The obligation of the municipaliti es to provide social housing Cover Image

The obligation of the municipalities to provide social housing
The obligation of the municipaliti es to provide social housing

Author(s): Jarosław R. Antoniuk
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Civil Law, Sociology, Family and social welfare, Welfare services
Published by: Oficyna Wydawnicza AFM Uniwersytetu Andrzeja Frycza Modrzewskiego w Krakowie
Keywords: municipality; social housing; protection of the rights of tenants

Summary/Abstract: The article discusses the obligation of municipalities to provide social housing, whichwas provided for in the provisions of the Law of 21 June 2001 on the protection of therights of tenants, municipal residential resources and on amending the Civil Code. In his article, the author not only analyses the rules and the cases when the municipalitiesshall assume the duty, but also the legal character of this obligation, which he claims to be both administrative and legal. The author also reflects on the position of the municipalities in the proceedings for eviction, recognizing that the municipalities may join the proceedings as a secondary intervener not only the plaintiff ’s, but also on the defendant’s side. In both cases the municipalities is entitled to question the eviction claims. Finally, the author considers the extent of the compensation claim that the debtor is entitled to when the municipalities did not provide social housing, regarding that the compensation covers the period from notifying the municipalities of failing to execute eviction sentence voluntarily by the debtor, taking into account the time necessary to find and prepare the social housing for the entitled, until the municipalities make an offer to conclude a lease agreement for social housing to the tenant obliged tovacate the premises.

  • Issue Year: 18/2016
  • Issue No: 1
  • Page Range: 85-100
  • Page Count: 16
  • Language: English
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