For prisoners who reside in public housing, Office of Housing policy allows that a tenant may be absent from the property for up to 6 months due to imprisonment. The six months applies from the date the tenant left the property, regardless of when OOH was notified. Extensions to the six month period can only be granted in exceptional circumstances which are set out in the Temporary Absence Policy.
Tenants must inform their local Housing Office if they or another member of their household will be absent for six weeks or more by completing the Temporary Absence Form. Prison housing workers generally assist with these applications.
If a person is in prison, they are considered to have ‘special circumstances’ and are therefore eligible to pay a reduced rent of $15 per week during the permitted six month period of absence. Approval must be given by the Housing Services Manager (HSM) for tenants to pay reduced rent. Corrections Victoria and the Office of Housing now have an arrangement whereby Corrections Victoria will pay the reduced rent of $15 per week for the duration of the temporary absence where the tenant is otherwise unable to make the payments. A housing worker will generally assist with the application for Corrections Victoria brokerage.
Sole tenants absent from their rental property due to special circumstances who voluntarily relinquish their tenancy within six months of being absent, or prior to the expiration of a Notice to Vacate, are eligible to apply for early housing allocation within two years from the date they voluntarily relinquish tenancy as outlined in the Allocations Manual.
Where a sole tenant or entire household is absent from their property for more than six months, the Department may take action to regain possession of the property, generally by serving the tenant with a 120 day no reason notice to vacate.
Generally speaking, Salvation Army Housing Pathways will assist prisoners to put in an application for Temporary Absence. We will assist where the prisoner requires an extension to their temporary absence (on the basis of their exceptional circumstances) or if a notice to vacate has been issued.
Extension of temporary absence
An OOH Housing Manager can approve an extension beyond the six month absence period in extenuating circumstances and having considered the potential negative impact of non-approval on the household and the reasons for the extension.
The OOH policy states that they are unlikely to approve requests for an extension beyond the six month period, but that there may be extenuating circumstances where an extension beyond the six months may be considered (for example, if a person is exiting prison 4 weeks after the six month period expires).
The policy further states that a decision not to extend approval beyond six months must be logical and reasonable. For example, if it is confirmed that the tenant will be released prior to the expiration of a Notice to Vacate, it would not be logical to issue the Notice in the first place.
There are a number of factors that must be considered by OOH, including whether non- approval of an extension:
would likely cause severe hardship to the tenant
may negatively impact on the person and their family’s home including continuous and sufficient links with the community
may negatively impact on the family unit
may negatively impact on any children residing in the premises
may negatively impact on the person and their family’s ability to practice their culture, religion or language
may negatively impact on the person and their family’s health (including mental health).
Depending on the prisoner’s release date, it may be appropriate to seek an extension of the temporary absence policy, particularly if it seems likely the prisoner may be released 1-4 months after the expiry of the initial 6 month temporary absence. This may depend on parole dates, which can be difficult to gauge. You will need to get full instructions from the client about their earliest release date, whether they have been assessed for parole and whether they have a confirmed release date.
In negotiating for an extension of the temporary absence period, you should refer to the OOH policies, as well as to the obligations of the DOH as a public authority under s 38 of the Charter of Human Rights and Responsibilities Act 2006 (Vic). Homeless Law has a template letter that you can use in these negotiations (See below link).
Template letter to the OOH (18.8 KB)This letter can be used to request an extension of temporary absence.
Clients who vacate under Temporary Absence policy
In addition to the Temporary Absence policy, there is a Clients who vacated under Temporary Absence policy that provides that a person who voluntarily relinquishes a Department tenancy within the six month period is eligible to apply for an early housing transfer provided that they reapply within two years of the date they relinquished their tenancy.
If a tenant has been issued with a Notice to Vacate because they will be absent for more than six months, they can be considered for an early housing transfer if they voluntarily relinquish their tenancy before the expiry of the Notice to Vacate, and have previously been given approval to be absent.
This can be a complicating factor for clients when considering their options, as this requires making a decision regarding what course to take prior to the expiration of the notice to vacate. If a client is likely to be in prison well beyond the six month temporary absence period expires, it is probable that voluntary relinquishment of their property will be their best option for securing public housing upon release from prison.