Housing (Miscellaneous Provisions) Act 2009

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Anti-social behaviour strategy.

35.— (1) A housing authority shall, within one year of the coming into operation of this section, draw up and adopt a strategy (in this section referred to as an “ anti-social behaviour strategy ”) in respect of that part or those parts of its administrative area in which are situated—

(a) dwellings let by the housing authority to tenants under the Housing Acts 1966 to 2009,

(b) dwellings which are the subject of Chapter 4 tenancy agreements,

(c) dwellings in which relevant purchasers (within the meaning of section 1 of the Act of 1997) reside, and

(d) sites (within the meaning of section 1 of the Act of 1997).

(2) An anti-social behaviour strategy shall have as its principal objectives—

(a) the prevention and reduction of anti-social behaviour,

(b) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti-social behaviour,

(c) the promotion of co-operation with other persons, including the Garda Síochána, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti-social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and

(d) the promotion of good estate management.

(3) An anti-social behaviour strategy shall set out the proposals of the housing authority for achieving the principal objectives referred to in subsection (2), including, but not necessarily limited to, the following:

(a) procedures in relation to the making of complaints to the housing authority in respect of anti-social behaviour;

(b) initiatives for the prevention and reduction of anti-social behaviour;

(c) the provision of education relating to, and the carrying out of research into, anti-social behaviour and its prevention and reduction.

(4) A housing authority—

(a) shall, not less than 6 months before the expiration of its housing services plan, and

(b) may, from time to time as it thinks fit,

review its anti-social behaviour strategy and amend the strategy or draw up and adopt a new strategy, as it considers appropriate.

(5) When drawing up a strategy, or before amending a strategy, a housing authority shall consult with—

(a) any joint policing committee established under section 36 of the Garda Síochána Act 2005 in respect of its administrative area,

(b) the Garda Síochána,

(c) the Health Service Executive, and

(d) any other person as the authority considers appropriate.

(6) The drawing up and adoption of, and the amendment of, an anti-social behaviour strategy shall be a reserved function.

(7) The drawing up and adoption of, and amendment of, an anti-social behaviour strategy is not to be taken to confer on any person a right in law that the person would not otherwise have to require a housing authority in a particular case to exercise any function conferred on it under the Act of 1997 or this Act or to seek damages for a housing authority’s failure to perform any such function.