Housing ACT tenants sue territory government for seeking evictions in growth and renewal public housing program

Yvette Van Loo and two other women, who asked to remain anonymous, have filed ACT Supreme Court claims that allege the government sought to interfere with their homes in an "unpredictable and unjust manner" by seeking to remove them pursuant to the Growing and Renewing Public Housing program.

The plaintiffs are seeking an order to declare that the decisions by the government, notably the social housing commissioner and a number of employees involved, to earmark the trio's homes for sale or redevelopment under the program were arbitrary and thereby breached the Human Rights Act.

Specifically in relation to the freedom from torture and cruel, inhuman, or degrading treatment; right not to have their privacy interfered with unlawfully; and, freedom of movement.

The plaintiffs, represented by Ken Cush and Associates, said when they picked up their keys, they were told words to the effect of "this is your home for life" and "don't worry, you'll never have to move again".

One plaintiff, in her 50s, said she was told in 2020 that the program was voluntary and that there was "no need to worry".

But in February this year, she said she was told the program was now mandatory and she needed to move.

Ms Van Loo and one of the other plaintiffs, both in their 70s with medical conditions, had their applications for exemptions rejected.

In their supporting affidavits, one plaintiff, who has lived at a Yarralumla property for 29 years, said she remembered "weeping when I went to collect the keys".

She alleges that in her case as an Indigenous woman, the government also breached the human rights section relating to cultural and other rights of Aboriginal and Torres Strait Islander peoples and other minorities.

"I am a proud Kamilaroi woman. I was born on Ngunnawal and Ngambri country and I have connection to this land," she said.

"If I was required to leave my home, it would have a catastrophic impact on my mental health, my ability to care for my family and friends, and my connection to country.

"I feel powerless. I am afraid. I am consumed by anguish."

Another plaintiff, who moved from Croatia to Australia in the 70s, said she and her children lived at a refuge centre while on the ACT Housing waiting list.

Having lived at a Griffith property for 27 years, she said when she performed errands, it became a social outing because of the relationships she had developed.

The tenant said she "is attached emotionally and spiritually to my house" and that she could feel the presence of her sister, who died in 2010, in her home.

"To potentially lose this connection with my sister devastates me as it would be a process of mourning the loss of my sister all over again while also mourning the loss of my home," she said.

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Ms Van Loo, who has lived at an Ainslie house for 41 years, in her affidavit spoke about the pride she has for maintaining and transforming her home, including a "bountiful vegetable garden", cubby house, hand-made patio, and barbecue area.

She also noted her strong community ties and involvement, including her organising a petition in the 1980s to preserve the old Ainslie House that resulted in the suburb being classified as a heritage precinct.

"There is no way I could replicate such a perfect, friendly environment elsewhere," Ms Van Loo said.

Another order the plaintiffs seek is for the commissioner not to take any steps to remove them from their homes.

The program began in 2015 and up to 2019, it renewed 1288 older properties into smaller density homes across the ACT.

Until 2025, the program aims to deliver at least 1400 properties, comprising 400 additional properties and renewing 1000 existing ones.

ACT Minister for Housing Yvette Berry and Minister for Housing Services Rebecca Vassarotti in June wrote in The Canberra Times that the program "has been established to provide more homes for more people, as well as ensuring that homes we provide through public housing are accessible, are better able to be maintained, and are climate-wise".

The ministers said that to build hundreds more homes for people who need them, some tenants are being asked to move and they would be "supported to move into homes that better suit their needs".

The cases, which are also arguing the actions were procedurally unfair, are set to come before the court on Friday morning for administrative hearings.

The government has not yet filed responses.

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