Property Matters – Housing Issues – part 3

hdc-logo

SIDEBAR

  • We all know of single persons who get new three-bedroom HDC homes, while entire needy families remain trapped on the waiting-list.
  • We have all seen nifty HDC developments and known that ‘That development is way too nice for any poor person to live in there’.
  • The actual distribution of new HDC homes shows the actual targets. HDC figures on distribution of new homes as at September 4th 2013 show 22% for rent and 78% sold (approx).
  • In 2014 the monthly income limit to apply for a new HDC home was increased to $45,000. According to the Salaries Review Commission’s 2013 Report, that figure exceeds the salaries paid to Ministers in our Cabinet, Appeal Court Judges, The Ombudsman, The Auditor General and the Head of the Public Service/PS to the OPM. That is how far astray our housing policy has gone.
  • The Housing policy is being implemented so as to promote home-ownership. This approach does not benefit the poorer applicants who cannot afford mortgages.

This week I will be examining the allocation policy in greater detail.

The PP administration took issue with the housing policy, very late in their term of office and only in reference to disabled persons and persons whose life had been threatened –

“Moonilal plans to review housing policy” in Newsday of Sunday, July 26 2015

“…Moonilal said Government has been satisfying the Cabinet-approved National Housing Allocation Policy 2008, which allows for 60 percent of housing to be distributed by random draw, 25 percent by ministerial discretion, ten percent by protective services, and five percent for senior citizens and the physically challenged….”

Those intentions to review housing policy were limited and in any case, the PP lost the September 2015 general election.

It was staggering to learn that the monthly income limit for HDC housing had been increased to $45,000 at some point in 2014. That significant and detrimental policy shift must have been done very quietly.

One of the early policy announcements of the new PNM administration was that the monthly income limit would revert to the previous level of $25,000. That policy change caused some controversy and even sparked some baseless talk of lawsuits. One of the concerns was as to the status of those persons who had qualified under the $45,000 limit – Would they lose their place in the queue? The decision was made to preserve the entitlements of those who had qualified under the $45,000 income ceiling.

All of that concern was in my view misplaced, since it did not address the needs of the poorest applicants. Continue reading “Property Matters – Housing Issues – part 3” →

Formal Submission to Joint Select Committee – The Whistleblower Protection Bill, 2015

This is my formal submission on these important proposals, which are intended to give protection to persons reporting wrongdoing in public or private bodies. Most fraud and white-collar crime is reported by ‘tips’, so the effective tool has to be ‘If you see something, say something’. We also need to push for more effective investigations and prosecutions, but first we need high-quality information.’

Property Matters – Housing Issues – part 2

The previous column outlined the provisions of the current housing policy and some of the implications arising from those. I provided data on housing distribution by tenure and also stated a preliminary view, dismissing the major allegations made against Marlene McDonald – the current Housing & Urban Development Minister.

To understand just how a supposedly-redistributive policy could be used in this fashion, it is necessary to examine how it was changed and how those changes work with the provisions of the Housing Development Corporation Act 2005.

What is the Housing Policy?

Showing Trinidad and Tobago A New Way Home‘Showing Trinidad & Tobago a new way home‘ was launched on 18th September 2002 by then Housing minister, Senator Danny Montano. At that stage, the policy for allocation of the new homes produced by HDC were –

…How is housing allocated?
All housing that becomes available is allocated in the following way:

  • 75% is reserved for public applicants through a random selection system.
  • 10% is reserved for the Joint Protective Services – Police, Army, Prisons and Fire Services.
  • 15% is assigned to deal with special emergency cases, senior citizens and physically challenged persons…

The rules to qualify for these homes were –

…Do I qualify?
To qualify for a new home, applicants must be:

  • A resident citizen of Trinidad and Tobago.
  • Twenty-one years of age or over.
  • Neither owner nor part owner of a house or land.
  • In possession of a Board of Inland Revenue tax file number…

These details are from ‘Applying to Buy a Government House‘ on the TTConnect website, but they are outdated, as they refer to the 2002 position. I was very critical of this ambitious new housing policy, since it was located within this context –

