Mr Strick van Linschoten
-v-
Clúid Housing Association
Key words
Equal Status Act 2000 - Direct discrimination, section 3(1)(a) - Discrimination on the Race ground, section 3(2)(h) - Victimisation, section 3(2)(j) - Supply of goods and services, section 5(1) - Provision of accommodation, section 6.
Dispute
This dispute concerns a complaint by Mr Strick van Linschoten that he was discriminated against, contrary to section 3(2)(j) of the Equal Status Acts 2000-2004, by the Clúid Housing Association on the Race ground. He maintains that the Association have discriminated against him by refusing to grant him a move from his current accommodation in Tuam to his preferred choice of Clifden.
Delegation under the Equal Status Act, 2000
This complaint was referred to the Director of Equality Investigations under the Equal Status Acts 2000-2004. In accordance with her powers under section 75 of the Employment Equality Act 1998 and under the Equal Status Acts, the Director has delegated this complaint to myself, Brian O'Byrne, an Equality Officer, for investigation, hearing and decision and for the exercise of other relevant functions of the Director under Part III of the Equal Status Acts.
Evidence of Complainant
In response to queries as to how he first came to live in Ireland, Mr Strick van Linschoten explained that he is a Dutch national who lived in the Isle of Man for 9 years up until 2002. At that point, he was informed that his Dutch pension could not be paid to him after 2003 unless he moved to an EU country. As the cost of living was too high in the UK, he decided that he would move to Ireland.
Mr Strick van Linschoten had never lived in Ireland before. He said that initially he had no real preference as to where he would live in Ireland and eventually decided on Roscommon Town having seen property ads for the area. He moved to Ireland in 2002 and shortly afterwards rented an old vacant house in Roscommon town. Towards the end of 2003, he learned that the house was to be demolished.
He then started to make enquiries about alternative accommodation but learned that waiting lists existed for all local Council housing schemes. He did not formally apply for a local authority house.
He then learned about Cluid Housing Schemes from a leaflet and visited their offices. When he informed them that his current house was to be demolished, they agreed to include him on their own housing list. He was initially offered accommodation in Ballenagare but found that it did not suit his needs with regard to local facilities.
In January 2004, he was offered an apartment in St Jarlath's Court, Tuam. Having viewed the accommodation, he decided that it would suit his needs and agreed to take the flat. He moved into St Jarlaths on 17 February 2004 and says that he was very happy there for the first few months.
After a few months, some problems began to arise. Firstly he found that the Association had miscalculated his rent and in April 2004 raised it to €55 per week from the €42 he was paying initially. A similar situation happened with another Irish tenant who had moved into St Jarlaths at the same time.
He then discovered that he was not getting any electricity bills and when he brought this up with the Association, he was told to take the matter up directly with the ESB. He said that he did not like the attitude of the Cluid staff who dealt with him as he felt that they had no time for him.
In addition, he discovered that a fire alarm and fire doors were not operating properly in the apartment block. He brought this to Cluid's attention and they were fixed. However, he felt that the Association took a dislike to him as he was the only one who had complained. When he had appointments to meet Cluid staff, he was usually left waiting far beyond the appointed time or the meeting was cancelled at short notice.
In 2004, he also began to have problems with a neighbour in an adjacent apartment who was playing his television too loud. He brought the neighbour to court over this. His other neighbours then circulated a petition accusing him of harassing the neighbour and he felt that Cluid supported the petition. The neighbour subsequently moved out and the noise problem no longer exists. However, he says that some neighbours still "avoid him" because of the court case and that there is not a good "atmosphere" in the complex.
On account of these problems, he decided that it was not in his best interests to continue to live in St Jarlaths.
In June 2004, a new Cluid housing scheme was opened in Clifden. Having visited Clifden in 2003, Mr Strick decided that it was "a better place to live" and that the "atmosphere was much better" there. He then applied to Cluid Housing Association for a transfer to Clifden.
Mr Strick maintains that the Association should have agreed to his transfer request and refers to the following extract from their brochure which states:
Question "Can I transfer to another Cluid Housing Association scheme or to a local authority house?
Answer "Yes, a transfer to other Cluid Housing Association housing and local authority housing is possible. However, applications for transfer will not be accepted unless your circumstances warrant a move to alternative accommodation".
In support of his transfer request, Mr Strick submitted three doctor's notes between June 2004 and August 2006 stating that he had not settled in Tuam, that circumstances were having a detrimental effect on his mental and physical health and that a move to Clifden would be of therapeutic benefit to him.
Mr Strick claims that the Association's failure to accede to his transfer request constitutes discrimination on the race ground and victimisation against him for complaining about various issues in the past.
