If you’re a social housing tenant or applicant, you can appeal a social housing provider’s decision.
Appealable decisions include those relating to:
- housing eligibility, offers and services
- waiting list prioritisation
- property transfers
- rental subsidies
- tenancy recognition and succession
- relocation offers
- location or housing type needs
- property modifications.
To appeal a decision, you'll first need to request an internal review by the housing provider (first level appeal).
If your first level appeal is not resolved to your satisfaction, you can lodge a second level appeal to receive an independent review by the Housing Appeal Committee (HAC).
Social housing tenants and applicants can appeal a decision made by a community housing provider or NSW Department of Communities and Justice (DCJ) Housing if it's believed that:
- inadequate consideration was given to individual circumstances, or
- the decision was made contrary to policy or involved a poor interpretation of policy, or
- the procedure used to reach the decision was not fair and correct.
What you need
- your name, date of birth and contact details
- a description of the decision you’re appealing, including the reasons for the appeal
- your housing file number (if applicable)
- your interpreter and hearing loop service needs (if applicable)
- your advocate's name and contact details (if applicable).
If you're unable to apply online, you'll need the:
- PDF form – 'First Level Appeal Application'
- PDF form – 'Second Level Appeal Application' (if applicable).
How to appeal
- Lodge a first level appeal application by completing:
- If your first level appeal is not resolved to your satisfaction, you can lodge a second level appeal application by completing either:
Once your first level appeal application is lodged, the housing provider will:
- review the decision with officers who were not involved in making the original decision
- offer you a phone or in person interview to provide further information, if the outcome of the first level appeal is not in your favour.
Once your second level appeal application is lodged, the HAC will:
- send you a letter to confirm receipt of your appeal application
- request your file from your housing provider
- notify you in writing of your hearing date and time (usually within 4 weeks of receipt of your file from your housing provider)
- review your appeal application and provide a recommendation to the original decision maker (after your hearing)
- send you a report with the outcome of your appeal application (approximately 2 weeks after your hearing).
- Hearings are informal and consist of a 30 to 50 minute interview in person or by phone. At your hearing:
- you can bring family, friends or advocates to assist you
- you have access to a professional interpreter and hearing loop services, if needed
- there will be an Aboriginal committee member, if you’re appealing as an Aboriginal or Torres Strait Islander person.
- You should appeal to the HAC within 3 months of your first level appeal result. However, some decisions require specific appeal timeframes.
- The first level appeal will generally be completed within 20 working days from the date of your application. The second level appeal generally takes between 6 and 8 weeks.
- lf the HAC recommends a change of decision, the housing provider normally reports back within 4 to 6 weeks. Usually housing providers agree with HAC recommendations.