Tuesday, January 22, 2013

Tenancy culture studies: Barack Obama's 'Dreams from My Father'

Congratulations to former tenants advocate Barack Obama on his second inauguration as the 44th President of the United States of America.


In his own words, President Obama's prior career was as a 'community organiser' in the public housing estates and other poor neighbourhoods of southside Chicago in the early 1980s. (An unusual sort of prior career for a world leader, but not entirely unprecedented: Clement Attlee, Prime Minister of Britain 1945-51 and architect of the welfare state, started out as a social worker in the slums of East London in the early years of the twentieth century.)

Obama's own words about his experiences are recorded in his thoughtful, well-crafted memoir, 'Dreams from My Father', first published in 1996.  He sets the scene:

The Altgeld Gardens public housing project sat at Chicago's southernmost edge: two thousand apartments arranged in a series of two-storey brick buiuldings with army-green doors and grimy mock shutters. Everybody in the area referred to Altgeld as 'the Gardens' for short, although it wasn't until later that I considered the irony of the name, its evocation of something fresh and well tended – a sanctified earth.
True, there was a grove of trees just south of the project, and running south and west of that was the Calumet River, where you could sometimes see men flicking fishing lines into darkening waters. But the fish that swan those waters were often strangely discoloured, with cataract eyes and lumps behind their gills. People ate their catch only if they had to.
To the east, on the other side of the expressway, was the Lake Calumet landfill, the largest in the Midwest.
And  to the north, directly across the street, was the Metropolitan Sanitary District's sewage treatment plant. The people of Altgeld couldn't see the plant or the open-air vats that went on for close to a mile; as part of a recent beautification effort, the district maintained a long wall of earth in front of the facility, dotted with hastily planted saplings that refused to grow month after month, like hairs swept across a bald man's head. But officials could do nothing to hide the smell – a heavy putrid odour that varied in strength depending on the temperature and the wind's direction, and seeped through windows no matter how tightly they were shut.
The stench, the toxins, the empty, uninhabitated landscape. For close to a century, the few square miles surrounding Altgeld had taken the offal of scores of factories, the price people had paid for their high-wage jobs. Now that the jobs were gone, and those people that could had already left, it seemed only natural to use the land as a dump.
A dump – and a place to house poor blacks. Altgeld may have been unique in its physical location, but it shared with the city's other projects a common history: the dreams of reformers to build decent housing for the poor; the politics that had concentrated such housing away from white neighbourhoods, and prevented working families from living there; the use of the Chicago Housing Authority – the CHA – as a patronage trough; the subsequent mismanagement and neglect. It wasn't as bad as Chicago's high-rise projects yet, the Robert Taylors and the Cabrini Greens, with their ink-black stairwells and urine-stained lobbies and random shootings. Altgeld's occupancy rate held steady at ninety percent, and if you went inside the apartments, you would more often than not find them well-kept, with small touches – a patterned cloth thrown over torn upholstery, an old calendar left hanging on the wall for its tropical beach scenes – that expressed the lingering idea of home.

Public housing tenants and workers in New South Wales might see similarities between Altgeld and public housing estates here: parallel trajectories from promise to disappointment; planning failures that always put these places behind the eight-ball; present states of isolation and neglect. We should be careful, however, not to overdo it. Part of the problem of places like Altgeld is the historical legacy of the racial segregation of American cities, first written legally into the fabric of cities by racially restrictive covenants in property, then economically by the phenomenon of 'white-flight'. As divided as our own towns and cities are, and as sorry as a lot of our history of race relations is, there's no direct parallel to the historical legacy in American cities. Nor has there been here anything quite like the American culture of patronage and spoils in the administration of housing and other services.

What's really recognisable in Obama's account of community work is its human face, and its emotional inner life.

