7Meaning of lower-income dwelling

7 Meaning of lower-income dwelling

(1) A dwelling is a lower-income dwelling if the dwelling satisfies the criteria set out in subsections (2) and (4). (2) A dwelling satisfies the criteria in this subsection if the dwelling is tenanted, or available to be tenanted, only by one or more of the following: (a) an adult living alone whose taxable income, for the most recent income year, for which the Commissioner has given the adult a notice of assessment, ending before the dwelling’s most recent assessing event, was less than 75% of average annual earnings; (b) 2 or more adults living together whose combined taxable incomes, for the most recent income year, for which the Commissioner has given each adult a notice of assessment, ending before the dwelling’s most recent assessing event, was less than 90% of average annual earnings; (c) one adult living with one or more dependent children of the adult, where the adult’s taxable income, for the most recent income year, for which the Commissioner has given the adult a notice of assessment, ending before the dwelling’s most recent assessing event, was less than 100% of average annual earnings; (d) 2 or more adults living with one or more dependent children of any of the adults, where the adults’ combined taxable incomes for the most recent income year, for which the Commissioner has given each adult a notice of assessment, ending before the dwelling’s most recent assessing event, was less than 100% of average annual earnings. (3) Despite subsection (2), if a dwelling no longer satisfies the criteria in that subsection only because of an event mentioned in subparagraph (c)(i) or (ii) of the definition of assessing event, the dwelling is taken to continue to satisfy the criteria until: (a) if, immediately before the event, the dwelling was taken to satisfy the criteria in subsection (2) because of a previous application of this subsection—the day worked out under paragraph (b) for that previous application; or (b) otherwise—the earlier of: (i) the end of 12 months after the event; or (ii) the end of the lease for the dwelling. (4) A dwelling satisfies the criteria in this subsection if the rent payable under a lease for the dwelling is not more than the lesser of: (a) 74.9% of the market value of the right to occupy the dwelling under the lease; and (b) 30% of: (i) if the dwelling is tenanted by an adult (either living alone or with one or more dependent children)—the taxable income, for the most recent income year, for which the Commissioner has given the adult a notice of assessment, ending before the dwelling’s most recent assessing event; or (ii) if the dwelling is tenanted by 2 or more adults living together (either with or without one or more dependent children)—the combined taxable incomes, for the most recent income year, for which the Commissioner has given each adult a notice of assessment, ending before the dwelling’s most recent assessing event. (5) Despite subsection (4), if: (a) an event mentioned in subparagraph (c)(iii) of the definition of assessing event occurs in relation to a dwelling; and (b) because of that event, the dwelling no longer satisfies the criteria in subsection (4); the dwelling is taken to continue to satisfy the criteria in that subsection for the period of 60 days after the event. Request for rental review (6) A tenant of a lower-income dwelling may provide a notice to the owner of the dwelling requesting a review of the rent payable under the lease for the dwelling if: (a) the notice is provided during a financial year; and (b) a notice has not previously been provided in respect of the dwelling for the financial year. (7) The notice must: (a) be made in writing; and (b) be accompanied by information that would enable the owner to assess whether the dwelling satisfies the criteria in subsection (4).