Section B: Estate Management and Rent Policy Chapter 21: Marking Scheme for Estate Management Enforcement in Public Housing Estates To improve environmental hygiene in public housing estates (including public rental housing (PRH) and Interim Housing (IH)), the Housing Department (HD) has implemented the Marking Scheme for Tenancy Enforcement in Public Housing Estates (Marking Scheme) since 1 August 2003. The Marking Scheme was renamed to Marking Scheme for Estate Management Enforcement in Public Housing Estates on 18 October 2006, to signify its wider use for more effective estate management. It has been a leasing condition that public housing tenants should keep the leased premises and the estate environment clean and hygienic. The Subsidized Housing Committee of the Housing Authority (HA) endorsed at its meeting on 29 May 2003 to strengthen tenancy enforcement action through the introduction of a marking scheme for tenancy enforcement in public housing. When 16 points have been recorded within two years, the tenancy/licence will be liable to termination. Misdeeds under the Marking Scheme Starting from 1 January 2008, there are 27 misdeed items under the Marking Scheme, they are grouped under Category A, B, C and D. Items in Category A are minor misdeeds and each of them will carry 3 points. Items in Categories B and C are more serious ones and each will carry 5 and 7 points respectively. Item in Category D is the most serious one and will carry 15 points. Any points allotted under the Marking Scheme will be valid for a period of two years from the day the material misdeed is committed. Change of household head or deletion of household member(s) during the two-year period will not lead to early cancellation of the points allotted. For cases where transfer is arranged due to redevelopment etc, the points accrued to the original tenancy will be carried forward to the new tenancy. When households residing in IH move to PRH (e.g. through the General Waiting List), the points accrued in their IH flats will be carried forward to the PRH flats. The points that have become invalid through lapse of time will be deducted from the household's total score. Effects of points-allotment on household The tenant and adult family members will be notified of any points allotted and reminded to take immediate action to relinquish the bad habits. Except households affected by involuntary transfers (such as redevelopment), any household carrying points accumulated under the Marking Scheme will be barred from applying for alternative accommodation, better / larger or otherwise, through external or internal transfer. Once a household has accumulated 10 points (or less than 10 but with 3 points-allotments), it will receive a warning letter from the HD. This warning letter will detail the points allotted and remind the tenant of the possible consequence if more points are allotted. The warning letter will also be copied to all adult members of the household. Besides, a manager grade HD staff will meet the tenant and the person(s) who committed the misdeeds to advise them that no further misdeeds should be committed, lest more points will be allotted. When 16 valid points have been accrued, the subject tenancy will be liable to termination by the service of Notice-to-Quit (NTQ) in pursuant to Section 19(1)(b) of the Housing Ordinance. The tenant may lodge an appeal against the NTQ to the Appeal Panel (Housing). Upon termination of tenancy, the household will be required to vacate the public housing flat. For those who may become genuinely homeless, offer of IH in the New Territories may be arranged provided that the household can meet all prevailing eligibility criteria. Any points not counted for the service of NTQ will be carried forward to the new tenancy/licence if the household remains in residence in public housing (e.g. moving from PRH to IH in the New Territories). With effect from 1 January 2006, for ex-tenants with tenancies terminated by the HA due to Marking Scheme or Tenancy Breach, their applications for PRH through the General Waiting List will be barred for two years, counting from the day after date of termination of tenancy. The HD will not offer a flat of better quality (in respect of geographical locality, age of building and floor level) to them upon rehousing. Details of misdeeds covered by the Marking Scheme and their implementation Misdeeds where warnings will be given before allotment of points (w.e.f. 1 January 2008) To encourage timely rectification, the Warning System (comprising 1 written warning) is applicable to some of these misdeeds. The tenant, however, will be allotted points if he/she repeats the misdeed despite warning. The 11 misdeed items where warnings will be given are listed as follows: Misdeeds where warnings will be given before allotment of points Points Drying clothes in public areas (except in areas designated by the Housing Department) 3 Utilizing Laundry pole-holders for drying floor mop 3 Putting dripping flower pots or dripping laundry at balconies 3 Dripping oil from exhaust fan 3 Obstructing corridors or stairs with