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Code of Practice on Racial Equality in Housing
The new code came into effect on 1st October 2006. It replaces the statutory codes of practice in rented and non-rented housing issued by the Commission of Racial Equality (CRE) between 1990 and 1991.
What's the aim of this code?
The Statutory Code of Practice on Racial Equality in Housing aims to explain the provisions of the Race Relations Act 1976 that are relevant to the provision of housing in England, Scotland and Wales.
It aims to:
- set standards for achieving racial equality;
- provide practical guidance that will help organisations and individuals involved in all areas of housing to avoid unlawful racial discrimination and harassment, promote equal opportunities for all, and encourage good race relations; and
- help make sure that anyone who is considering taking a legal case, or who has concerns about the way decisions on housing matters have been made, understands the legislation, their rights, and what constitutes good practice in the field of housing.
Who does it apply to?
This code will be useful to anyone involved in housing, as well as to those who make decisions about providing housing, opportunities for housing and services related to housing, including developers, tenants and residents.
It applies to all providers of housing and related services in England, whether in the public, private, or community and voluntary sectors, including landlords, 'arms-length' housing organisations, large-scale voluntary transfer organisations, planning bodies, house builders, housing advice providers, private sellers and estate agents.
The code covers all forms of housing tenure, including caravan sites as well as 'bricks and mortar' housing. It also covers housing provided as part of an employment contract, for example tied housing, or housing provided for nurses, police officers or prison officers by their employers.
What's its legal status?
The code is a statutory code. This means it has been approved by the secretary of state and laid before parliament. The code's recommendations do not have the force of law, but they will be used by the tribunals and courts in considering any questions arising in proceedings brought under the Race Relations Act.
Why was a new code needed?
The CRE's two previous codes of practice on housing were issued fifteen years ago. Since then, there have been several important changes in the way housing is provided and managed in England. For example, new social landlords have come into existence; the housing association and private rented sectors have grown considerably; the owner-occupied sector has continued to thrive, with many more organisations and individuals involved in this market; and the law on housing has changed.
The context of racial equality work has also changed. Since the publication of the original codes of practice, the Race Relations Act has had two significant amendments; firstly, the Race Relations (Amendment) Act 2000, which introduced new statutory duties on public authorities, and then the Race Relations Act 1976 (Amendment) Regulations 2003, which incorporated the EU Race Discrimination Directive into UK legislation.
This new code also takes into account the many important social and economic changes that have taken place over the past decade and a half. For example, Britain's ethnic minority population is no longer the same, with the arrival of new migrants, including refugees. Integration and community cohesion have become increasingly important considerations for housing organisations and agencies. Also, while there have been improvements for some ethnic minority groups, significant differences still persist overall in the type and quality of housing available to people from ethnic minorities, who are more likely to live in inferior housing, and to have fewer opportunities to improve their circumstances than people from other groups.
How can I get copies of the code?
Statutory code of practice on racial equality in housing (England) (This link will open in a new window)or visit www.cre.gov.uk (This link will open in a new window).
