Adequacy of other accommodation and emergency housing
What is adequate in the short-term to meet an emergency housing need will depend on the circumstances of the client, their partner and dependent children (if any), and needs to be considered on a case-by-case basis.
Short-term means a temporary arrangement that meets an immediate emergency housing need.
The factors listed below can be considered when determining if the:
- other accommodation options available to the client (their partner and dependent children, if any) are adequate
- emergency housing accommodation is adequate
Factors to consider
The following factors should be considered when deciding if the client, their family and dependent children (if any) have access to adequate accommodation:
- any disability needs (e.g., wheelchair access, accessible toilets, or showers)
- the distance to essential services for treatment (e.g., travel to a hospital treatment for dialysis)
- whether the place to stay is safe (e.g. there are no drugs, violence, or other unsafe behaviour)
- the living conditions foster a safe environment (e.g., safe for children, access to amenities such as a toilet, cleaning facilities and food preparation areas)
- the location of the place to stay is suitable as it is not close to a perpetrator of violence
- it does not prevent the client (or the people included in the clients application) from meeting their court, bail, or release conditions if they stay at the alternative accommodation option. For example:
- the location of the place available is in an area they are permitted to stay (e.g. a reasonable distance from a victim or school)
- whether the accommodation is a reasonable distance from education providers the client or their family are enrolled in
- whether the accommodation is a reasonable distance from where the client or their family work
- is intended for human habitation and is located in accordance with relevant local government bylaws (e.g. the following are not adequate: barns, shacks or shelters which lack walls or some or all of the usual household amenities such as electric lighting, piped water, bathroom, toilet, and kitchen/cooking facilities, a caravan or other removable structure on a residential site which is located against relevant local government bylaws)
- a commercial provider who meets the relevant building and safety requirements (e.g., meets fire-safety regulations, building code requirements or local authority rules)
- Note MSD do not need to actively check the accommodation complies with applicable regulations. However if MSD are told it does not comply (by the client or other third party) this may be taken into account when determining whether the client has access to adequate accommodation for the short-term
Paying for adequate emergency housing
MSD should only pay an Emergency Housing Grant for emergency housing that is adequate. However, there may be rare situations where there is no adequate emergency housing available. In these situations, MSD can pay for emergency housing that is not adequate when:
- no adequate emergency housing options are available, and
- not paying would impact the client, their partner and dependent children (if any) as they would not have access to any accommodation
This should only be a short-term arrangement until adequate emergency housing becomes available.
For more information see:
- Qualifications for emergency housing
- Immediate emergency housing need
- Access to other adequate accommodation
- Examples of other adequate accommodation
- Actual and reasonable costs covered for emergency housing
- Client can meet their immediate need in another way
- Transitional housing funded by the Ministry of Housing and Urban Development
- When MSD cannot pay an Emergency Housing Grant
Legislation
- immediate emergency housing need (definition) clause 4 Emergency Housing Grants Programme
- Principles to be applied in exercise of discretion clause 13(a)(ii) Emergency Housing Grants Programme
