Glossary

• The Housing and Property Directorate
  The Housing and Property Directorate (HPD) has been entrusted with the lead role in matters relating to the resolution of claims concerning residential property in Kosovo. Section 1.1 of UNMIK Regulation 1999/23 mandates the HPD to:
  
  “provide overall direction on property rights in Kosovo until the Special Representative of the Secretary-General determines that local governmental institutions are able to carry out the functions entrusted to the Directorate.”
  Section 1.1 of this Regulation also prescribes a range of duties and responsibilities entrusted to the HPD which flow from its mandate as follows:
  1) To conduct an inventory of abandoned private, state and socially owned housing;
  2) To supervise the utilization or rental of such abandoned property on a temporary basis for humanitarian purposes;
  3) To provide guidance to UNMIK, including CIVPOL and UNHCR, as well as KFOR on specific issues related to property rights; and
  4) To conduct research leading to recommended policies and legislation concerning property rights.
  Ad Further, section 1.2 of the Regulation determines that the HPD’s jurisdiction overrides that of the Kosovo judiciary in respect of the three categories of claims over residential property as set out under the heading “A Claim” above.
  The HPD is mandated to administer abandoned residential properties until they are repossessed by the lawful property right holders, see section 12 of UNMIK Regulation 2000/60, considered under the heading “Administration” above. – click here to go to UNMIK Regulation 1999/23 and UNMIK Regulation 2000/60.
  
  
• Housing needs - humanitarian cases
  In response to a claim, a current occupant who is notified that there is a claim filed over the property in which he resides, may request the HPD to take his/her housing needs into consideration. In making such a request, he/she should provide HPD with all information relevant to an assessment of his/her housing needs, see section 9.6 of UNMIK Regulation 2000/60.
  In response to such a request, the HPD may grant temporary permits to occupy property under its administration, subject to such terms and conditions as it sees fit. Temporary permits shall be granted for a limited period of time, but may be renewed upon application. The HPD has established criteria for the allocation of properties under administration on a temporary humanitarian basis, see further, section 12.4 and 12.5 of UNMIK Regulation 2000/60. As to the issuing of an eviction order in respect of such a property, see section 12.6 of UNMIK Regulation 2000/60. It should be noted however that the HPD’s mandate is not an humanitarian, but a legal one, namely to settle disputes concerning residential property and to execute/implement decisions so as to enforce the rule of law. The obligation to provide for and address social housing issues rests firmly with the PISG (Provisional Institutions of Self Government) and in particular the Municipalities. This responsibility was transferred from UNMIK to the PISG pursuant to Section 1.3(k) of UNMIK Regulation 2000/45.
  
  
• Implementation
  Implementation is the process by which a decision of the HPD/HPCC is actually enforced. Successful category A and C claimants have three options regarding the implementation of their claims. They can choose between:
  (1) Closure of the case without any further implementation;
  (2) HPD-administration; or
  (3) Repossession.
  By requesting closure of the case the claimant permanently waives his/her right to request the HPD to undertake any further action on his/her behalf. Jurisdiction over the property is on closure referred back to the local judiciary.
  Where a party requests that the property be placed under "HPD-administration", this means that he/she authorizes the HPD to temporarily take possession of the property until he/she requests repossession. The HPD will then allocate the property in line with its internal allocation criteria.
  Where a claimant opts for repossession the HPD will secure the handover of the property. A claimant is entitled to one eviction only. He/she will be informed that the eviction is scheduled to take place a maximum of seven days in advance of the eviction and within 24 hours after its execution, which is considered to be the time of legal repossession of the property. From this point on the case is closed from the HPD’s side. Repossession is considered in further detail under the heading “Repossession” below. Deadlines for Implementation of HPCC Decisions Some successful claimants have failed to indicate how they wish to have their claims implemented. This creates delays in the implementation of property rights decisions as the HPD cannot take action if the owner does not indicate what s/he wishes to do with the property. Since the HPD’s mandate will be implemented by the end of 2005 and the HPD will exit Kosovo, claimants have two weeks on being informed that a decision has been granted in their case, within which to collect the 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 no request is notified to the HPD regarding implementation, 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. Successful category B type claims are considered implemented where the HPD/HPCC as the case may be, orders that the ownership of the claimant be registered in the appropriate public record, discussed above under the heading “Decisions”.
  
  
• Informal transaction
  Any real property transaction, which was unlawful under the provisions of the Law on Special Conditions Applicable to Real Estate Transactions (Official Gazette SRS 30/89, as amended by the laws published in Official Gazette SRS 42/89 and 22/91) or other discriminatory law, and which would otherwise have been a lawful transaction, see section 1 of UNMIK Regulation 2000/60.
  
  
• Inventory case
  Property placed under HPD administration ex officio, pursuant to the mandate of the HPD as set out in section 1.1 of UNMIK Regulation 1999/23.
  
  
• Languages
  The official language of the HPCC is Albanian, English and Serbian. The HPD also conducts its business in these three languages and a claim form and a reply to a claim may be submitted to the HPD in any one of the three languages, see sections 9.9 and 17.5 of UNMIK Regulation 2000/60.
  
  
• Limitation periods
  The limitation periods applicable to proceedings filed before the HPD/HPCC are considered above under the heading “Deadlines”.
  
  
• Mandate
  The mandate of the HPD and HPCC is considered above under the headings “HPD” and “HPCC” respectively or see further sections 1 and 2 of UNMIK Regulation 1999/23 by clicking here.
  
  

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