People Before Profit councillor Jess Spear is taking South Dublin County Council to court over rent increases.
The Tallaght Central councillor is taking legal action against the authority and the chief executive after they overruled a vote by the council, which voted against increasing rents for tenants.
Despite an emergency meeting on the topic in June, South Dublin County Council and the council executive have pressed on with the rent increases.
Spear alleges that the council management are going against the democratic wishes of elected representatives.
As a result, a High Court case will be heard, and it is anticipated that the judicial review proceedings will come before the courts later this year.
Despite councillors voting to halt the rent increases in June, South Dublin County Council increased the rents in July.
Spear said, “the law is very clear on this.”
“The Chief Executive has to follow council policy, and he has to abide by Section 140 motions. Civil servants, no matter how senior, are not a law unto themselves. Ploughing ahead with a rent hike against the express wishes of the elected members looks like a clear and reckless violation of the Local Government Act.”
Spear said, “rather than fighting the councillors and the tenants on this, the Chief Executive should pause the new scheme and carry out the consultation that councillors unanimously voted for in February, and again in the Section 140 motion in June.”
She said that “tenants have serious concerns about these rent hikes and about the lack of housing maintenance; they deserve to have their voices heard.”
The Tallaght Central councillor said “the council already takes in millions more in rent than it spends from its own funds on housing maintenance. That is why councillors said any rent review should be based on fairness and should not be revenue-raising.”
People Before Profit TD Paul Murphy said “what is happening in South Dublin should alarm anyone who cares about local democracy.”
“Councillors voted not once but twice on this, and an unelected official has decided to override them. If a Chief Executive can simply ignore a Section 140 motion, then what local democracy do we have left at all?”
To Murphy’s point, government party councillors boycotted the emergency meeting in June.
South Dublin County Council is controlled by a coalition of Fianna Fáil, Fine Gael, Labour and various independents, and none of the Fianna Fáil, Fine Gael or Labour councillors showed up to the emergency meeting in June, which saw various opposition parties such as Sinn Féin, People Before Profit and the Social Democrats vote in favour of reducing rents.
Murphy said, “this is part of a national drive to squeeze more money out of social housing tenants at the worst possible time.”
“Working families, pensioners and lone parents are being asked to pay more during a cost-of-living crisis, while the maintenance of their homes is neglected. People Before Profit will back this legal challenge and keep fighting these hikes on the streets, in the communities and in the council chamber.”