Respondent's Evidence
The Cluid Housing Association's role is to design, build and manage high quality affordable housing and facilitate the creation of homes and sustainable communities for those in housing need. It also provides 'special needs' housing for people with a particular need such as elderly people or people with disabilities. The Association is funded by the Department of the Environment and liases with Local Authorities in identifying areas with housing needs.
Cluid has an arrangement with the Local Authorities with regard to the allocation of new dwellings. The normal practice is for the Association to allocate from the Local Authorities waiting list. In circumstances where there is no one on the Local Authority's waiting list who might be suited to a Cluid dwelling, the Association refers to its own waiting list of applicants who have approached Cluid directly.
Mr Strick was not on any Local Authority waiting list when he first approached Cluid. Mr Strick came to them to seek alternative housing on the basis that his current accommodation was due to be demolished. Because of his age, Cluid deemed him to be a suitable candidate for sheltered elderly housing and placed him on their housing list.
Mr Strick was originally offered accommodation by Cluid in Ballenagare in late 2003 but he refused it because of the lack of local facilities.
When the sheltered elderly housing development came on stream in St Jarlaths in Tuam in early 2004, there were insufficient suitable candidates on the Local Authority list to fill all the vacancies. Asa result, Cluid turned to its own list and, with the approval of the Local Authority, offered Mr Strick an apartment which he accepted.
By all accounts, Mr Strick was very happy when he moved into St Jarlaths. Cluid accept that a number of issues arose involving Mr Strick but deny that he was treated less favourably than others because of his race.
The Association maintain that it was Mr Strick's "attitude" towards his neighbours and Cluid staff that led to the deterioration in relationships locally. In regard to the ESB bills, Cluid accept that they referred him to the ESB but this was because they had no control over the issuing of his ESB bills and this was explained to him at the time.
The Association also accepts that his rent was initially wrongly calculated at first. This was because, unlike most other residents who were paying €42 per week, the equivalent of their weekly rent allowance from the Government, Mr Strick's weekly income was higher. When his precise actual weekly income was established, his rent was raised from €42 to €55 a week. He he was not, however, asked to pay arrears.
With regard to the court proceedings, Cluid state that they were surprised at these developments. As landlords they would have expected Mr Strick to have raised the matter with them first with a view to the Association resolving it. He did not do so, however, but instead went directly to the courts.
The Cluid development in Clifden became available in mid 2004 and was geared towards accommodating a more elderly group of residents, specifically those who were former residents of the local St John's Long Stay Hospital or who were returning from abroad under the "Safe Home" scheme designed for elderly Irish nationals who had lived abroad for most of their lives. Because of the large number of such applicants on the Local Authority's list for Clifden, there was not enough accommodation available for all those on the Authority's list. As a result, no Cluid applicants were considered for Clifden in 2004.
Cluid state that there are still people on the Local Authority's list who are awaiting housing in Clifden which means that the Association is still precluded from nominating anyone for accommodation in Clifden. Even if accommodation did become available in Clifden, the Association say that they would still have a difficulty in recommending Mr Strick for a transfer as, in their opinion, there are still others on their list who are in greater need of housing than he is.
Only in cases where there was agreement between tenants in different towns to swap properties would Cluid be able to consider agreeing to the move.
With regard to Mr Strick's reference to their booklet and the comment that transfers are possible, the Association maintain that Mr Strick's circumstances do not warrant a move to Clifden as, in their opinion, he is adequately housed at the moment, the original noise problem no longer exists, he has never had any connection with Clifden and his social needs are adequately met in Tuam (doctors etc.).
Cluid Association deny that they have ever discriminated against Mr Strick or victimised him because of his race. The Association accept that some administrative errors have occurred in dealing with Mr Strick and that there may have been some degree of miscommunication on occasion. However, these are problems which have occurred with many residents and had nothing to do with the fact that Mr Strick was from Holland.
Conclusions of the Equality Officer
From consideration of the evidence and documentation submitted, I consider that the respondents are obliged to follow specific criteria in allocating housing units and that these criteria preclude them from assigning accommodation in areas where Local Authority demand still exists. For this reason, I am satisfied, that the Cluid Housing Association did not have the authority to allocate a house in Clifden to Mr Strick.
With regard to the complainant's allegations of discrimination and victimisation, I have considered the full circumstances of this case and can find no evidence to indicate that Mr Strick's race was the cause of him receiving less favourable treatment in his dealings with the respondents compared to other Cluid Housing residents. Indeed, with regard to the miscalculation of rent due, the complainant himself acknowledges that an Irish national was similarly affected by the error.
Decision
I find that the complainant has failed to establish a prima facie case of discrimination or victimisation on the race ground under the Equal Status Acts 2000-2004, in regard to the respondents dealings with him in 2004 and 2005. Accordingly, find in favour of the respondents in the matter.
Brian O'Byrne
Equality Officer
17 November 2006