Changing a tenancy - Recognition as a tenant - Aboriginal Housing Office properties

Recognition as a tenant – Specific requirements for Aboriginal and/or Torres Strait Island people or clients residing in an Aboriginal Housing Office property.

1. Spouse or de facto partner

The client is the spouse or de facto partner of the tenant, who currently lives in the property, and they meet the eligibility criteria for social housing. However, they are not required to meet the income and asset eligibility criteria.

Where there are other household members residing with the spouse or de facto partner who is 55 years of age or older, the household is not required to meet income and asset eligibility for the purpose of assessment for Recognition as a tenant, however the household income and assets are considered for the purpose of assessment for subsidised rent.

For more information about the evidence requirements for a de facto partner, go to the Evidence Requirements for a De Facto Partner.

2. Other household members

The client is a member of the household, other than the spouse or de facto partner of the tenant, who currently lives in the property and is eligible for social housing.

3. Aboriginal and/or Torres Strait Islander clients who are not current household members

There are circumstances where Homes NSW will consider granting Recognition as a tenant to an Aboriginal and/or Torres Strait Islander client who is not a current member of the household.

• Former Aboriginal Welfare Board dwellings:

  • Where a tenant has been living in a property that was historically an Aboriginal Welfare Board dwelling, Homes NSW may approve Recognition as a tenant to the client as a descendant of the original occupants even if they have not been living in the dwelling. The client must meet all other eligibility requirements for Recognition as a tenant.

• Homes NSW tenancies:

  • Homes NSW may approve Recognition as a tenant where the applicant is an Aboriginal and/or Torres Strait Islander client who was not a member of the tenant's household at the end of their tenancy. Homes NSW will consider this where the applicant is the tenant's child or the tenant was active in their upbringing, they have grown up in the property and have a long-term association with the property and the area. The client must meet all other eligibility requirements for Recognition as a tenant.

• Aboriginal Housing Office tenancies

  • Homes NSW may approve Recognition as a tenant to an applicant where they are an Aboriginal and/or Torres Strait Islander client who was not a member of the tenant's household at the end of their tenancy. Homes NSW will consider this where they are the tenant's child or the tenant was active in their upbringing, they have grown up in the property and they have a long-term association with the property and area. The applicant must meet all other Aboriginal Housing Office eligibility requirements and all other eligibility requirements for Recognition as a tenant.

For more information see the Changing a Tenancy policy.

4. Recognition as a tenant to a non-Aboriginal client residing in an Aboriginal Housing Office property

The final decision as to whether a non-Aboriginal client should be granted Recognition as a tenant to an Aboriginal Housing Office property rests with the Aboriginal Housing Office.

When receiving an application for Recognition as a tenant from a non-Aboriginal client living in an Aboriginal Housing Office property, Homes NSW will apply the processes set out in the Recognition as a tenant – Aboriginal and/or Torres Strait Islander clients section above.

Homes NSW will usually recommend to the Aboriginal Housing Office that an application from a non-Aboriginal client be declined, unless they have clearly demonstrated they meet:

• the Common eligibility criteria for Recognition as a tenant, and
• the specific criteria under Specific criteria for Recognition as a tenant, or
• the specific criteria under Recognition as a Tenant - Options for Other Household Members - including a spouse or defacto partner under 55 years of age.

The recommendation will include identifying whether Aboriginal and/or Torres Strait children are part of the household.

Homes NSW will not agree to a request from the Aboriginal Housing Office, to provide a tenancy in a public housing (non-Aboriginal Housing Office) property, for a client who has been approved for Recognition as a tenant by the Aboriginal Housing Office.