Written Answer by Ministry of National Development on enforcement of special covenant 2(1)(a) of HDB’s Memorandum of Lease to prevent smoking near balconies or windows which persisted despite advisories from the authorities
Feb 14, 2022
Mr Louis Ng Kok Kwang: To ask the Minister for National Development (a) whether special covenant 2(1)(a) of the Memorandum of Lease to HDB's lease agreement can be enforced to prevent smoking near balconies or windows which persisted despite (i) advisories from the authorities and (ii) efforts of the Community Mediation Centre (CMC); and (b) if not, what other conditions must be met before a case of smoking near balconies or windows will be considered a case of last resort where enforcing the special covenant is considered.
Answer:
Enforcing the breach of a covenant under the lease agreement entails compulsory acquisition of the flat, as highlighted to the Member previously. This is a punitive measure that is not undertaken lightly. HDB exercises the right of compulsory acquisition sparingly and as a last resort. Moreover, should a flat be compulsorily acquired, the flat owners and occupants of the flat, such as their family members, will need to relocate and find a home elsewhere. If the underlying issues are not resolved, the issue will just be brought over to another community.
Hence, the approach to manage disamenities and disputes between neighbours is for neighbours to come together to try to resolve the matter amicably, with assistance by grassroots leaders or at the Community Mediation Centre (CMC) where required. Where necessary, a Joint Advisory on Smoking in Homes will be issued by agencies to the residential unit reported to be emitting second-hand smoke, encouraging considerate behaviour and emphasising the negative impact that second-hand smoke may have on their neighbours.
In intractable cases, the affected neighbour may file a case with the Community Disputes Resolution Tribunal (CDRT). If the respondent is shown to have caused unreasonable interference to the affected neighbour, then the CDRT may make a range of orders against the respondent, including requiring the respondent to cease or refrain from carrying out certain acts.
We will continue to study how we can better manage neighbour disputes arising from disamenities.