Housing associations and new arrivals
Housing associations are funded and regulated by the Housing Corporation, which lays down what they must do in a regulatory code, which includes requirements (at 2.7) of performance on diversity and equality in general and race equality in particular.
Housing associations must also follow the circulars issued by the Housing Corporation in developing policies and procedures.
Local connection
The most recent circular on tenancy management deals with applications and, with regards to local connection, it states:
'Housing need should normally override any special consideration of local connection. No applicant should be excluded by an association because they do not have a local connection (there are some special exceptions to this)... Local authorities may continue to select nominations from locally connected people.'
Blanket bans
WIth regards to blanket bans, it states:
'Applicants should not be excluded automatically from housing if their circumstances “fit” a defined category. Every case must be judged on its merits and efforts made to resolve any possible ineligibility.'
In other words: local authorities may exclude new arrivals, because they are legally required to do so, but housing associations cannot exclude anyone on the basis of their immigration status. Further information about the differences between RSLs and local authorities.
If housing associations refuse to put people on to their waiting lists simply because of their immigration status, they are likely to be acting unlawfully, because they will be in breach of the Race Relations Act 1976.
Further information about the consequences of discrimination. Such discrimination would also put the housing association in breach of the Housing Corporation regulatory code and almost certainly be in conflict with their own equal opportunities and diversity policies.
And, as important, this sort of discrimination will stop housing associations doing what they are meant to do: housing people in need.
'The bottom line is that asylum seekers and refugees are the Housing Corporation’s customers. Indeed, I like to regard them as tomorrow’s key workers. We, and housing associations more generally, have not pulled our weight to date in serving their needs. As such I need to find ways to serve them better. And I am very open to ideas as to how to do this.'
Jon Rouse, Chief Executive Housing Corporation, June 2004