Glossary

• Claim
  A claim is a claim which the HPD has jurisdiction to receive and register pursuant to Section 1.2 of UNMIK Regulation 1999/23 and Section 2 of UNMIK Regulation 2000/60 as follows:
  
  (a) Claims by persons whose, ownership, possession or occupancy right to residential property has been revoked between 23 March 1989 and 24 March 1999 on the basis of discrimination – known as category A claims;
  (b) Claims by persons who entered into informal voluntary transactions of residential property between 23 March 1989 and 13 October 1999, which transactions were rendered unlawful due to discriminatory laws, and which would otherwise have been lawful – know as category B claims;
  (c) Claims by persons who were the owners, possessors or occupancy right holders of residential property prior to 24 March 1999 and who do not now enjoy possession of their property and where they have not voluntarily disposed of their property right – known as category C claims.
  
  The procedure for initiating a claim is set out in Section 8 of UNMIK Regulation 2000/60.
  
  
• Claimant
  A person who files a claim with the HPD pursuant to section 1.2 of UNMIK Regulation No. 1999/23, or, where that person is unable to make a claim, a member of the family household of that person, who files a claim on that person’s behalf, see section 7.2 of UNMIK Regulation 2000/60.
  Note also that a claimant may be represented by an authorized person with a valid and duly executed Power of Attorney, see section 7.3 of UNMIK Regulation 2000/60.
  As to the content of claims and the rights of the parties to a claim, see sections 8 and 9 of UNMIK Regulation 2000/60.
  
  
• Closure
  This is one of the options available to a claimant who has been informed that his/her claim has been successful. Where a claimant requests closure of the case, he/she permanently waives the right to request any further action in relation to their property from the HPD. Jurisdiction over the property is with the closure of the case referred back to the local judiciary.
  
  
• Commission/ Commission session/ Commissioner
  The Housing and Property Claims Commission (HPCC) which was established pursuant to section 2 of UNMIK Regulation 1999/23. The rules of procedure and general rules governing the HPCC are set down in Chapter III of UNMIK Regulation 2000/60. For more information on the rules of procedure of the HPCC; its composition; decisions; etc. click here – link to UNMIK Regulation 1999/23 and 2000/60.
  
  
• Connected claim
  A connected claim is where more than one claim has been filed in respect of the same property – two similar category claims maybe filed or different categories of claims may be filed over the one property, e.g., a category “A claim” and a category “C claim”.
  
  
• Compensation and Restitution
  Compensation is payable in cases where the HPCC has determined that a Category A-claimant had an occupancy right over a claimed property, which was cancelled as a result of discrimination, and a Category C-claimant had an ownership right over the same property. In such cases, the Category A-claimant will have the right to ownership of the property upon payment to the HPD of a sum to be determined and the C-claimant who looses his/hers ownership will be entitled to receive compensation.
  Secondly, where an A-claimant does not pay the sum determined by the Directorate or where it is not possible for the HPCC to award restitution of the apartment to an A-claimant, the latter will be issued with a certificate entitling him/her to receive fair compensation; a C-claimant in such case will be entitled to possession of the claimed property.
  The execution of this procedure can only be effected after the final calculation of the amounts to be paid. With the caseload completed by mid 2005, HPD will thereafter commence with the calculation of the individual amounts of compensation payable in each case.
  As to the general principles governing the relief which may be granted to successful claimants, see further sections 2, 3 and 4 of UNMIK Regulation 2000/60.
  
  
• Compensation for damaged or destroyed property
  The HPCC does not have jurisdiction to receive claims for compensation for damage or destruction of property, see section 2.6 of UNMIK Regulation 2000/60.
  
  
• Damage to properties under administration
  The Directorate is under an obligation to make reasonable efforts to minimize the risk of damage to any property under its administration, but it does not bear any responsibility for damage to property under its administration or for loss of or damage to its contents, see further section 12.8 of UNMIK Regulation 2000/60.
  
  
• Deadlines/Limitation periods applicable to HPD/HPCC proceedings
  Filing a claim
  The deadline for filing a claim with the Housing and Property Directorate was 1 July 2003.
  Reconsideration Requests
  The deadline for a party to submit to the HPD a request to the HPCC for the reconsideration of its decision is 30 days from the date of being notified of that decision. An interested person who is not a party to a claim is required to submit a reconsideration request within 30 days of learning of the decision but no later than one year from the date of the HPCC decision. However, it should be noted that in the interests of the efficient and fair resolution of claims, the Directorate may, in specific cases, extend any deadline or dispense with any procedural rule in this Chapter, where there is good reason to do so and this would not materially prejudice the rights of any party, see section 9.10 of UNMIK Regulation 2000/60. Further the HPCC may in specific cases, proceed notwithstanding non-compliance with any procedural rule by any party or by the Directorate in the interests of the efficient administration of justice, where there is good reason to do so and this would not materially prejudice the rights of any party, see section 19.6 of UNMIK Regulation 2000/60.
  Implementation
  The HPD’s mandate will be fully implemented by the end of 2005 and the HPD will exit Kosovo. In order to ensure the implementation of all decisions, claimants have two weeks on being informed that a decision has been granted in their case, within which to collect that decision at the HPD office. Thereafter, they have a further two weeks within which to notify the HPD as to their preferred option for implementation. If the decision is not collected by the claimant and/or the claimant does not inform the HPD of his/her preferred choice for implementation of the decision, the HPD will proceed to close the case. Any future request from the claimant to have the decision implemented will have to be directed to and addressed by the local authorities, see the notices to the public on our web-page at ,http://www.hpdkosovo.org/index.htm.

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