Earthquake on Senior Housing: New Rules Will Change Everything
- The Sejm is working on two bills to improve the housing conditions of the elderly.
- One of them was proposed by the Left MPs, and the other was submitted by the Minister for Senior Policy
- Both projects are addressed to people aged 60+, regardless of any income thresholds, and are intended to guarantee the possibility of concluding agreements with the commune - Infor.pl enumerates
As Infor reminds, the Sejm is currently working on a parliamentary draft amendment to the Real Estate Management Act, the Act on the Protection of Tenants' Rights, Municipal Housing Resources and Amendments to the Civil Code, and the Act on Financial Support for Certain Housing Projects , which was submitted by Left-wing MPs. The draft is currently being referred for reading to the Infrastructure Committee and the Local Government and Regional Policy Committee.
This project provides for the possibility of the municipality purchasing a flat from a senior citizen and simultaneously concluding a lease agreement for an indefinite period of time in the same flat .
- This will provide special protection for older people, who are often victims of frauds that deprive them of the right to own their apartments - Infor concludes.
In late August, work began on another draft amendment to the Act on the Protection of Tenants' Rights, Municipal Housing Resources, and Amendments to the Civil Code, submitted by the Minister for Senior Policy. It provides for a new support mechanism for seniors.
The proposed solution assumes - as reported by Infor - that elderly people living in their own apartments located in buildings without an elevator on at least the 4th floor above ground will be able to conclude a lease agreement with the commune for a premises that is part of the commune's housing resources, provided that they also rent to the commune the premises in which they previously lived .
As a result, the commune will be able to sublet the rented premises under the terms and conditions applicable to the commune's housing resources to persons waiting to rent a municipal premises.
If the bill comes into effect, a new lease, the senior lease, will come into effect . The bill has been submitted for public consultation.
Infor calculates that both projects are primarily addressed to people aged 60+, regardless of any income thresholds, and are intended to guarantee the possibility of concluding agreements with the municipality that will secure the housing needs of such people.
Both also provide that after the death of the senior citizen, the following persons cannot enter into the tenancy relationship:
- a spouse who is not a co-tenant of the premises,
- children of the tenant and his spouse,
- other persons to whom the tenant was obliged to pay maintenance, and
- a person who was actually in cohabitation with the tenant,
- which is to protect the interests of municipalities.
Moreover, both of these projects also apply to residential properties, but do not cover building properties.
The most important differences between both projects:
- according to the parliamentary draft law, municipalities will be able to buy a flat from an elderly person and then rent it to that person, with the only restriction that after his death the lease will not be transferred to other people;
- the second project combines two parallel lease agreements - it introduces a senior lease agreement as an optional agreement, concluded at the request of an elderly person.
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