Corporation moves against drug tenants

FROM September next, Cork Corporation will assume the right to re enter any of the local authority houses under its control and…

FROM September next, Cork Corporation will assume the right to re enter any of the local authority houses under its control and take possession of the premises, should any of its occupants be convicted of an offence involving drugs.

However, the new policy must be approved by the Department of the Environment before it is implemented.

The policy follows a campaign by Cork solicitor, Councillor Colm Burke, who proposed last February that all standard letting agreements for any future letting of a local authority premises should include the following clause:

"That Cork Corporation shall have the right to re-enter upon and assume possession of the premises in the event of the tenant or any member of the household being convicted of an offence under the Misuse of Drugs Act 1977 and 1984 and any subsequent amendment thereof."

READ MORE

Councillor Burke's motion was referred by the Housing Committee of the Corporation to its legal department for advice and it has now been recommended that: "The existing letting agreement be revised along the lines suggested by Councillor Colm Burke in his motion."

The new agreement will be signed for all new tenancies, including transfers, as soon as the documentation is finalised. It is understood that this process will be complete by next September.

The Corporation's legal department has also recommended:

(a) "Amending Cork Corporation's scheme of letting priorities to reflect the policy of allowing consideration to be given to any history of criminal or anti social behaviour of a housing applicant or member of his/her household and thus enabling the Corporation to take this history into account when allocating a dwelling. (b) "The Corporation will build up a relationship with the local gardai on the exchange of information and will request gardai to give evidence in court when appropriate.

(c) "Cork Corporation is aware of the wider implications of introducing these new arrangements and feels that on along term basis amending legislation is needed to give express power to a local authority to evict tenants or other occupiers' of houses who have drugs related convictions or, where there is any other evidence, of drugs related or general anti social behaviour."

If such legislation is introduced, it might also extend to placing on a firm statutory footing the rights of the Housing Authority to take into account drugs related and other criminal convictions in a housing applicant or any member of the household of such applicant.

The request for new legislation will be submitted to the Department of the Environment.

Last night, Councillor Burke said he welcomed the Corporation's decision.