He describes insightfully the continuing search of workers and residents for a common interest that motivates and sustains community organisation – and for their own individual way through the various contending motivators and ideologies for meaningful work. For the young Obama, the civil rights movement and the ambitions of his own absent father are shifting lodestars; he also recounts what he learned of the motivations of some of the residents he worked with:

I remember, for instance, sitting in Mrs Crenshaw's kitchen one afternoon, gulping down the burnt cookies she liked to force on me every time I stopped by. It was getting late, the purpose of my visit had begun to blur in my head, and almost as an afterthought I decided to ask why she still participated in the PTA [Parents and Teachers Association] so long after her own children had grown. Scooting her chair closer to mine, she started to tell me about growing up in Tennessee, how she's been forced to stop her own education because her family could afford to send only one child to college, a brother who would later die in World War II. Both she and her husband had spent years working in a factory, she said, just to see to it that their own son never had to stop his education – a son who had gone on to get a law degree from Yale.
A simple enough story to understand, I thought: the generational sacrifice, the vindication of a family's faith. Only, when I asked Mrs Crenshaw what her son was doing these days, she went on to tell me that he had been diagnosed with schizophrenia a few years earlier and that he now spent his days reading newspapers in his room, afraid to leave the house. As she spoke, her voice never wavered; it was the voice of someone who has forced a larger meaning out of tragedy.

Obama also observes the pitfalls of burnout, cynicism and petty jealousies in community organisations and service providers; the struggle of residents' hidden strengths and skills against lack of education and lack of confidence; and the importance of the occasional flash of inspiration or victory. He tells the story of working with a group of young parents from Altgeld who were concerned about asbestos in their buildings. After getting the brush-off from the management at Altgeld, they took themselves and their children to the CHA's head office. Under the gaze of the assembled local media, they got a meeting with the director's assistant.

Without a word from me, the parents found out that no tests had been done and obtained a promise that testing would start by the end of the day. They negotiated a meeting with the director, collected a handful of business cards, and thanked Mrs Broadnax [the director's assistant] for her time. The date of the meeting was announced to the press before we crammed back into the elevator to meet our bus. Out on the street, Linda insisted that I treat everybody, including the driver, to caramel popcorn. As the bus rolled away, I tried to conduct an evaluation, pointing out the importance of preparation, how everyone worked as a team.
'Did you see that woman's face when she saw the cameras?'
'What about her acting all nice to the kids? Just trying to cozy up to us so we wouldn't ask no questions.'
'Wasn't Sadie terrific? You did us proud, Sadie.'
'I got to call my cousin to make sure she gets her VCR set up. We gonna be on TV.'
I tried to stop everyone from talking at once, but Mona tugged on my shirt. 'Give it up, Barack. Here.' She handed me a bag of popcorn. 'Eat.' I took a seat beside her. Mr Lucas hoisted the children up onto his lap for a view of Buckingham Fountain. As I chewed on the gooey popcorn, looking out at the lake, calm and turquoise now, I tried to recall a more contented moment.
I changed as a result of that bus trip, in a fundamental way. It was the sort of change that's important not because it alters your concrete circumstances in some way (wealth, security, fame) but because it hints at what might be possible and therefore spurs you on, beyond the immediate exhilaration, beyond my subsequent disappointments, to retrieve that thing that you once, ever so briefly, held in your hand. That bus ride kept me going, I think. Maybe it still does.

There's more to the story of the campaign, and Obama is honest enough not to give it an altogether happy ending.

Looking again to our own social housing neighbourhoods, the difficulties, disappointments and rewards of tenants organising to get the services they and their neighbours need are documented, in very different language, in a new briefing paper by Shelter NSW, 'We Look After Our Neighbours Here' (download in pdf here).' In their different ways, both it and Obama's memoir are well worth a read for the student of housing and community work.

And let's hope, too, that the leader of the world's greatest economic and military power still sometimes thinks back to his bus trip with the public housing tenants from Altgeld.

Monday, January 21, 2013

Public housing amnesty for unauthorised additional occupants

Do you live in public housing or Aboriginal Housing Office Housing? Do you have someone living with you who Housing NSW doesn't know about?





If you do, you should think about informing Housing NSW under its amnesty for unauthorised additional occupants.


The amnesty runs from today, 21 January, to 17 March 2013. Housing NSW states that 'if you make a report relating to an unauthorised additional occupant residing in your property during the amnesty you will be protected from prosecution and won't have to pay back rent or be worried about being evicted.

