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Eligibility to register as a rental housing agency in Victoria

This section details eligibility criteria for rental housing agencies seeking registration in Victoria.

To obtain registration in Victoria as a registered agency, an organisation must satisfy the Registrar of Housing Agencies (Registrar) that it:

  • meets all criteria specified within Schedule 7 of Part VIII of the Housing Act 1983 (Vic) (Housing Act)
  • has the capacity to meet gazetted Performance Standards

The information below outlines the criteria under the Housing Act to be eligible to apply for registration in Victoria.

Extract from Schedule 7 - registration criteria

General

  • The rental housing agency must be a non-profit body.
  • The rental housing agency must be established to provide affordable rental housing to people on low incomes.
  • To be registered as a registered housing association the rental housing agency must be a company limited by shares or by guarantee.
  • To be registered as a registered housing provider the rental housing agency must be a company limited by shares or by guarantee or a co-operative or an incorporated association.
  • The rental housing agency must not be a subsidiary or acting as a trustee for any person other than a registered agency (unless approved by the Registrar).

Constitution - objects and powers

  • The rental housing agency's statement of objects must include an object to the effect of one of the following:
    • to promote the relief of poverty, sickness or the needs of the aged by providing affordable rental housing to persons in housing need as low-income households, or through infirmity or age
    • to promote other purposes beneficial to the community through the provision of affordable housing and associated services
  • Relevant powers exist in the rental housing agency’s constitution, including the power to acquire and dispose of property, enter into contracts and joint ventures with any public or private entity, and apply for and accept grants and loans.

Constitution - additional provisions

  • The constitution or rules of the rental housing agency may only be amended by special resolution in accordance with the legislation under which the rental housing agency is incorporated.
  • The assets and income of the rental housing agency must be applied solely for the purposes for which the rental housing agency is incorporated.
  • In the event of the rental housing agency being wound up, any surplus assets remaining after payment of its liabilities must be transferred to another registered agency under the Housing Act, approved by the Registrar under that Act, with similar purposes and which is not carried on for the purposes of profit or gain to its members.

Capacity to meet Performance Standards

The registration criteria under the Housing Act requires registered agencies to demonstrate capacity to meet Performance Standards. Applicants must demonstrate capacity to meet Performance Standards in compliance with the Registrar’s Evidence Guidelines. The Evidence Guidelines list the minimum documentation the Registrar expects from rental housing agencies to demonstrate compliance with Performance Standards.

Find more information in the Housing Act.

Reviewed 25 February 2021

Housing Registrar

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