Clarification by Second Minister for National Development

Mr Speaker, Sir, thank you for allowing me to make this clarification on the Housing and Development Board's (HDB's) policy for rental housing applicants undergoing divorce.

During the debate on the Motion on Supporting Singaporeans in Starting and Raising Families on 5 February 2025, Mr Faisal Manap sought a clarification on whether HDB would allow parents who are undergoing divorce and in urgent need of housing to apply for public rental housing before the divorce is finalised. [Please refer to "Supporting Singaporeans in Starting and Raising Families", Official Report, 5 February 2025, Vol 95, Issue 151, Motions section.]

I had replied that HDB does already allow individuals who have commenced divorce proceedings to apply for rental housing even before the interim or final judgments are obtained.

The Leader of the Opposition then sought a further clarification, quoting a letter his constituent had received from HDB, which stated that HDB would not be able to consider an applicant's application if they have not obtained a deed of separation or when their divorce is not finalised, and highlighted that the latter part of that sentence did not appear to be consistent with my reply.

In response, I said that for rental housing applicants, HDB takes a case-by-case approach, the deed of separation would enable an application to be made before the interim or final judgment was issued, and that I would review whether HDB's procedures can be more facilitative.

I have since checked the specific case and the letter referred to by Mr Pritam Singh, and would like to provide a clarification for the record.

First, I would like to confirm that my response to Mr Faisal's clarification was correct. That is to say, individuals who have commenced divorce proceedings can apply for rental housing before interim and final judgments are obtained. This is, of course, subject to the usual rental housing criteria, such as having no family support or other housing options.

In general, HDB requires legally binding documentation showing that ancillary matters, mainly the division of assets and the care and control of children, have been settled before they will accept applications for a public rental flat. This is so that HDB can assess the applicant's eligibility for and ability to afford their housing options.

In most cases, the interim judgment would settle the ancillary matters. So, if an interim judgment contains orders on the relevant ancillary matters, HDB will accept that. This is before the final order of divorce is issued.

However, HDB will consider applications even before the interim judgment if: first, the ancillary matters have been settled in a deed of separation, which typically takes place before an interim judgment; or second, on a case-by-case basis, if there is urgent need, an applicant's appeal to HDB via a social worker, so there is a proper assessment of the applicant's circumstances.

In the specific case referred by Mr Pritam Singh, the appeal letter stated that the couple was separated but had not yet filed for divorce. This means that there were no pending proceedings and hence, no interim judgment. Hence, the applicable exceptions would have been either by submitting a deed of separation or to make an appeal on the basis on urgent need via a social worker, both of which can be done before an interim judgment is obtained.

In the reply of 3 May 2024, which is the letter Mr Pritam Singh referred to, setting out when it was prepared to consider the application for a rental flat, HDB referred to the deed of separation, which is correct, but it also inadvertently and incorrectly referred to finalisation of divorce and finalised divorce documents. It should have referred to an interim judgment with provisions on ancillary matters instead.

In this case, I understand that HDB had been working with the appellant's social worker to obtain the necessary documents and information, but the input provided was insufficient for HDB's assessment. Hence, HDB was not able to accede to the appeal.

HDB understands, through the social worker, that the divorce was recently made final but without any reference to ancillary arrangements. However, the appellant has since told HDB that they intend to apply for a BTO flat. We have nonetheless advised the social worker to approach HDB again if they are in urgent housing need.