“…The Housing Policy of the Government of Trinidad & Tobago is based on the understanding that every citizen should be able to access adequate and affordable housing regardless of gender, race religion or political affiliation”

Those are important policy guidelines, but they are inadequate to the task, given that they are silent on the single common cause of housing need or homelessness. The point is that all homeless persons, or those with serious housing needs have one thing in common, poverty. Yet the policy is silent on that. That silence was a fatal one since the allocations were being made in accordance with a lottery amongst those who fit the four criteria set out above. I recall attending the 2007 conference of the Caribbean Association of Housing Finance Institutions (CASHFI) and the PS of the Housing Ministry stating that about 95% of the applicants in the system did not qualify for a mortgage.

With no specific allocation numbers for rental units and no weight given to poverty or housing need in the process, the results were predictable. The poorest applicants, the ones who could only afford to rent, were sidelined, as shown in the distribution figures shown.

As I wrote in August 2007 –
“…This is a flawed policy which gives you a ticket in the lottery for a new home, only if you can afford one. But, as the old National Lottery slogan used to say ‘if you haven’t got a ticket, you haven’t got a chance‘…”

In January 2008, the new Housing Minister, Dr Emily Gaynor-Dick-Forde, announced a housing policy review with the specific aim of making housing need a part of the assessment criteria. Despite this encouraging news, it was a case of ‘giving with one hand and taking away with the other’, since the category for ministerial discretion was increased to 25%.

The outcomes are shown in these diagrams, with the greater number of units going to those who could afford to purchase. The perverse policy reached its nadir with the recent revelations that the maximum qualifying monthly income for HDC new homes had been increased to $45,000 at some point in 2014. This was obviously done to cater for persons who were in no housing need whatsoever. I tell you. At least the monthly income limit has now been returned to $25,000 – still way too high for a program which ought to be serving the needy persons in our society, but a step in the right direction.

These charts show just how the housing has been distributed, in terms of tenure.

propmatters graph1

propmatters graph2

The table of data from which those charts were derived is here –

HDC ALLOCATION of New Homes

Tenure Type August 8th 2011 Percentages September 4th 2013 Percentages
Rental 256 3.3% 1,962 21.7%
Rent to Own 111 1.4% 66 0.7%
Purchased 7,290 95.2% 7,029 77.6%
Totals 7,657 100 9,057 100

The Minister’s powers

A Statutory Corporation is a public body established under a special law to perform specified functions. The HDC is a statutory corporation and under the HDC Act – The powers of the Minister are specified at S.12 as –

“…12. The Minister may give to the Board directions in writing of a specific or general nature to be followed in the performance of its functions or the exercise of its powers under this Act, with which the Board shall comply…”

That means that the Minister has the power to order the HDC to perform specific tasks and the HDC has to comply with those directions. As such, the HDC would be required by law to follow a direction from the Housing Minister, as seems to have been the case in the Marlene McDonald episode.

Policy monitoring

SIDEBAR: Secret Policy in Public Bodies

The housing policy is not available online. The allocation policy which is shown online is 14 years out-of-date. The HDC does not issue annual reports as it is required to do by law, but that is for later in the series.

I had enquiries made at HDC last week, but when my staff requested the housing allocation policy, the reply was ‘we don’t know what you are asking us for’. Take that, it is almost like an echo of the widespread official denial of the existence of the 1992 National Land Policy, which became evident in my 2015 ‘Land for Everybody‘ series. I also personally contacted the top person at HDC to request the allocation policy, but got no reply.

All of this points to the question of how well can public policy be monitored in the current situation of a ‘virtual vacuum’ in terms of any details as to actual decisions taken. As demonstrated in the distribution figures shown last week, the outcome can be strikingly different from what one might think from reading the declared policy.In the absence of readily available data, it is possible for applicants who already own property to sign false declarations and obtain houses to which they are not entitled, further depriving the needier citizens. Applicants to the protective services have their names and photos published in the newspapers, as a safety-check against any unsuitable persons being admitted. Despite that safeguard, we all know that unsuitable persons do get admitted to the protective services, so just imagine for a moment what has taken place within the secretive arena of public housing.

