Rental Warrant of Fitness Bill

1 Title

This Act is the Rental Warrant of Fitness Act.

2 Commencement

This Act comes into force the day that is five months after this Act receives royal assent.

3 Principal Act

This Act concerns the Residential Tenancies Act 1986 (the principal Act).

4 Interpretation

(1) In this Act, the following definitions are used--

assessor means a person tasked with by the ministry to determine if a rental home passes or fails the test for fitness.

assessment form means the form described in section 8.

assessment information means the information described in section 9.

data of issuance means the date specified in section 12.

expired period means the period following the expiry period and before a renewal of a Warrant.

expiry date means the date described in section 12.

tenant has the meaning it has in the principal Act.

tenant-related persons, in relation to any residential premises that are the subject of a tenancy agreement, and, where appropriate, includes--

• (a) in the case of a prospective tenant, those persons to that prospective tenant that might reasonably reside in the rental home with the tenant; and
• (b) in the case of a tenant who has agreed to a tenancy agreement, those persons who live with the tenant, have lived with the tenant, or may live with the tenant; and
• (c) in the case of a former tenant, those persons who formerly lived with the tenant.

test for fitness means the test that determines if a rental home meets the requirements for a Warrant.

landlord has the meaning as in the principal Act.

rental home means any residential premises subject to a tenancy agreement, or may be subject to a tenancy agreement.

rental Warrant of Fitness has the meaning in section 6.

minister is the officer of the Crown described in section 5.

ministry means the minister's department.

Warrant means the rental Warrant of Fitness.

(2) In general, words which do not have a meaning in section 4(1) or an obvious meaning within a reasonable reading of this Act share a meaning with the principal Act, if such meaning exists and is logically consistent with this Act.

5 Minister responsible

The minister responsible for the enforcement of this Act is the officer of the State directed on order of the Prime Minister to enforce this Act.

6 Rental Warrant of Fitness defined

A rental Warrant of Fitness, hereinafter referred to as a 'Warrant', is the approval of a rental home as being safe and fit for human habitation.

• (a) to be deemed as fit, a home must meet a checklist of criteria, set out in section 9.
• (b) only rental homes are required to be granted a Warrant.

7 Establishment of Warrant of Fitness

A rental Warrant of Fitness is established. The minister has authority over the enforcement and application of the Warrant and the test for fitness, within the purview of this Act.

8 Requirements for test

(1) The test for fitness, must include the following information--

• (a) information regarding the assessor--
  • (i) including his or her name; and
  • (ii) contact information.
• (b) property information including--
  • (i) the name of the tenant; and
  • (ii) the name of the owner; and
  • (iii) the name of the landlord; and
  • (iv) the property's address; and
  • (v) an associated phone number with the property; and
  • (vi) an associated phone number with the owner; and
  • (vii) an associated phone number with the landlord; and
  • (viii) the approxiate age of the property in years; and
  • (ix) the number of storeys in the property; and
  • (x) the approximate size of the property measured in metres squared; and
  • (xi) the number of bedrooms in the property; and
  • (xii) the type of the propety, including at least all of the following: detatched, duplex, terrace, apartment, and other.

• (c) assessment information of the rooms and parts of the property including--

  • (i) any kitchens; and
  • (ii) any laundries; and
  • (iii) any bathrooms and toilets; and
  • (iv) all living areas; and
  • (v) any bedrooms; and
  • (vi) all entrances; and
  • (vii) the cieling; and
  • (viii) under the floor; and
  • (ix) other assessment information that does not fit under one of the other rooms or parts referred to in section 8(1)(c).

• (d) extra information, including--

  • (i) the assessor's signature following completion of the assessment; and
  • (ii) date of the assessment; and
  • (iii) a section for comments from the assessor; and
  • (iv) start time of the assessment; and
  • (v) end time of the assessment; and
  • (vi) an area to mark if each area of assessment for each room or parts of the property pass or fail in that area; and
  • (vii) an area to mark the total amount of passes and fails.

(2) The minister is obligated to have an assessment form, hereinafter referred to as the "form", designed that fits the requirements of subsection (1).

(3) The form may include information that is not included explicitly in subsection (1), but it may not include information regarding any person's sexual orientation, gender identity, race, ethnicity, religion, or other similar information. Information intended to be included in this way must be issued by Order-in-Council by the Governor-General.

(4) The assessor must fill out all information on the form.

9 Assessment information

(1) Assessment information means the information which the assessor is to use to examine if a rental house qualifies for a Warrant.

(2) The following general assessment information is to be used for all rooms, unless the minister deems it non-applicable to a specific room--

• (a) the quality and intactness of the walls; and
• (b) the quality and intactness of the cieling; and
• (c) the quality and intactness of the floor; and
• (d) if surfaces are clear of mould; and
• (e) if ventiliation to the outside is suitable; and
• (f) if windows are secure; and
• (g) if power outlets are visibly safe; and
• (h) if there are light switches; and
• (i) if there is working artifical lighting.

