Tuesday, January 26, 2010

Council needs Stronger Powers Against Problem Tenants – O’Brien

Speaking on the Annual Housing Report last night in Cork City Council, Sinn Féin Councillor Jonathan O’Brien called for changes to legislation governing anti-social behaviour orders to make it easier for the council to evict problem tenants.

“In the past twelve months, Cork City council called 239 tenants for interview about anti-social behaviour, and issued 23 verbal and written warnings. However there were only 4 notices to quit and not a single eviction. This was due to the absence of court orders.”

“The lives of many people in this city are being made hell by a small number of individuals who persistently engage in serious anti-social behaviour. However, the reality is that under the present system it is almost impossible to evict problem tenants. This is because the very neighbours whom they are terrorising can be required to testify in court.”

“There is currently a national review of the legislation under way, which is to be welcomed. If we are serious about tackling anti-social behaviour, it must be made easier for the council to secure an eviction order against persistently disruptive tenants. I believe the testimony of a senior housing officer, backed up by written and verbal evidence such as records of Garda call-outs, should be sufficient evidence to secure an eviction order.”

For further information contact Cllr Jonathan O’Brien @ 086-0662877

2 comments:

  1. Good statements Jonathon. However I dont agree with the last point about the testimoney of a senior housing officer backed up by written and verbal evidence such as records of Garda call outs being sufficient evidence to secure a conviction order. We all know how Gardaí abused their power and how the testimoney of a Garda Superintendant was enough to convict Republicans in the Special Criminal Court. Now the suggestion is the word of a housing officer who operates a semi-secret housing dept would be used.I think not.In the absence of an independent Police ombudsman in this state I think SF should not even consider such a policy. I would favour a legal process backed by State legislation. What I would suggest is a Tenants Investigative Commission of 3 Judges,one chosen by the Local Councils, One by Voluntary Housing Organisations and the 3rd by Central Government, with a permanent staff to enquire into cases of anti-social behaviour of neighbours across the state. They would have the power to interview witnesses in private , examine statements, cross examine housing officials and Gardaí etc.,visit homes and housing estates and make recommendations including eviction orders.(If there was enough work (and it appears that only 23 written or verbal warnings were given by the city council last year) the system could be established on a provincial basis or in the areas where they are needed most, maybe more in Dublin etc but 3 judges would inquire into each case.)Cases would be referred to this commission at the stage where the council now issue Warnings. There would also have to be a right to appeal. From the time a case is referred to this commission by the Housing Dept of local authorities final results including appeals to be announced within 6 weeks of referral so people would receive justice speedily.

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  2. I would also be uneasy with the idea that the word of a senior housing officer would be enough. I'm not sure if the alternative suggestion isn't too unweildy also but some form of trusted and independant investigation would be necessary but, that could all be sorted out around a table with residents groups, councillors and the city/county management and gardai.....if the political wilol was there ...which at present it isn't. More working class areas are ignored in a timelong fashion in Cork.

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