If you are a housing adviser please visit this section for more information...

Housing associations receive government funding to develop homes for people in need. They are currently regulated by the Tenant Services Authority (TSA) which sets the standards they must meet and offers guidance on good practice.

The TSA's Tenancy Standard covers allocations and requires that:

• '...(associations should) let their homes in a fair, transparent and efficient way. They shall take into account the housing needs and aspirations of tenants and potential tenants.'
• There should be clear application, decision-making and appeals processes.'

The TSA also specifically expects that associations:

'...develop and deliver allocations processes in a way which supports their effective use by the full range of actual and potential tenants, including those with support needs, those who do not speak English as a first language and others who have difficulties with written English.'

The TSA also informs associations about good practice and Good Practice Note 8 covers equality and diversity. It says that:

'Housing associations should focus on meeting the needs of the ever more diverse black and minority ethnic (BME) communities, particularly hidden or emerging migrant communities, where this is appropriate.'

In Wales, the Regulatory Code for Housing Associations Registered in Wales requires that associations ‘should ensure that people in housing need are aware of and have access to the association’s housing’ (1.3.1.) and have a fair allocations policy (1.3.3).  It also tells associations (2.3.1) that they should actively promote:

• respect for diversity
• equality of opportunity
• the elimination of discrimination in all their activities, and
• good relations between people of different racial groups.

Housing associations are independent bodies. If they choose, they can offer all of their vacancies to local authorities, but they can also decide to allocate some of their vacancies themselves. If they do so, they must do so fairly and without discriminating and it is good practice to ensure that the needs of new migrants are met on fair terms. Unlike local councils (who must only offer new tenancies to people legally defined as eligible), they cannot choose to exclude anyone on the basis of their immigration status (see the page on housing associations and local authorities - the legal differences in relation to housing of new migrants).

If housing associations refuse to put people onto their waiting lists simply because of their immigration status, they are likely to be in breach of discrimination law (see the page on challenging discrimination). Such discrimination would also put the housing association in breach of the TSA's Regulatory Framework or the Welsh Assembly Government’s 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.