(3) The following specific assessment information is to be used--

• (a) For kitchens--
  • (i) if there is a functioning stove and oven; and
  • (ii) if there is adequete food preparation and storage; and
  • (iii) if there is adequetely hot tap water; and
  • (iv) if there is a potable water supply; and
  • (v) if there is waste water drainage with sound connection.
• (b) For living areas--
  • (i) if there is fixed heating that is safe and effective; and
  • (ii) if curtains are present.
• (c) For bathrooms--
  • (i) if there are operational toilets; and
  • (ii) if sewage connection is functional; and
  • (iii) if there is a functioning bath and shower; and
  • (iv) if there is adequetely hot tap water.
• (d) For laundries--
  • (i) if waste water drain is connected.
• (e) For bedrooms--
  • (i) if a smoke alarm is within 3 metres of the bedroom; and
  • (ii) if curtains are present.
• (f) For entrance--
  • (i) if address is clearly labled and identifiable; and
  • (ii) if doors securely lock; and
  • (iii) if there is a working light.
• (g) For cieling insulation--
  • (i) if the insulation meets requirements; and
  • (ii) if there are no gaps, tucks, or folds; and
  • (iii) if there is no dampness in insulation; and
  • (iv) if there is clearance for lights, ducts, and roof
• (h) For insulation underneath the floor--
  • (i) if the insulation meets requirements; and
  • (ii) if the area underneath the floor is dry; and
  • (iii) if there is ground vapour barrier; and
  • (iv) if there is no ponding.
• (i) For hallways or stairways--
  • (i) if there is artifical lighting for both the hallways and the stairways.
• (j) For general information--
  • (i) if there are no cracks or holes in places where there should not be; and
  • (ii) if there is spouting with no leaks; and
  • (iii) if the house and all of its parts are structurally sound; and
  • (iv) if any glass doors are made of safety glass or have visibility strips; and
  • (v) if handrails are to code; and
  • (vi) if non-potable water is labled; and
  • (vii) if paths and decks are not slippery; and
  • (viii) if paths and decks are free of moss; and
  • (ix) if there is secure storage; and
  • (x) if there is artifical lighting whereever else required.

(4) The Governor-General may by Order-in-Council make regulations regarding section 9 and the interpretation of all of its subsections.

10 Procedure if information unavaliable

If any information required in section 9 is not avaliable, the assessor may list "/", in place of if the property passes or fails in that area. This shall satisfy section 8(4).

11 Procedure if prohibited information

If any information appears on a form that is listed in section 8(3), the assessor may strike though the prohibited assessment information and not fill it out. This shall exempt the assessor from fulfilling section 8(4) for that assessment information.

12 Expiry of Warrant

A Warrant issued by the ministry in accordance to this Act expires two years after its date of issuance.

13 Renewal of Warrant

(1) The landlord of a property may request a renewal of a Warrant no sooner than one year following the Warrant's date of issuance. The ministry must verify that a Warrant has been issued for this property and that the request for renewal does not fall in the prohibited period. Any renewal requests which meet the requirements of this section must be granted.

(2) Following the granting of the request, an assessor must be directed to assess the property in question to ensure that it still meets the requirements set out in section 9.

(3) If a landlord fails to request a renewal before the expiry date, any tenant or tenant-related person living in the property that has an expired Warrant may request a renewal. This shall be determined adequete for a renewal request under this section.

(4) If a Warrant expires with no renewal request, the tenancy agreement for that home may still be considered valid, but the ministry must--

• (a) inform the tenant and landlord of the property of the expiry; and
• (b) enforce a date upon which a required inspection of the rental home, in order to preform a test for fitness, will occur; and
• (c) determine if the rental home still meets the test for fitness.

(5) If a rental home which falls under section 13(4) meets the test for fitness, then its Warrant shall be renewed, and the landlord fined $100 for failing to request a renewal.

(6) If a rental home which falls under section 13(4) fails to meet the test for fitness, then--

• (a) an investigation into the rental home by the ministry must occur within 30 days; and
• (b) if it is determined beyond a reasonable doubt from the investigation that the landlord is at fault for the fitness of the rental home then the landlord is required to refund all rent paid to him or her by the tenant during the expired period.

(7) A Warrant renewal request is not required if the tenant for a rental home which falls under section 13(4) does not change and the investigation in section 13(6) has been completed. In this case, tenancy will continue as normal, including the payment of rent.

(8) A Warrant is required if the landlord of a rental home which falls under section 13(4) wishes to enter into a tenancy agreement with a new tenant.

14 Landlord obligations

A landlord must request a Warrant and receive a Warrant for a rental home before entering into a tenancy agreement with a tenant that concerns that rental home.

15 Ministry obligations

(1) The ministry must create a guide which outlines the requirements in this Act and any requirements the minister issues under section 8(3) to qualify for a Warrant, and it must detail any other relevant information from this Act and from the ministry in regards to the Warrant, including prohibited actions in section 21.

(2) The guide referred to in section 15(1) must include--

• (a) the requirements for a Warrant in this Act; and
• (b) any requirements the minister issues under section 8(3) not mentioned in this act; and
• (c) specific requirements on what standards meet the assessment information requirements in section 9(2).

