Glossary

• Decisions – power to issue
  Both the Housing and Property Directorate (HPD) and the Housing and Claims Commission (HPCC) may resolve claims and issue decisions. However the jurisdiction of the HPD to do so is limited to the following types of claims:
  1. Where a claim manifestly falls outside the HPCC’s jurisdiction, the HPD may issue a written decision, rejecting such a claim, see section 10.3 of UNMIK Regulation 2000/60. However note that where a claimant contests the HPD’s rejection of his/her claim, the claim must be referred to the HPCC for a decision.
  2. Where a party submits a claim alleging that s/he voluntarily entered into an informal transaction of residential property on the basis of the free will of the parties between 23 March 1989 and 13 October 1999 (i.e. also know as a category B claim) and where that claim is uncontested, and the HPD is satisfied that there is sufficient evidence that the claimant acquired the property right through the informal transaction, the HPD may issue an order for registration of the claimant’s informal transaction in the appropriate public record, see section 11 of UNMIK Regulation 2000/60.
  All other claims which fall outside of these two categories must be referred to the HPCC for resolution.
  
  
• Decisions of the HPCC
  In its decision, the HPCC may make any one of the following orders:
  a. Dismiss the claim, not granting any property right to the claimant;
  b. Dismiss the claim, not granting any property right to the claimant, but referring the property dispute to the local court;
  c. Grant the claim and order repossession for the claimant (for category A and C claims);
  d. In circumstances where the property is destroyed, grant a declaratory order in relation to the property (for category A and C claims);
  e. Grant the claim and order registration in the appropriate public record (for category B claims);
  f. Where there are two claims filed over the same property, it may grant the claim and order ownership to one claimant and compensation to the other claimant (i.e. where there is a successful category A and C claim in relation to the same property).
  For more information on the decisions of the Housing and Property Claims Decision, click here – or see section 22 of UNMIK Regulation 2000/60.
  
  
• Declaratory order
  The HPCC issued declaratory orders in cases where the property over which a claim has been filed is destroyed. This order recognises the property right of the claimant over the said property at the time when the property was destroyed. The order may be used in court proceedings to contest any subsequent illegal occupation of the land on which the destroyed property stands, or to facilitate reconstruction of the property or prove ones entitlement to benefit from any future compensation scheme. It should be noted that disputes related to the destruction of the property, compensation for destruction or issues concerning the unauthorised use of the land are outside the jurisdiction of the HPCC, and must be addressed to the local courts.
  
  
• Eviction
  The procedure for executing an eviction is set down in section 13 of UNMIK Regulation 2000/60. Firstly the HPD is required to deliver a certified copy of the HPCC’s decision and any order to the current occupant of the claimed property. Where the current occupant does not vacate the property, the HPD shall then deliver an eviction order issued by the HPCC to the current occupant. The HPD may, at its discretion, delay execution of the eviction order for up to 6 months, pending resolution of the housing needs of the current occupant, or under circumstances that it deems fit. The HPD must inform the current occupant and the claimant of the reason for the delay, see further section 13 of UNMIK Regulation 2000/60.
  It should be noted that the execution of a pending eviction order shall be stayed from the time of lodging a reconsideration request until the HPCC has decided on the reconsideration request, unless the HPCC decides otherwise, see section 14.3 of UNMIK Regulation 2000/60. As to reconsideration requests generally, see section 14 of UNMIK Regulation 2000/60 considered below under the heading “Reconsideration Requets”.
  As to eviction orders where the property is under HPD administration, see section 12 of UNMIK Regulation 2000/60, considered above under the heading “Administered Property”.
  
  
• Evidence
  As a general rule the HPCC decides claims on the basis of written submissions and documentary evidence. No party is entitled to give oral evidence before the HPCC unless invited to so do. Where a party is invited to give oral evidence before the HPCC, the hearing must take place in public and be conducted under the direction of the Chairperson; the HPCC and due notice must be given to the parties, see section 19.2 of UNMIK Regulation 2000/60. In so far as the submission of written or documentary evidence is concerned, parties to a claim are required to submit originals or certified copies of any documents on which they wish to rely in support of their claim and which are relevant to the claim and within their possession or procurement (i.e. may be reasonably obtained from a public record), see section 9.5 of UNMIK Regulation 2000/60 . The HPCC may require the HPD to obtain more information from a party, or to conduct additional investigations, see section 21.2 of UNMIK Regulation 2000/60 . In so far as the conduct of plenary sessions is concerned, the HPCC may be guided but is not bound by the rules of evidence applied in local courts in Kosovo. Further, it may consider any reliable evidence, which it considers relevant to a claim, including evidence presented by the Directorate concerning the reliability of any public record, see section 21 of UNMIK Regulation 2000/60.
  
  
• The HPD Exit Strategy
  The HPD’s exit strategy will focus on the following areas of activity:
  • The implementation of HPCC decisions;
  • The hand-over of all claims files to the local courts together with a consolidation of the HPCC’s jurisprudence.
  • The hand-over of best practices to local authorities
  • The enhancement of a database to be handed over to the designated local authorities;
  • The development of a rental scheme for administrated properties;
  
  
• The Housing and Property Claims Commission
  The HPCC is the independent judicial organ of the HPD which was established under section 2 of UNMIK Regulation 1999/23. It is mandated to resolve disputes concerning residential property referred to it by the HPD pursuant to section 10.4 of UNMIK Regulation 2000/60.
  Its rules of procedure and evidence are set down in Chapter III of UNMIK Regulation 2000/60 and it is assisted in the performance of its judicial functions by a Registry. It sits in plenary session ordinarily six times per year in Pristina and/or conducts proceedings through telephone conferences and electronic means. As to the rules of procedure of the HPCC and provisions governing plenary sessions, see Chapter III of UNMIK Regulation 2000/60 – click here to go to UNMIK Regulation 1999/23 . As to its rules of evidence generally, see section 19 and 21 of UNMIK Regulation 2000/60, considered above under the heading “Evidence”.
  
  

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