Hate Crimes - what housing help is available to victims?

Over the last few months there has been a noticeable increase in the number of hate crime attacks reported in the local media. These attacks are primarily targeted at the homes of people from minority ethnic groups.

In some cases, the Housing Executive may have a statutory duty to help people who have been the victims of hate crime.  (Please note that some migrants may not be eligible for help due to their immigration status. In this case, you should contact Housing Rights Service for advice). The Housing Executive may have to

• help the person find somewhere else to live
• help the person to sell their home or
• help to make the person’s home more secure.

Can a person be homeless after a hate crime?

After being attacked, a person may decide that they can’t continue to live in their current home. If they’ve been subject to or are at risk from violence, these people can ask the Housing Executive for help.
Clients in this situation should contact the Housing Executive and request that a homelessness assessment be carried out under the Housing (NI) Order 1988, as amended.

The Housing Executive may find that the person qualifies for intimidation points under the Housing Selection Scheme.  This can happen where, as a result of a terrorist, racial or sectarian attack or an attack motivated by hostility because of an individual’s disability or sexual orientation:

• the person’s home has been destroyed or seriously damaged OR
• the person cannot reasonably be expected to live, or to resume living in their home, because there is a serious and imminent risk that they or a member of their household would be killed or seriously injured

If the Housing Executive believes that the person was intimidated it will award 200 Intimidation points and 70 homeless points and place the person on the waiting list. An award of intimidation points will also mean that the Housing Executive has a duty to rehouse this person and to provide him or her with temporary accommodation until the duty to provide permanent accommodation has been exhausted.

The Housing Executive also has a duty to offer temporary accommodation to the person during the homeless investigation if the person is homeless and seems to have a priority need i.e. a vulnerability.
Helping intimidated homeowners sell their homes

The Scheme for the Purchase of Evacuated Dwellings (SPED), run by the Housing Executive, can help homeowners who have left their homes because of an attack or intimidation.

The Housing Executive may purchase a property under SPED where the owner is unwilling or unable to continue to occupy the property because he or she has been violently attacked, threatened with violence or intimidated.

Most properties acquired under SPED will be resold on the open market, but some may be offered for sale to Registered Housing Associations.

In order to qualify, applicants must satisfy the following conditions:

• The house must be owner-occupied and must be the owner’s only or principal home, and
• There must be evidence, substantiated by the PSNI, that it is unsafe for the applicant or a member of their household residing with him/her to continue to live in the property, because that person has been directly or specifically threatened or intimidated and as a result is at risk of serious injury or death.

It can be difficult to qualify for SPED.  The Housing Executive cannot continue with the scheme until the PSNI issues a certificate, signed by the Chief Constable, confirming the risk to the property owner.  The PSNI may not always find that a hate crime indicates that the lives of the people who have been targeted are at risk.

Earlier this year, we reported on a court case where the PSNI’s decision to refuse to issue a certificate to an intimidated homeowner was quashed. If your client’s application for SPED has been turned down, get in touch with Housing Rights Service.

Help to secure a home after a hate crime

If a person has been the victim of a crime or if their home has been attacked because of their race, disability, political opinion or religious belief then they may be eligible to get personal and home protection measures under the Hate Incidents Practical Actions Scheme. A hate crime can include:

• racist incidents
• sectarian/religious incidents
• homophobic incidents
• disability related incidents.

The scheme is a partnership initiative between the Community Safety Unit of the Department for Justice, Police Service of Northern Ireland and the Housing Executive.  All hate incidents must first be reported to the police to be eligible for support. 

If the hate incident is confirmed by the police, then minimum repairs can be carried out to secure the property and person, such as:

• securing the property;
• temporary wind and watertight repairs;
• removal of the occupant’s property to a Housing Executive storage facility where re-housing is deemed necessary.

The Police Service of Northern Ireland is to introduce a new dedicated phone line for reporting racist hate crime that is accessed through their 101 number.