Fact
File 
The
Commission for Racial Equality has launched its new statutory
code of practice on racial equality in housing
Building
racial equality in Britain's housing market
The
Commission for Racial Equality launched its new statutory
code of practice on racial equality in housing on the 2nd
October 2006 - a toolkit to eliminate racism from the housing
market.
The
code, which came into force on October 1, offers best practice
guidance to everybody operating in the housing sector: from
housing associations and estate agents to mortgage lenders
and building contractors, as well as tenants and private
landlords.
Trevor
Phillips, CRE Chair said: "There is a long history
of racial inequality in housing. Ethnic minorities are more
likely to be homeless and to live in overcrowded conditions.
Imposed 'segregation' through housing continues to pose
problems for social integration in some parts of the country
and for many people racial harassment is a continuing reality.
Today,
the CRE is publishes new guidance to address these issues
- drawn up in partnership with an advisory board of key
organisations from the public, private and voluntary sectors.
Following the code's guidance makes good business sense,
will avoid potential for discrimination and bring an end
to poor decisions which can lead to increased segregation,
leaving communities isolated from the mainstream".
Peter
Bolton King, Chief Executive at the National Association
of Estate Agents represented on the code's advisory
board, commented: "Designing the code to be a practical
document with workable solutions was a priority for the
board. We now have clear guidance which offers the potential
to address racial inequality without being an additional
burden on the sector."
David
Butler, Chief Executive Chartered Institute of Housing (CIH),
said:"As the professional body representing people
who work in housing across all sectors, and in all parts
of the UK, CIH welcomes the new code of practice on racial
equality in housing. CIH is committed to ensure that good
practice is translated into common practice and the code
provides practical guidance, examples and recommendations
which will help housing organisations promote equality and
diversity."
Key
points of the code:
-
new
sections on homelessness and partnership working
-
new
private sector specific and general summaries
-
50
examples illustrating good and unlawful practice
-
predicted
outcomes following implementation of the code's recommendations
What's
the aim of this code?
The
Statutory Code of Practice on Racial Equality in Housing
aims to explain the provisions of the Race Relations Act
1976 that are relevant to the provision of housing in England,
Scotland and Wales.
It
aims to:
-
set
standards for achieving racial equality;
-
provide
practical guidance that will help organisations and individuals
involved in all areas of housing to avoid unlawful racial
discrimination and harassment, promote equal opportunities
for all, and encourage good race relations; and
-
help
make sure that anyone who is considering taking a legal
case, or who has concerns about the way decisions on housing
matters have been made, understands the legislation, their
rights, and what constitutes good practice in the field
of housing
Who
does it apply to?
This
code will be useful to anyone involved in housing, as well
as to those who make decisions about providing housing,
opportunities for housing and services related to housing,
including developers, tenants and residents.
It
applies to all providers of housing and related services
in England, whether in the public, private, or community
and voluntary sectors, including landlords, 'arms-length'
housing organisations, large-scale voluntary transfer organisations,
planning bodies, house builders, housing advice providers,
private sellers and estate agents.
The
code covers all forms of housing tenure, including caravan
sites as well as 'bricks and mortar' housing. It also covers
housing provided as part of an employment contract, for
example tied housing, or housing provided for nurses, police
officers or prison officers by their employers.
What's
its legal status?
The
code is a statutory code. This means it has been approved
by the secretary of state and laid before parliament. The
code's recommendations do not have the force of law, but
they will be used by the tribunals and courts in considering
any questions arising in proceedings brought under the Race
Relations Act.
Why
was a new code needed?
The
CRE's two previous codes of practice on housing were issued
fifteen years ago. Since then, there have been several important
changes in the way housing is provided and managed in England.
For example, new social landlords have come into existence;
the housing association and private rented sectors have
grown considerably; the owner-occupied sector has continued
to thrive, with many more organisations and individuals
involved in this market; and the law on housing has changed.
The
context of racial equality work has also changed. Since
the publication of the original codes of practice, the Race
Relations Act has had two significant amendments; firstly,
the Race Relations (Amendment) Act 2000, which introduced
new statutory duties on public authorities, and then the
Race Relations Act 1976 (Amendment) Regulations 2003, which
incorporated the EU Race Discrimination Directive into UK
legislation.
This
new code also takes into account the many important social
and economic changes that have taken place over the past
decade and a half. For example, Britain's ethnic minority
population is no longer the same, with the arrival of new
migrants, including refugees. Integration and community
cohesion have become increasingly important considerations
for housing organisations and agencies. Also, while there
have been improvements for some ethnic minority groups,
significant differences still persist overall in the type
and quality of housing available to people from ethnic minorities,
who are more likely to live in inferior housing, and to
have fewer opportunities to improve their circumstances
than people from other groups
Background
to the code:
-
The
CRE carried out a three month consultation on a draft
code of practice on racial equality in housing during
the summer of 2005. We held eight events in England, Scotland
and Wales and received 79 questionnaires and 40 written
commentaries from separate organisations containing valuable
feedback.
-
The
CRE was encouraged to update its codes of practice in
employment by the Audit Commission and ODPM.
-
The
revised code of practice is a statutory document which
will be admissible as evidence in cases of discrimination.
It came into force in October 1 2006
-
The
original codes of practice on racial equality in rented
and non-rented housing came into effect in 1991 and 1992
respectively
-
For
more information about the code or to download a copy
here
About
the CRE- The Commission for Racial Equality
-
The
Race Relations Act 1976 makes it unlawful to discriminate
against anyone on grounds of race, colour, nationality,
ethnic or national origins. The Commission for Racial
Equality was established under the Act to work for the
elimination of discrimination, the promotion of equality
of opportunity and good race relations generally
-
The
Commission can advise or assist people with cases before
courts and employment tribunals and can conduct its own
investigations when it has grounds to believe discrimination
may be taking place.
-
Public
bodies have a duty to eliminate discrimination in the
way they work and to promote equality of opportunity and
good race relations. The Commission is working to help
them deliver this duty.
Information
supplied by The Commission for Racial Equality
More
information on the CRE at:Useful
Websites
See
also Pain Smith Solicitors
*
Legal Update 24th October 2006 - Code of Practice on Racial
Equality in Housing - Click
Here
*
PainSmith Solicitors are a niche practice
specialising in Landlord and Tenant Law. Based in Medstead
in Hampshire, they are ideally situated to provide an efficient
service to clients nationwide as well as those based in
Central London and the Home Counties.
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