Tenancy abuse issues tackled

May 24, 2023

The Housing Authority (HA) Subsidised Housing Committee today endorsed a series of measures for implementation from October 1 to combat tenancy abuse and revised the "Well-off Tenants Policies" and "Addition Policy".

 

After admission to public rental housing (PRH) estates, tenants must make declarations every two years that they have continuously resided in the units and complied with the tenancy agreement regarding occupancy status, including not subletting the unit or engaging in illegal activities in the unit or its use for non-domestic purposes.

 

The tenants should also authorise the HA to verify their information with relevant government bureaus/departments and public or private organisations. Those who refuse to make the declarations or fail to do so within the specified time may have their tenancies terminated.

 

Applicants whose applications are cancelled for making false declarations will be barred from reapplying for PRH for five years. Former tenants whose tenancies are terminated due to making false declarations, breaching the tenancy agreement and violating the Marking Scheme for Estate Management Enforcement will not be eligible to apply for PRH for five years instead of two from the date of termination.

 

Tenants who knowingly give false statements when making declarations are also liable to prosecution and may be subject to a fine and imprisonment upon conviction.

 

As regards the "Well-off Tenants Policies", PRH tenants have to declare to the Housing Department every two years whether the principal tenants and all household members own any domestic property in Hong Kong since admission to PRH.

 

They also have to declare to the HA whether they have acquired a domestic property in Hong Kong within one month of entering into any agreement, including provisional agreements.

 

The Fixed Term Licence period will also be shortened from a maximum of 12 months to four months. The tenant must move out after the four-month period and the tenants' eligibility will not be assessed.

 

Regarding the "Addition Policy", under the current policy, for elderly tenants, ie either the principal tenant or his/her spouse aged 60 or over, if there is no adult offspring in the tenancy, tenants may apply to add one adult offspring (whether married or not) and his/her family members (if applicable) to the tenancy.

 

If there is already a single adult offspring (unmarried/divorced) in the tenancy, tenants may apply to add at most one single adult offspring (unmarried/divorced) to the tenancy. If there is already a married adult offspring in the tenancy, tenants cannot apply to add any adult offspring (whether married or not) to the tenancy.

 

Under the revised policy, if there is already adult offspring (irrespective of marital status) in the tenancy, the elderly tenants are not allowed to apply for adding other adult offspring to the tenancy. If there is no adult offspring in the tenancy, elderly tenants may still apply to add at most one adult offspring (and his/her family members, if applicable).

 

The HA noted that the relevant policies needed to be enhanced so as to block a shortcut to PRH, which is unfair to other PRH applicants. Those who have a genuine need can still apply for temporary stay to take care of their parents under the existing mechanism.

 

Secretary for Housing Winnie Ho said PRH is a precious social resource, adding that she was grateful to the committee, having considered various views carefully, for swiftly enhancing the relevant arrangements to ensure public housing resources are allocated to those in need in response to the community's calls.

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