I am a politician, a psychologist and a former bodybuilder. I am also a survivor of domestic violence. It’s the reason I am fighting hard to amend the laws to ensure that no strata management can unreasonably stop an animal living with their family. Let me explain the connection.
Beloved animals, such as dogs or cats, are often a lifeline for people experiencing domestic and family violence. There’s clear evidence to show that animal companionship can help prevent both suicide and self-harm.
However, despite the benefits companionship can provide both human and animal survivors of domestic violence, this companionship also comes with extreme risk. Animals are often abused or killed to torment, threaten and control a victim of domestic violence. It’s a sick form of control.
Research from DVNSW shows us that up to 48% of domestic and family violence (DFV) workers said victim-survivors have delayed leaving a perpetrator by more than a year due to fear or threat of an animal being harmed and a further 55% of workers said victim-survivors have disclosed the perpetrator killed an animal or animals in the context of DFV.
According to research by Domestic Violence NSW, nearly 50% of domestic violence workers said victim-survivors have delayed leaving a perpetrator by more than a year because of the difficulties leaving with an animal, and Women’s Safety NSW say that accommodation is a primary barrier.
Last year I held a roundtable in Parliament on domestic violence and animal abuse where we spoke with survivors, domestic violence services, animal welfare groups and enforcement agencies. One thing was clear – accommodation barriers had to be removed. Emergency housing is nearly impossible, with most refuges unable to provide animal accommodation, and for those that can afford to buy or rent, strata by-laws are creating dangerous impediments to those trying to find safety.
The problem with by-laws
Currently there are countless apartment and townhouse complexes in NSW that have by-laws preventing people from having a companion animal in their own home – that’s right, their own home. These schemes not only affect owners and tenants, but can be brought in retrospectively, creating life changing complications for residents who already live under a strata scheme.
Blanket animal bans in strata complexes can affect anyone who buys an apartment or townhouse. But it’s not just those buying homes that are affected. Unfair by-laws have a flow-on effect into the rental market.
While many landlords may be willing to provide animal-friendly accommodation, a flawed inconsistency in strata laws means this decision may be overridden by the strata scheme, or delayed for months leaving both human and animal survivors of violence at risk.
I have heard multiple stories from survivors about the challenges strata schemes pose to people leaving violent relationships, but one that sticks out is that of Sarah* and her cat Ziggy* who attempted to flee violence for over three months. Desperately applying for rental properties, Sarah received the same response: ‘the landlord says they are fine with your cat but they have to check with strata. Unfortunately strata won’t be meeting for a month or two.’
Sarah was left feeling hopeless, unable to secure a rental with Ziggy as the strata approval process blocked any chance of quickly and easily securing safe accommodation as by the time strata would meet, the home was off the market. She was left with two choices: to stay in a violent and dangerous situation or lie on her rental application.
And these same strata laws do not only affect people escaping violence, they also potentially contradict the Disability Discrimination Act in regards to assistance animals. Currently strata schemes can force people to provide highly personal paperwork proving that an animal in their care is an ‘assistance animal’. This is despite the fact that the Disability Discrimination Act does not require assistance animals to be professional trained, and may lead to Owners Corporations making uniformed judgments about what qualifies as an ‘assistance animal’.
Access to animal-friendly accommodation is key for people with disabilities, and those fleeing domestic violence, and at the moment the strata by-laws are not only unnecessary, but are a dangerous barrier to human, and animal, safety.
Finding a solution
It is unacceptable that survivors of domestic violence and people with disability should have to face barriers to their safety and wellbeing simply because of a by-law. That’s why the Upper House voted for my amendment in NSW Parliament, which will stop strata schemes from passing by-laws unreasonably preventing owners and occupiers from having companion animals.
If passed in the Lower House, this amendment will begin the process of removing barriers for survivors of domestic violence and will ensure legislation recognises people facing disability discrimination.
This is not to say that strata corporations will be unable to give reasonable consideration. Under this amendment they will continue to have the power to ensure there is no impact on common property, living standards or noise levels. This amendment simply ensures that a body corporate committee cannot ‘unreasonably’ prohibit an animal in someone’s own home.
This is not an impossible ask. In Queensland, the banning of all animals – including banning dogs of a certain size or weight – has been ruled invalid. Whether it is reasonable to allow an animal to live in a strata scheme is determined by the individual circumstances of each case, and may include consideration of the relevant animal’s activity levels, personality and training, as well as the person’s demonstrated capacity to provide for the animals’ needs and not impinge on the well-being of others in the complex. And just this year in Victoria, new legislation came into effect ensuring that landlords could not unreasonably refuse a companion animal.
Protecting the ability of humans and animals to live together securely in apartment complexes regulated by strata by-laws is a far reaching issue, disproportionately affecting people escaping violence and those living with a disability. We will continue to push for this much needed change when it is debated in the Legislative Assembly because I know first-hand how desperately needed these changes are. We owe it to every victim of violence- human and non-human.
(*Names changed to protect privacy)