Open data is a useful approach which would require all the critical data to be easily available in relation to our public housing program. That approach would enable anyone to get these details –

  • Identity of Applicants, together with the details of the category of their applications – i.e. is the person applying as a member of the protective services, a disabled person or a person in housing need.
  • Identity of those persons to whom housing has been allocated, together with the category of their applications, as outlined above.
  • Numbers of new homes built by HDC.
  • Numbers of new homes distributed by HDC.
  • Analysis of distribution of new homes by tenure, category of application and development.

The advantages of a system which promoted the routine online release of this information are obvious. Equally obvious are the kinds of strong objections which would be raised by such a proposal, after all, sunlight is the best disinfectant.The key questions which arise on the issue of the Ministerial discretion are –

  • Rationale – what is the rationale for allowing a politician to have direct control over such important and scarce resources? Is that an acceptable arrangement?
  • Proportion – If one assumes that there is a case for some Ministerial discretion, what part of the output of new homes should be subject to that? Is 25% too high a proportion?
  • Monitoring – In the current secretive arrangements, how can we really know just how many new homes have been distributed by Ministerial discretion? Is that complete secrecy an acceptable way to proceed?

Conclusion

Next, the land use implications of the HDC program will be addressed together with the potent estate management issues.

AUDIO: The Breakfast Roundtable interview on Sky 99.5FM- 28 January 2016

sky995fmAfra Raymond is interviewed on the ‘The Breakfast Round Table‘ show on Sky 99.5 FM by Eddisson Carr and Jessie May Ventour in light of the fact that he spoke at “Corruption Perceptions Index 2015: Facts and Findings”, the seminar hosted by the Trinidad and Tobago Transparency Institute, in collaboration with the Trinidad and Tobago Chamber of Industry. He shares highlights of the discussion he led in that seminar. 28 January 2016. Audio courtesy Sky 99.5 FM

  • Programme Date: Thursday, 28 January 2016
  • Programme Length: 37:49

Property Matters – Housing Issues – part 1

marlenemcdonald
Marlene McDonald, MP

The ongoing and serious allegations against Housing & Urban Development Minister, Marlene McDonald, and UDECOTT Chairman, Noel Garcia, are obvious distractions launched for plainly political reasons. That is not to dismiss the details of those serious allegations, since at this early stage it is impossible to make any real judgment as to guilt or blame. The current furore over these allegations detracts from any serious discussion of real issues about public housing, while at the same time being emblematic as to the depth of the problem.

Subsidised housing is an important part of the ‘welfare state’ provided by our Republic’s wealth and it is therefore necessary to establish the most effective policies and operational arrangements to maximise the benefits to the most needy.

It is now time for us to convene a comprehensive and transparent review of our housing policies and delivery mechanisms.

The current housing policy was published in September 2002, with a headline proposal to build 100,000 new homes in a decade. Since late September 2012, I have been proposing a full policy review to the various responsible officials, but the responses were lukewarm. Once again, I am proposing that we now undertake a full review of national housing policy. I have been in recent preliminary discussions on this review with the principal policy advisers and it seems likely that this will be commenced shortly.

On the operational side, the Housing Development Corporation (HDC) was established on 1st October 2005, so after a decade of operations, it also seems timely to examine HDC’s operations and performance, especially in light of the serious allegations now emerging. The HDC was closely examined in a 174-page Joint Select Committee Report laid in Parliament on 24th June 2014 – that Report contains very interesting material and recommendations which I will delve into later in this series. Continue reading “Property Matters – Housing Issues – part 1” →

Property Matters – State Offices – part 2

Noel Garcia, former MD of HDC. Photo courtesy Trinidad Guardian
Noel Garcia, UDeCOTT chairman. Photo courtesy Trinidad Guardian

On 5 January 2016 the Business page of the Trinidad Express newspaper carried an article titled ‘Millions to be saved from rent‘ in which the UDeCOTT Chairman, Noel Garcia, advised on the progress in completing the State-owned offices in Port of Spain. That was also the topic of last week’s Property Matters column, so this week I will be trying to reconcile the two sets of information and make some further points.

