Housing (Regulation of Approved Housing Bodies) Act 2019

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PART 3

Regulation of AHBs

Chapter 1

Registration

Eligibility criteria for application to register as AHB

25. (1) A person shall be eligible to apply under section 27 for registration as an AHB if the person meets the criteria (in this Act referred to as the “eligibility criteria”) in subsection (2).

(2) The eligibility criteria are that the person—

(a) is—

(i) a company, with at least 5 directors, that is—

(I) a company limited by guarantee within the meaning of Part 18 of the Act of 2014, or

(II) a designated activity company falling within paragraph (b) of the definition of “designated activity company” in section 963 of the Act of 2014,

(ii) a registered society,

(iii) a friendly society within the meaning of the Friendly Societies Acts 1896 to 2018, or

(iv) a charitable trust, with at least 5 trustees, that is a registered charitable organisation,

and

(b) includes in its constitution—

(i) either or both of the following as its primary object or primary objects:

(I) the provision of dwellings for the purpose of the alleviation of housing need;

(II) the management of dwellings provided for the purpose of the alleviation of housing need, whether or not it provides those dwellings,

and

(ii) provisions—

(I) prohibiting the distribution of any surplus, profit, bonus or dividend to members or directors or other persons, and

(II) requiring that all of its property (both real and personal) be applied solely in furtherance of its primary object or primary objects specified in subparagraph (i), except for moneys expended in the operation and maintenance of the person, including moneys paid in remuneration and superannuation of members of its staff.

(3) In this section references to the provision of dwellings for the purpose of the alleviation of housing need mean the provision of dwellings, in the State, with assistance given by a housing authority under section 6 of the Act of 1992—

(a) for letting to persons assessed under section 20 of the Act of 2009 as being eligible for social housing support (within the meaning of that Act),

(b) for letting to persons who are not qualified for social housing support (within the meaning of the Act of 2009) but whose income would not be adequate to meet the rental payments for a dwelling to meet the person’s reasonable accommodation needs because the rental payments calculated over the course of a year would exceed 35 per cent of that person’s annual income net of income tax and pay related social insurance, or

(c) for sale under affordable dwelling purchase arrangements under Part 5 of the Act of 2009 to eligible households (within the meaning of Part 5 of the Act of 2009).