Housing NSW will use the information you provide to recalculate your rental rebate according to its policy – so you will pay a higher rent, going forward.

But the amnesty may still be a very good deal, because ordinarily Housing NSW will, upon finding out about an unauthorised additional occupant, cancel your rental rebate, backdate the cancellation to when they reckon the person moved in, adjust your rent account accordingly to create a mountain of arrears (we've seen cases where tenants have been presented with arrears well over $100 000), and then give you a termination notice on the ground of the arrears.

The amnesty could save you a lot of trouble – we urge you to consider it. If you've any questions, please speak to your local Tenants Advice and Advocacy Service.

A few things to note:
  • For the amnesty to apply, the information has to come from you. Housing NSW says if you get dobbed in by someone else, you'll be told and given one opportunity to 'fess up. If you do, you're covered; if you don't, you're not protected and can expect Housing NSW to proceed against you in the usual way.
  • The amnesty relates to unauthorised additional occupants, not other factors in incorrect rental rebates (for example, your own undeclared income).
  • The amnesty is for public housing tenants and Aboriginal Housing Office tenants only; it does not apply to community housing tenants or Aboriginal community housing tenants.
[UPDATE: Check out our updates on the amnesty here.]

Tuesday, January 15, 2013

A note on database listings and the CTTT


A quick update on CTTT proceedings concerning the removal of residential tenancy database listings:

The Residential Tenancies Act says that a database listing should be removed after three years. It also says that tenants can apply to the Consumer, Trader & Tenancy Tribunal (CTTT) to resolve any dispute about a listing. This includes seeking orders for the removal of a listing that is more than three years old.


In a recent example that was handled by a Tenants' Advice & Advocacy Service, the landlord responsible for the listing could not be located. Instead, the database operator was listed as the sole respondent in the tenant's CTTT application.

The Tribunal didn't accept this. Instead, they rather unexpectedly located the landlord and served them with notice of the Tribunal hearing. They also removed the database operator as a respondent.

At the hearing, the Tribunal Member assured the tenant that the database operator would have to comply with any order made, notwithstanding that the operator was not a party to the proceedings. The Member relied on section 217 of the Residential Tenancies Act 2010 in reaching this conclusion:

217   Disputes about listings
(1) ApplicationA person may apply to the Tribunal for an order under this section if personal information about the person has been ... listed in a residential tenancy database.
(2) Grounds for orderThe Tribunal may make an order under this section if it is satisfied that:
(a)  the residential tenancy database includes personal information about the applicant that … has been listed on the database for longer than the applicable period specified in section 218
...
(3) Orders by TribunalThe Tribunal may order personal information about a person in a residential tenancy database to be wholly … removed … The Tribunal must give a copy of the order to the landlord, tenant and database operator.
(4) Orders affecting other personsIf the Tribunal makes an order directing a person other than a landlord or agent to remove … information in a residential tenancy database, the Tribunal must give a copy of the order to the person.

The result was that, once the CTTT hearing commenced, the tenant found it relatively easy to obtain an order for the listing to be removed. After three years the landlord was no longer concerned about the listing, and the database operator was never brought into the discussion.

(We should note here that, as the law is clear on the three year limit for database listings, there is no good reason why the order should not have been made anyway. But it's always nice to get a remedy in the Tribunal without being backed into an argument about whether or not you're entitled to it).

Our next lot of questions will concern the database operator's compliance with this order, and what the tenant might do to enforce it if the listing is not removed. We'll be keeping an eye on this.

More information on residential tenancy databases can be found at this link on the Tenants Advice & Advocacy Services' website.

Parenting Payment to Newstart: National Day of Action for single parents and their kids

Tuesday 5 February is a National Day of Action in support of families affected by the Federal Government's decision to cut single parents' entitlement to Parenting Payment and put them on the unemployment payment, Newstart, instead.

The change will substantially reduce the incomes of about 80 000 households already doing it tough, and push many of them towards homelessness.



Raise your hand in support of single parents and their kids at one of the rallies being organised across Australia: see the Single Parents Action Group for more details.

