Housing test in mould case

THE state’s public housing provider could be found to have discriminated against a South Hobart resident for failing to transfer him out of his mouldy unit.

Tasmania’s Anti-Discrimination Commissioner Sarah Bolt confirmed she has accepted Milles St resident Matthew Rooke’s complaint under the Anti-Discrimination Act because of possible discrimination breaches by Housing Tasmania.

Mr Rooke alleges when he moved into the unit he discovered a lack of bathroom ventilation, leaking gutters and rotting carpet.

Due to disorientation, he sought medical care and received medical certificates recommending he be transferred.

Reports from two separate GPs found Mr Rooke’s ailments, including nose bleeds, ear aches and chest pains were linked to his unit’s conditions. Ms Bolt said Mr Rooke’s complaint showed potential breaches of the Act because of: DIRECT and indirect discrimination against him on the basis of disability, in connection with accommodation and the provision of facilities, goods and services. CONDUCT that is offensive, humiliating, intimidating, insulting or ridiculing of him on the basis of disability in relation to the property.

A section of the Anti-Discrimination Act defines disability as “the presence in the body of organisms causing or capable of causing disease or illness”.

A Department of Communities Tasmania letter Mr Rooke received last month says eligibility guidelines found he was not eligible for a housing transfer.

The 42-year-old said he had spent months sleeping in his car to avoid the unit’s clammy conditions. Mould testing by Healthy Homes Tasmania, at the Mercury’s request, found readings were about four times higher than what experts suggest is acceptable.

Tenants Union Tasmania Ben Bartl said Mr Rooke’s complaint would act as a test case that, if successful, “will force all landlords to ensure that their properties are safe”.

“Over many years we have received hundreds of phone calls from tenants living in mouldy properties,” he said.

“Currently, tenants are not able to terminate their lease agreement without penalty for medical reasons, even in circumstances where due to the mould they are unable to live in the property.”

Ms Bolt said Mr Rooke’s complaint could be resolved through a conciliation conference between him and Housing Tasmania scheduled for next month. Housing Tasmania was contacted for comment.