Department of Housing hereby publishes the draft Rental Housing Amendment Bill, 2006 for public information, discussion and comment.
BILL To amend the Rental Housing Act, 1999, so as to revise a definition; to make further provision for rulings by Rental Housing Tribunals; to expand the provisions pertaining to leases; to make further provision for the filling of vacancies in Rental Housing Tribunals; and to provide for matters connected therewith.
"(1) In advertising a dwelling for purposes of leasing it, or in negotiating a lease with a prospective tenant, or during the term of a lease, a landlord may not unfairly discriminate against such prospective tenant or tenants, or the members of such tenant's household or the [bona fide] visitors of such tenant, on one or more grounds, including race, gender, sex, pregnancy, marital status, sexual orientation, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, language and birth."
"(4) The rights set out in subsection (3) apply equally to members of the tenant's household and to [bona fide] visitors of the tenant."
financial institution, and the tenant may during the period of the lease request the landlord to provide him or her with written proof in respect of interest accrued on such deposit, and the landlord must provide such proof on request: Provided that where the landlord is a registered estate agent as provided for in the Estate Agency Affairs Act, 1976 (Act No.
in relation to contract fees shall only be payable by the tenant won proof of actual expenditure by the landlord.
of this subsection.
"(13) A ruling by the Tribunal is deemed to be an order of a magistrate's court in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944) and shall be enforced in terms of that Act."
This Act is called the Rental Housing Amendment Act, 2006.
The Rental Housing Amendment Bill, 2006, endeavors to address certain implementation problems which have been encountered since the promulgation of the Rental Housing Act, 50 of 1999 (the Act) on 1 August 2000.
2.1 The definition of an "unfair practice" is substituted to widen its ambit.
2.2 Section 4 of the Act is amended to expressly provide for Rental Housing Tribunal rulings regarding the seizure of possessions and the repossession of rental housing property.
2.3 Section 5 of the Act is amended to clarify aspects pertaining to the issuing of receipts by the landlord, the payment of deposits by tenants, and to insert a provision dealing with the costs associated with compliance with the provisions of section 5.
extend the period allowed for the filling of vacancies from the current 1 month to 3 months; and provide that the deputy chairperson of the Tribunal must be suitably qualified.
to allow Rental Housing Tribunals to make a ruling that a person must comply with the provisions of the Act; and to provide that rulings by Rental Housing Tribunals must be enforced in terms of the Magistrates' Courts Act, 32 of 1944.
Section 15 of the Act is amended to empower the Minister to make regulations, whereas in the past this power vested in the MEC's.
This amendment has been necessitated by the need to ensure uniformity throughout the country with regard to procedures followed by Rental Housing Tribunals as well as rulings made by it.
Written representations were requested and received from provinces and existing Rental Housing Tribunals.
The Bill is to be dealt with in terms of the procedure as provided for in section 76 of the Constitution.