidence to DCJ

You can also find details of support services at your local office or online at Infoxchange Service Seeker. Accessing support may assist you to meet your tenancy obligations and reduce the risk to your tenancy. For independent and free advice you can contact:

Tenants Advice and Advocacy Service
Enter your postcode to locate your closest office here https://www.tenants.org.au/all/taas

Aboriginal Tenants Advice and Advocacy Services
(local numbers provided)

Tenants’ Union of NSW
1800 251 101
(Monday 10am to 1pm and 2pm to 5pm)

NSW Fair Trading
133 220

Law Access NSW
1300 888 529

Appealing a Strike Notice for antisocial behaviour

If you believe the decision to issue a first Strike or second Strike Notice is wrong you should first discuss your concerns with your local office. If you still believe the decision made was wrong, you can ask to have the decision reviewed.

A request to review this decision must be made within 21 calendar days of the decision to issue a first or second Strike Notice. If you do not lodge an appeal within that period, no other appeal to DCJ or the Housing Appeals Committee will be available.

To do this fill in the review of decisions (first tier appeal) application form. Read more information about appealing and reviewing decisions.

Antisocial behaviour includes:

• harassment
• criminal and illegal activities
• behaviour that places the safety of others at risk
• inappropriate behaviour by tenants, other household occupants and visitors that cause deliberate or reckless damage to a DCJ property.

Categories of antisocial behaviour

DCJ has defined antisocial behaviour into three categories which are treated differently for the purposes of regulation.

1. Severe Illegal Behaviour is behaviour which poses a risk to the safety or security of residents or property and may result in criminal charges and/or conviction; or significant damage to a DCJ property.
2. Serious Antisocial Behaviour involves activities that severely disturb neighbours; place the safety or security of a tenant, other household members, neighbours or DCJ staff at risk; or cause damage to a DCJ property.
3. Minor and Moderate Antisocial Behaviour involves activities which disturb the peace, comfort or privacy of other tenants or neighbours.

We want to provide a better social housing experience for our tenants and for the surrounding communities. This includes living somewhere that is safe.

While the majority of social housing tenants are good neighbours and law-abiding people, there are a small number of tenants whose antisocial and illegal behaviour puts the safety and security of their neighbours at risk.

We have introduced laws to crack down on criminal and antisocial behaviour in social housing properties across NSW, to better protect tenants and the wider community.

To support these laws, policies and processes have been developed which ensure the system is fair for all.

Tenants found responsible for Minor and Moderate Antisocial Behaviour will be issued with a Warning Notice, following their first instance of antisocial behaviour.

DCJ can then issue Strike Notices to tenants engaging in antisocial behaviour such as playing loud music or hosting wild parties. Tenants who receive three Strikes for antisocial behaviour within 12 months may face eviction.

If a tenant engages in Severe Illegal Behaviour – such as serious drug crimes or storing an unlicensed firearm -  DCJ can apply directly to the NCAT which will have less discretion to stop the tenant being evicted.

Tenants, neighbours and the community can have a voice in the NCAT with the introduction of Neighbourhood Impact Statements. Neighbours will have the opportunity to contribute to a Statement which will help the NCAT understand how a tenant’s antisocial behaviour has affected them and the broader community.

Most new tenants will be put onto a 12 month probationary lease when they come into public housing. Probationary leases set expectations of tenants from the start of their tenancy to pay rent, show respect for neighbours and meet the other conditions of their lease.

For more information please go to www.facs.nsw.gov.au or call the Housing Contact Centre on 1800 422 322.