The program for completion of these offices, as announced on 18 July 2014 by then Minister of Housing and Urban Development, Dr Roodal Moonilal, was to have had them all occupied by the end of 2015, with some substantial completions due at a far earlier date. Garcia stated that the last of these buildings would be ready for occupation in June and also that ‘all works with respect to the project were on schedule‘. Obviously there was significant slippage in the projected completion of this huge series of offices, originally described by Moonilal as ‘an unprecedented feat in the Caribbean‘.

NEW STATE OFFICES IN POS

BUILDING/LOCATION SIZE
(sq.  ft.)
Scheduled Completions
Dr Roodal Moonilal (2014)
2016 PROGRAM
Noel Garcia (2016)
 Customs & Excise HQ, Richmond St. 189,000 October 18th 2014 April 2015
 Board of Inland Revenue, Richmond St. 374,000 August 28th 2015 June 2016
 Ministry of Legal Affairs, Richmond St. 332,000 August 31st 2015 February 2016
 Immigration Division, Richmond St (Formerly Ministry of Social Development) 160,000 March 20th 2015 Completed
 Ministry of Education, St Vincent St. 274,000 No date given March 2016

Continue reading “Property Matters – State Offices – part 2” →

VIDEO: 2015 Year In Review on 107.7 FM

1077fm-logoBrunch at 107.7 with Rennie Bishop on Sunday 27th December 2015 featuring;

  • Dr. Winford James, Lecturer at the University of the West Indies, St Augustine Industry Higher Education
  • Sunity Maharaj, media consultant and managing director of the Lloyd Best Institute of the West Indies.
  • Afra Raymond Chartered Surveyor, Past President: Joint Consultative Council for the Construction
  • Rhoda Bharath Lecturer – University of the West Indies, St Augustine writer and blogger.

Property Matters – State Offices

The PM’s address to the nation on the evening of 29 December 2015 was an official announcement as to the need for shared sacrifice and reduced State expenditure to tackle the decline in our collective fortunes.

I also took particular note of the statement by new Central Bank Governor, Dr Alvin Hillaire, during his first meeting with the media on 31 December 2015 – “…I won’t distance myself from the recession statement. The situation is serious and demands attention…“. Dr Hillaire was of course referring to the 4 December disclosure of a recession by his predecessor, Jwala Rambarran.

The proposals for public housing to be provided by private sector investment were certainly interesting, but this column will be making additional proposals for decisive cost-savings within relatively easy reach. Low-hanging fruit, so to speak.

governmentcampus

The State embarked upon a huge program to construct offices in Port of Spain during the pre-2010 term of the then PNM government. A staggering total of 2.3M square feet of offices were constructed by the State via its implementing Agency, UDECOTT, in that surge of construction activity. That total does not include the 1,800-space Queen Street ‘Parkade’ which spans the block between Richmond and Edward Streets (see Sidebar for details). Continue reading “Property Matters – State Offices” →

The Whistleblower Proposals

The Whistleblower Protection Bill 2015 was submitted to Parliament on Friday 13th November 2015. Those proposals will create legal protections for persons making reports of wrongdoing in both public and private bodies. A Joint Select Committee has been established to examine these proposals and report back to the Parliament no later than 22nd January 2016, so this is the time to consider these and make formal comments.

According to the Association of Certified Fraud Examiners 2014 Global Fraud Study, whistleblowing is the best method of detecting fraud –

“…Tips are consistently and by far the most common detection method. Over 40% of all cases were detected by a tip — more than twice the rate of any other detection method. Employees accounted for nearly half of all tips that led to the discovery of fraud…” (pg 4)

Given the levels of improper and illegal conduct with which our society is beset, these proposals are long overdue and I welcome them. That said, it is important to examine the detailed provisions and exemptions, together with the introductory statement made by Attorney General, Faris Al Rawi. Continue reading “The Whistleblower Proposals” →