Suspension and revocation of registration

Suspension

Registration continues as long as a community housing provider (CHP) continues to meet the eligibility criteria and Performance Standards, but we can suspend or revoke a CHP’s registration in certain circumstances. A CHP can also ask to revoke its registration.

We are required to assess a CHP’s performance at least annually. If after such an assessment we decide the requirements of registration are not being met, we must give the CHP at least 14 days written notice and the opportunity to be heard about the impending suspension of registration.

We must record the suspension in the public Register. Suspension lasts until we are satisfied the CHP meets the eligibility criteria and Performance Standards. After 12 months, if the organisation is still not in compliance, we can extend the suspension for a further period of time or revoke the CHP’s registration.

During the suspension period, the CHP will be required to remedy any failure to comply with the eligibility criteria or Performance Standards. The CHP may still be paid an income-related rent subsidy (IRRS). However, it may not take on any new tenants paying an IRRS or receive any other housing-related Crown funding. If the failure is not addressed, we will revoke the CHP’s registration.

Organisations have the right to appeal any decision by CHRA related to the suspension.

For further details please consult our Suspension and Revocation Guidance Note(external link).

Revocation

We may revoke a CHP’s registration if we are satisfied on reasonable grounds that it:

  • has ceased to operate as a CHP
  • is unable to pay its debts or carry on its business
  • is failing to meet:
    • one or more of the eligibility criteria
    • one or more of the Performance Standards
    • a lawful requirement of CHRA under Part 10 of the Act.

Before we revoke an organisation’s registration, we must give the CHP at least 14 days written notice of our intention, the reason(s) for revocation, and the opportunity to be heard. Revocation can occur whether or not registration has been suspended.

After the notice period has expired, the process we must follow is:

  • to provide written notice to the CHP indicating the date revocation takes effect
  • removing the CHP’s name from the Register.

We must also give written notice as soon as possible, and publish the revocation in the Gazette(external link).

Organisations have the right to appeal any decision by CHRA related to revocation.

CHP-requested revocation of registration

A registered CHP can choose to revoke their registration.

This request must be made in writing. Where applicable, the CHP must provide evidence that appropriate arrangements have been made to ensure its community housing tenants will not be disadvantaged in the following areas:

  • geographical location
  • type of housing
  • amenities in the housing
  • eligibility for income-related rent.

Implications of revocation

If your registration is revoked, your organisation will:

  • no longer be a regulated social landlord
  • not be eligible to contract with HUD’s Housing Supply team to receive IRRS
  • have any existing contracts with HUD Housing Supply for IRRS terminated.

Appeals

CHPs have a right of appeal to the District Court against any of our decisions relating to registration, including on eligibility for registration, suspension, and revocation.