Differences between housing associations and local authorities
Local authorities are public authorities who are required to produce a race equality scheme by law. Housing associations are not public authorities and do not have to produce a race equality scheme, but the Housing Corporation does place specific obligations on housing associations to promote race equality.
Local authorities can only place certain people on their allocation schemes or waiting lists for housing: this is laid out in law and regulations. They have to run services to provide emergency and temporary housing for homeless people and to give them some priority in housing, but eligibility for these services is also restricted by law.
Both local authorities and housing associations are governed by the Equality and Human Rights Commission (EHRC) Code of Practice on housing. You can find this on the EHRC web site. Both should have a proper scheme for deciding who gets any vacant homes that is available to the public.
Housing associations are required to co-operate with local authorities and most have nomination or referral agreements with them. This allows the local authority to send recommendations to the association to fill a certain percentage of their vacant housing each year. The people nominated or referred must come from the council allocations scheme and be eligible.
Some associations run services for councils on contract. These services may include allocations schemes, homelessness services, or housing management. When they run these contracts, they have to operate within the law as it applies to councils, which includes testing applicants for eligibility.
When housing associations are deciding for themselves who is to get their housing (not accepting a referral from a local authority or carrying out a contract for them), they are independent bodies who must make their decision within the law and according to their own policies. These policies should not discriminate, directly or indirectly against any applicants.