Wednesday, January 9, 2013

Tenancy culture studies: the National Public Housing Museum (Chicago)

Having last year observed the centenary of the public housing system in New South Wales, including with an Institute of Tenancy Culture Studies tour of significant public housing sites in Sydney, we bemoaned Housing NSW's neglect of the centenary and the forgetting of our public housing history.

By contrast, in Chicago, Illinois, the history of public housing is being remembered and celebrated, in the new National Public Housing Museum.



In its own words, the Museum

promotes and fosters the deep cultural understanding through artifacts, photos, archival documents, social history, public policy, and other material objects spanning seven decades. It is the first institution dedicated to interpreting the experience of public and social housing and the illumination of resilience of poor and working class families of every race and ethnicity.

The Museum is to shortly find a permanent home in a conserved building that was part of the Jane Addams Homes, Chicago's first federally-funded public housing project. Take a virtual tour:


Congratulations and best wishes to all involved in the inspiring work of National Public Housing Museum.

Tip of the hat to Robert Mowbray.

Tuesday, January 8, 2013

Does my landlord have to provide air-conditioning?

Bit hot today.






There might be a few of you wondering whether you can make your landlord install air-conditioning.

The answer is: maybe, there's an argument for it, but it depends.

The Residential Tenancies Act 2010 does not say anything specifically about air-conditioning. (It does, however, contemplate that facilities for 'cooling' (and, for that matter, 'heating') may be 'essential services' that justify an urgent repair in the event of a breakdown).

The most relevant provisions for sweltering tenants are the contractual obligations the Act places on landlords to provide the premises 'fit for habitation' (section 52(1)) and to provide and maintain the premises 'in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises' (section 63(1)).

The 'fit for habitation term' and the 'reasonable state of repair term' are, apparently, two separate obligations. The Tribunal has pondered their relationship and differences here.

The fit for habitation term is the more objective: it means that the premises are safe and reasonably comfortable. This comes from the nineteenth century English case of Proudfoot v Hart (1890) 25 QBD 42, where the words 'fit for habitation' were held to mean that 'the premises might be used and dwelt in not only with safety, but with reasonable comfort, by the class of persons by whom and for the sort of purpose for which, they were to be occupied'. As the Tribunal observes, consideration of 'the class of persons' should now be dispensed with as anachronistic, and instead a generally observed, contemporary standard of safety and reasonable comfort should be applied.

The 'reasonable state of repair' term is more relative: the standard here may vary according to the rent payable for the premises, and to how much longer the premises are to remain standing. This means, in particular, that the standard of repair for relatively expensive premises may be relatively high – higher than what might be required to be merely 'fit for habitation'.

A case for air-conditioning could be made under either of these obligations, but it will depend very much on the circumstances.

For example, it's possible to think of premises – for example, a west-facing flat, with fixed windows and no insulation, somewhere that regularly gets hot – that will not be reasonably comfortable without air-conditioning, so the case might be made that air-conditioning is required for those premises by the fit for habitation term.

On the other hand, in other premises – say a $5000 per week penthouse in a luxurious new building – air-conditioning might be required under the 'reasonable state of repair' term, even if the discomfort is not so bad as to make the premises uninhabitable.

In any event, the extreme weather conditions today will be a poor test of what's required by these obligations. For today, keep a T-shirt in the fridge. If your place gets uncomfortably hot even in ordinary weather, consider asking your landlord to do something about it. 

Monday, January 7, 2013

New Year, new Boarding Houses Register

Happy New Year, Brown Couch readers.

As the new year commences, so do parts of the new Boarding Houses Act 2012. On 1 January, the parts that establish the new Register of Boarding Houses commenced operation. (Other parts of the Act, such as those relating to occupancy agreements, will commence some time later.)


At the moment, the Boarding House Register is a slim volume. Over the next six months it should start to fill up. Proprietors of registrable boarding houses already operating have until 30 June 2013 to register. New registrable boarding houses, and new proprietors, must register within 28 days of starting operations.

For more on registration and other aspects of the new Act, see NSW Fair Trading's website.