(3) The guide referred to in this section must be publically avaliable online and in a physical form.

(4) The ministry must create an assessment handbook to be given to all assessors, with an adequete summary of its contents. This handbook must explain the process of assessing a rental home, process for submitting a completed assessment form, guidelines for the conduct listed in section 16 of this Act, and any other information the ministry deems relevant.

16 Conduct of assessor

(1) Any assessor is expected to convey himself or herself in a neutral and a professional manner, in accordance with direction from the ministry in the handbook mandated in section 15(4).

(2) An assessor, person A, may not accept bribes from tenants, landlords, or any other person related to a property he or she is assessing, have assessed, or will assess at any time. If an assessor is directed to assess a property whose tenant, landlord, or any other person related to the property has given the assessor something which might be considered a bribe should the assessor assess the property, the assessor must inform the ministry and request a replacement.

(3) An assessor, person A, may not assess a property of which he or she has a conflict of interest with the tenant, landlord, or any other person related to the property. If an assessor is directed to assess a property with whose tenant, landlord, or related person to the property he or she has a conflict of interest, the assessor must inform the ministry and request a replacement.

(4) If the ministry determines that there exists no conflict of interest, for section 16(3), or no possible bribe, for seciton 16(2), then no replacement must be sent and person A must be informed of the refusal to his or her request of a replacement and be directed to assess the property.

(5) An assessor may not discriminate against a tenant or landlord of a property he or she assesses, especially in regards to section 8(3) of this Act.

(6) An assessor may not knowingly fill out false information on the form.

17 Conduct of landlord

(1) No landlord may bribe or attempt to bribe an assessor in regards to section 16(1).

(2) No landlord may attempt to tamper with the test for fitness while it is ongoing.

18 Conduct of tenants and tenant-related persons

No tenant may bribe or attempt to bribe an assessor in regards to section 16(1).

19 Conduct of all persons

(1) No person may falsify a Warrant or a test for fitness.

(2) No person may impersonate an assessor.

20 Appointment of assessor

(1) The ministry has authority on who to appoint to be an assessor. There must be an adequete number of assessors to ensure that Warrants are tested for and given out in a timely manner.

(2) No assessor may be appointed who has been removed as assessor previously under section 21.

21 Prohibited actions

(1) The following apply to assessors--

• (a) Every assessor commits an offence who contravenes section 16(1) and is subject to removal from position of assessor and a fine of no more than $100.
• (b) Every assessor commits an offence who contravenes section 16(2) and is subject to removal from position of assessor and a fine of no less than the dollar value of the bribe accepted, but no more than one-and-one-half times that amount.
• (c) Every assessor commits an offence who contravenes section 16(3) and is subject to removal from position of assessor and a fine of no more than $100.
• (d) Every assessor commits an offence who contravenes section 16(5) and is subject to removal from position of assessor and a fine of no more than $100.
• (e) Every assessor commits an offence who contravenes section 16(6) and is subject to removal from position of assessor and a fine of no more than $100.

(2) The following apply to landlords--

• (a) Every landlord commits an offence who contravenes section 17(1) and is subject to a fine of no less than the dollar amount of the bribe offered or accepted, but no more than one-and-one-half times that amount.
• (b) Every landlord commits an offence who contravenes section 17(2) and is subject to a fine of no more than $500, or, in the case of repeated offences, imprisonment of no more than 2 months.

(3) The following apply to tenants and tenant-related persons where applicable--

• (a) Every tenant or tenant-related person commits an offence who contravenes section 18 and is subject to a fine of no less than the dollar amount of the bribe offered or accepted, but no more than one-and-one-half times that amount.

(4) The following apply to all persons--

• (a) Every person commits an offence who contravenes section 19(1) and is subject to a fine of no more than $300 or, in the case of repeated offences, imprisonment of no more than 2 months.
• (b) Every person commits an offence who contravense section 19(2) and is subject to a fine of no less than $500 or imprisonment of no more than 5 months.

22 Interpretation of Act if no tenant

If there is no tenant, including a prospective tenant, then any requirements in this Act for there to be a tenant may be ignored so long as there remains no tenant, unless there is mention in this Act of what to do in that case.

23 Evaluation of enforcement of Act

(1) The ministry must every year following the passage of this Act--

• (a) review the operation of this Act; and
• (b) review any information included in the form under section 8(3); and
• (c) review the purpose for the inclusion of the information referred to in section 8(3); and
• (d) review the ministry obligations in section 13 and how the ministry is carrying out these obligations; and
• (e) assess whether changes are needed to the enforcement of this Act; and
• (f) report the findings to the Minister.

(2) The minister must present a copy of the report to the House of Representatives as soon as is practiciable after receiving it.

B.131 - Rental Warrant of Fitness Bill - was sponsored and written by the Minister of Housing /u/KatieIsSomethingSad (Labour) on behalf of the Government.

Final reading will conclude at 4:00pm, 27 March 2019.