sundry items rendering cleansing difficult 5 Causing mosquito breeding by accumulating stagnant water 5 Causing noise nuisance (Note 1) 5 Denying the Housing Department (HD) staff or staff representing the HD entry for repairs responsible by HD (Note 2) 7 Refusing repair of leaking pipes or sanitary fittings responsible by the tenant 7 Damaging down / sewage pipes causing leakage to the flat below 7 Accumulating a large quantity of refuse or waste inside leased premises, creating offensive smell and hygienic nuisance 7      Misdeeds where points will be allotted immediately (w.e.f. 1 January 2008) Misdeeds seriously affecting estate hygiene, e.g. spitting in public areas, will be severely dealt with. HD staff will immediately prosecute the subject person and allot points to the household concerned or even terminate the tenancy. The 16 misdeed items where immediate points-allotment will be made are listed as follows: Misdeeds where points will be allotted immediately Points Littering 5 Disposing of domestic refuse indiscriminately, such as improper disposal in lift lobbies or inside bins without cover 5 Keeping animal, bird or livestock inside leased premises without prior written consent of the Landlord (Note 3) 5 Allowing animal and livestock under charge to foul public places with faeces 5 Boiling wax in public areas 5 Smoking or carrying a lighted cigarette in estate common area (Note 4) 5 Illegal gambling in public places 5 Throwing objects from heights that jeopardize environmental hygiene 7 Spitting in public areas 7 Urinating and defecating in public places 7 Dumping or disposing of decoration debris indiscriminately at refuse collection points, within building or in other public areas 7 Using leased premises as food factory or storage 7 Illegal hawking of cooked food 7 Damaging or stealing Housing Authority's property 7 Using leased premises for illegal purpose 7 Throwing objects from height that may cause danger or personal injury (Note 5) 15 Note 1 : Noise Control Ordinance provides legislative control over noise at any time.  Tenant in breach of relevant provision will be allotted points upon conviction. In that case, the Warning System will not be applicable. Note 2 : Repair items may include internal fixtures and fittings, drains and pipes and structural members such as ceiling, walls and floors, etc. Note 3 : The Subsidized Housing Committee of the HA endorsed at its meeting on 25 September 2003 to uphold the ban on dogs in public housing estates while to grant a general permission for the keeping of small household pets (including desexed cats but excluding pigeons) that do not pose any health hazard and cause any nuisance. Wild lives/exotic animals/domesticated farm animals are strictly prohibited. HD will adopt the Temporary Permission Rule to handle dogs actually kept in public housing before implementation of the Marking Scheme. According to the Temporary Permission Rule, permission may be given upon application for tenants to continue keeping those small dogs (i.e. less than 20 kg in weight) that have been kept in the premises before 1 August 2003 subject to meeting a set of strict rules and conditions laid down by the HD. This is a one-off measure. Concerned tenants must submit the application for continual dog-keeping to respective management office on or before 31 October 2003. Tenants who are granted the permission should strictly comply with the prescribed rules for dog keeping. The permission will be withdrawn if there are two substantiated incidents of creating nuisance/breaking the rules.Tenants who are not granted such permission will have to dispose of their dogs within one month. With effect from 1 November 2003, tenants who keep prohibited dog(s) or animal(s) inside leased premises without prior written consent of the Landlord will be allotted penalty points under the Marking Scheme. Note 4 : 'estate common area' means any place within the estate boundary to which the public have access and includes common areas of domestic buildings, estate rest gardens, pleasure grounds, pedestrian walkways, estate roads, etc. To cater for the need of tenant-smokers, smoking areas will be designated.  These areas should be away from leisure and sporting facilities or main thoroughfare to minimize the exposure of tenants to second hand smoking.  Yellow/white lines, with 'Smoking Area' written thereon, will be painted around the smoking areas.  The locations of these smoking areas will be well-publicized on estate level. Subject to local Estate Management Advisory Committee¡¦s consent, the location, size and number of smoking areas may be changed. Note 5 : For households that have thrown objects from height that may cause serious danger or personal injury, HD will terminate subject tenancies by the issue of Notices-to-Quit in pursuance of Section 19(1)(b) of the Housing Ordinance. Enquiry   This website, relevant leaflet and HA Hotline (2712 2712) provide general information only.  For details, local Estate Office or District Tenancy Management Office should be contacted.

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