Council’s successful prosecution over illegal rooming house
Published on 07 April 2025
Two former rooming house operators have been convicted and fined after being found guilty of charges related to running an illegal rooming house in Ashwood.
In the Moorabbin Magistrates’ Court on 5 March, Michael Nunez and Kim Pham each pleaded guilty to a total of 3 charges under the Public Health and Wellbeing Act 2008 and the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020: operating a rooming house without being registered with Council, exceeding the maximum number of people in a bedroom, and failure to provide sufficient vermin-proof receptacles.
They were both convicted and fined $2,500, with one of them also ordered to pay more than $6,700 in costs, resulting in total penalties exceeding $11,700.
Under requirements enforced by Consumer Affairs Victoria, people found guilty or convicted of offences under the Act and Regulations are disqualified from holding a rooming house operator's license for at least 5 years.
Council Environmental Health Officers conducted investigations following a complaint to Council in August 2023 that the Ashwood property was being illegally operated as a rooming house.
The operators were instructed to apply for Council registration at the time it was discovered to be operating, which they did. A few months later, the owners changed the way in which the property was operated, and the registration was closed.
In court, Magistrate Angela Bolger emphasised that the law was designed to protect those in need of accommodation from exploitation and highlighted the importance of rooming house operators adhering to the rules and regulations.
A rooming house is defined as a residence where one or more rooms are available for occupancy when rent is paid, and four or more unrelated people may live in the building.
Rooming houses provide a form of accommodation where tenants rent an individual room and have the use of shared facilities, which may include bathrooms, a kitchen, laundry and shared living spaces. They typically cater for people who may be unable to afford to rent a whole house or to own their own home.
The Public Health and Wellbeing Act 2008 requires operators of rooming houses to register the property with Council.
Environmental Health Officers from Council’s Public Health Unit inspect registered rooming houses in the City of Monash to ensure adherence to the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020.
The regulations aim to prevent overcrowding, ensure reasonable standards of hygiene, sanitation and maintenance at the property.
Environmental Health Officers also investigate complaints that relate to unregistered rooming houses and concerns about maintenance and living conditions within a property.
Monash Mayor Cr Paul Klisaris said: “This successful prosecution highlights the tireless work of our officers and their commitment to following up on public complaints.”
“All residents have the right to reasonable living standards, and we will continue to inspect and investigate rooming houses to ensure operators are abiding by the law.”
To check rooming house registrations and operation requirements, visit Consumer Affairs Victoria.