Agenda, decisions and minutes

At this point in the meeting, Members are asked to declare:

·        any personal interests not included on the Register of Interests

·        any prejudicial interests or

·        any disclosable pecuniary interests

which they may have in respect of business on this agenda.

At this point in the meeting, the Executive Member was asked to declare any personal interests not included on the Register of Interests or any disclosable pecuniary interests which they had on the business on the agenda. No additional interests were declared.

To approve and sign the minutes of the meeting held on Thursday 21 June 2018.

Resolved:  That the minutes of the meeting held on 21 June 2018 be approved and then signed by the Executive Member as a correct record.

At this point in the meeting, members of the public who have registered to speak can do so. The deadline for registering is 5.00pm on Wednesday 18 July 2018.  Members of the public can speak on agenda items or matters within the Executive Member’s remit.

To register to speak please contact the Democracy Officers for the meeting, on the details at the foot of the agenda.

Filming, Recording or Webcasting Meetings

Please note that, subject to available resources, this meeting will be filmed and webcast, or recorded, including any registered public speakers who have given their permission.  The broadcast can be viewed at http://www.york.gov.uk/webcasts or, if recorded, this will be uploaded onto the Council’s website following the meeting.

Residents are welcome to photograph, film or record Councillors and Officers at all meetings open to the press and public. This includes the use of social media reporting, i.e. tweeting.  Anyone wishing to film, record or take photos at any public meeting should contact the Democracy Officers (contact details are at the foot of this agenda) in advance of the meeting.

The Council’s protocol on Webcasting, Filming & Recording of Meetings ensures that these practices are carried out in a manner both respectful to the conduct of the meeting and all those present.  It can be viewed at

https://www.york.gov.uk/downloads/file/11406/protocol_for_webcasting_filming_and_recording_of_council_meetings_20160809

It was reported that there were no registrations to speak and two written representations in relation to item 5 under the Council’s Public Participation Scheme. The written representations were:

-       a consultation response from the British Legion concerning the City of York Common Allocations Policy which contained a number of recommendations.

-      a letter from Steve Galloway, a local resident, who was disappointed not to see the ‘good tenant’ scheme included in the new CYC Housing Policy.

This report outlines the new statutory duties regarding HMOs, proposing amendments to the existing HMO Implementation policy and changes  to the fee structure to  reflect the impact  of those new duties on the service.

Resolved: That the new duties imposed on the council relating to the following, be noted;

i.             The extension of mandatory HMO licensing to smaller HMO’s

ii.            The introduction of two new conditions, imposing minimum room sizes for sleeping accommodation and waste storage conditions at HMO properties.

and;

That  option 1 be approved as follows:

To agree the altered implementation policy to include;

                                     i.        risk assessing application forms to determine the time of our visit within the 5 year period, prioritising non-compliant properties first

                                    ii.        a  refresh of our existing fees, taking into consideration the new duties placed on our teams

Reason:     The Council has a statutory duty to implement the new legislation, by adopting the new HMO policy it will continue to raise standards in the poorest performing sector. 

The Executive Member considered a report that outlined new statutory duties in relation to Houses in Multiple Occupation (HMO), put forward amendments to the existing HMO implementation policy and changes to the fee structure to reflect the impact of those new duties on the service.

Officers gave insight into the new statutory duties, stated that they expected around 700 new applications as a result and that this would put a significant stress on the department. The officer recommendation was to use risk assessment application forms to determine whether an HMO was compliant. It was noted that the income generated by issuing licenses prior to visitation would help fund the increased number of inspections.

The Executive Member asked for clarification on how officers intended to ensure that properties and applicants were compliant via the risk assessment form.

Officers stated that any applicant completing the risk assessment form would be confirming that the information entered was correct and if any discrepancies were noted during at a later stage, a fine of up to £30,000 would be enforceable.

Resolved: That Option 1 be approved as follows:

To agree the altered implementation policy to include;

                                     i.        risk assessing application forms to determine the time of our visit within the 5 year period, prioritising non-compliant properties first

                                    ii.        a  refresh of our existing fees, taking into consideration the new duties placed on our teams

Reason:     The Council has a statutory duty to implement the new legislation, by adopting the new HMO policy it will continue to raise standards in the poorest performing sector.

The report sets out a proposal to leave the North Yorkshire Home Choice partnership and agree a CYC Housing Allocations Policy. This is in order to better suit the needs of York and integrate a new Housing IT system.

Resolved:  To agree option 1 and leave the North Yorkshire Home Choice Partnership, adopt the proposed City of York Council allocations policy and agree to retain a Choice Based Letting (CBL) system. The new policy will not be implemented until the introduction of the new Housing IT system however agreement is required in advance to inform the tender and design of the new system

Reason:     The sub regional NYHC partnership and allocation policy no longer meets the needs of York which are at variance to the sub regional partners. The NYHC system is an administrative burden and York wishes to integrate the4 Choice Based Lettings system with the new Housing IT system

The Executive Member considered a report suggesting that York leave the North Yorkshire Home Choice (NYHC) partnership and agree to a City of York Council Housing Allocations Policy.

Officers highlighted that the North Yorkshire Home Choice system was an administrative burden and that York having its own allocations policy allowed for a more local specific policy that met the wider needs of York residents.

Officers stated that a negative to leaving the NYHC partnership was that ‘migration’ would be more difficult. However, officers stated that that there was provision for cross-migration and that ‘mutual exchange’ could also assist with requests of this nature.

In response to a written representation from the British Legion, officers stated that:

-      They were mindful of the forces covenant when devising policies.

-      ‘Reservists’ are included within the term ‘Armed Forces’ with the caveat around injury, illness and disability.

-      Any extension to cover all reservists and separated spouses would need further consideration and analysis as this would significantly increase eligibility.

-      There was an option for officer discretion in exceptions to the local connection criteria and that cases would be looked at on an individual basis.

-      There was a commitment to ongoing staff training, to ensure that staff were able to carry out the policy as intended.

In response to a question from the Executive Member relating to the consultation, officers stated that the policy captured the best elements of the NYHC, including choice based lettings, and it eliminated waste on the housing register. It was noted that having an individual policy for York meant that more Council resources would be freed from helping to administrate and oversee the NYHC.

In response to the second written representation from Mr Steve Galloway, officers explained that there were contingencies to balance the benefits and constraints of the ‘good tenant’ scheme and that mutual exchanges, management transfers and the direct let process gave residents the opportunity to move, especially in cases of harassment. Officers highlighted that the ‘good tenant’ scheme had a number of flaws such as having to wait 3 years for qualification and the potential abuse of the system, both of which would not be the case under the new policy.

The Executive Member accepted both written representations on this issue and thanked the residents for their time and effort in making them.

The Executive Member acknowledged the reduction of the bronze waiting list for Housing allocation. Officers explained that this was due to a more transparent approach with residents.

Resolved:  That Option 1, to leave the NYHC partnership and adopt the proposed CYC allocations policy, be approved.

Reason:     The sub-regional NYHC partnership and allocation policy no longer meets the needs of York. The NYHC is an administrative burden and York wishes to integrate the Choice Based Lettings system with a new Housing IT system.