Green MP Chlöe Swarbrick recently introduced the Residential Tenancies (Healthy Homes Certification Scheme) Amendment Bill, aimed at enhancing the living conditions of rental properties.
2023 Healthy Homes Bill
The proposed bill mandates that all landlords comply with a certification process, ensuring that their properties meet healthy homes standards. The certification would be authorised and regulated by certified inspectors.
Under this bill, landlords would be required to provide proof of certification at the beginning of each tenancy and renew it every four years. The cost of certification is estimated to be around $150 to $300.
The certification would encompass obligations outlined in other relevant laws and regulations, such as the Building Act, fire safety legislation, and emergency protocols. This is especially pertinent in light of recent incidents, such as the Loafer's Lodge fire in Wellington.
Currently, the onus is on landlords to ensure compliance with the law, with Tenancy Services conducting periodic assessments. Interestingly, the existing rules allow anyone, including landlords themselves, to certify a property. However, the government lacks data on the number of private rental properties meeting Healthy Homes Standards.
Landlords failing to meet Healthy Homes Standards would be in breach of the Residential Tenancies Act 1986 and could be liable for exemplary damages of up to $7,200. The lack of regulation in the industry makes it easy for non-compliant landlords and property management companies to evade responsibility.
The proposed bill aims to hold rogue operators accountable, but some concerns have been raised.
Critics argue that the legislation should apply to all houses, not just rentals, and should also address owner-occupied homes, Airbnbs, motels, and retirement homes.
They fear that the added costs of compliance may lead to rent increases and landlords leaving the already challenging rental market, ultimately leaving tenants in a worse position.
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