Housing Tasmania may appeal to the High Court to fight for a right to legally evict its tenants at the end of a rental lease without reason.
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In budget hearings on Wednesday Housing Minister Roger Jaensch would not rule out the possibility of an appeal to the High Court, following the Supreme Court Full Court judgement this week which held that Housing Tasmana could not evict residents at end of lease because natural justice principles should be considered.
The case deals with a 55-year-old intellectually disabled man who was suddenly evicted from his Housing Tasmania home after 14 lease renewals, with no reasons supplied, and no right of review.
In hearings Franklin Greens MP Rosalie Woodruff pressed Mr Jaensch to confirm whether there would be an appeal or not, but he failed to provide a definitive answer, "Housing Tasmania will consider the implications" of the case, he said.
"You are evicting people into homelessness, not giving them a chance to review a decision, not giving them reasons for a decision, ending their lease at a time when there is a desperate housing shortage. Are you actually considering ... an appeal to the High Court?" Ms Woodruff asked.
"I will be taking advice from Housing Tasmania," Mr Jaensch replied.
Some 20 Housing Tasmania tenants have been evicted without reasons given, with Mr Jaensch confirming that "at least 10" such evictions have taken place while the court proceedings were pending.
The amount of money spent by the state government in mounting Housing Tasmania's failed appeals to the Supreme Court was taken on notice by Mr Jaensch, to be supplied at a later date.
Affordable Housing Action Plan: 900 new homes by June 2019
In the hearing Mr Jaensch was also repeatedly questioned about the state government's backflip on its commitment to supply 900 new homes by end of June 2019 to address Tasmania's housing shortage.
Mr Jaensch did not concede that he had failed to meet the promised housing targets, but it became apparent that the supply of "900 new homes" will not happen.
Further, that the "900 new homes" figure in stage one of its Affordable Housing Action Plan should not be read as 900 actual dwellings built by state government, and instead should be read to include blocks of land for others to purchase, that will contribute to Tasmania's housing supply when others build upon them.
"A home is not a block of land, it is not a patch of dirt," said Labor leader Rebecca White.
"If that delivers a home for a family, then we will count it," was Mr Jaensch's reply.
He added at one stage that "the difficulty is that, in political discussions, the concept and language gets dumbed down".
But failed to admit that the "new homes" commitment had changed.
"One of the great constraints to addressing demand for housing in Tasmania... is access to suitably zoned land. You cannot address the housing shortage without providing acces to suitably zoned land in approriate areas," he said.
Following discussion on this topic, Mr Jaensch went on to say that, when the state is selling these blocks of land "we go to considerable lengths to make sure it is affordable".
This includes land lots at Summerhill for $150,000, and West Moonah for $125,000.
When questioned by Labor whether the $125,000 would be affordable to the average, low income Tasmanian, Mr Jaensch would not enter into the discussion, and instead a department officer said that affordability related to the entire house and land costs.
"What I can say is that under the Home Share scheme, purchases under that scheme can go up to $400,000, for costs of construction with lots of land," the officer said.
"I would suggest that those prices would fit within those affordability parametres."