The Workplace Relations Commission found that landlord Martina Byrne did not engage in prohibited conduct in her dealings with tenant Oleksandra Kuchera over a Housing Assistance Payment application. The WRC dated its decision 14 September 2022.
Kuchera said Byrne refused to approve and sign the HAP application. Byrne said the rent exceeded the scheme limit, and she reduced it by about 20%. The Council determined that Kuchera did not qualify for HAP, a conclusion Kuchera agreed with, and Byrne completed HAP forms twice.
The adjudicator found Kuchera was not receiving HAP and was not entitled to it, so she did not fall within the Act’s housing assistance discrimination definition. The WRC also found that Byrne had not refused to approve or sign the application: the Council determined eligibility, and Byrne completed the forms. The complaint was not well founded.