26Disability accommodation

#### 26 Disability accommodation 26 Disability accommodation > > (1) A residential tenancy agreement is exempt from the operation of the Act if— > > > > > (a) the premises to which the agreement relates are not used or intended to be used as a residence by the tenant under the agreement, and > > > > > (b) the tenant under the agreement allows or is intending to allow a person with a disability, other than a family member of the tenant, to use the premises as disability accommodation under an agreement or other arrangement with the person (the disability accommodation arrangement), and > > > > > (c) for residential tenancy agreements entered into on or after 2 August 2019 (being the day the [Residential Tenancies Amendment (Exemption) Regulation 2019](/view/pdf/asmade/sl-2019-365) commenced)—the agreement is in writing and states that this clause is intended to apply in respect of the premises. > > > (2) To avoid doubt, this clause does not operate to exempt the disability accommodation arrangement from the operation of the Act or any other Act or law otherwise applicable to it. > > > (3) This clause extends to residential tenancy agreements entered into before 2 August 2019 (the commencement of the [Residential Tenancies Amendment (Exemption) Regulation 2019](/view/pdf/asmade/sl-2019-365)). > > > (4) In this clause— > > > > disability has the same meaning as in the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041). > > > > disability accommodation means accommodation that is designed for a person with a disability who is receiving disability assistance, and includes (but is not limited to) specialist disability accommodation within the meaning of the [National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018](http://www.legislation.gov.au/) of the Commonwealth. > > > > disability assistance means any one or more of the following forms of assistance provided to a person with a disability by another person or body (whether permanently or not)— > > > > > (a) assistance to help the person undertake his or her day-to-day activities, > > > > > (b) assistance to increase the person’s independence, > > > > > (c) assistance to facilitate the person’s social and economic inclusion in the community.