Glossary

• Repossession
  After being notified that a claim has been successful, the claimant may request repossession of the claimed property – this is one of the options of implementation which the claimant may choose as discussed above under the heading “Implementation”. The request must be made in writing, preferably by filling out and signing a form entitled “Request for eviction”. Following the receipt of such a request from a successful claimant, the HPD will request any occupant of the property to vacate it within 90 days. If the occupant does not vacate the property voluntarily, the HPD will issue a warrant authorizing his/her eviction from the said property. Evictions are discussed under the heading “Eviction” above. A claimant will be informed a maximum of seven days in advance of the eviction, and within 24 hours after it is executed. After the eviction is carried out the claimant is required to IMMIDIATELY enter into repossession of the claimed property. After the eviction, the HPD is fully absolved of any further responsibility for the property. The case is deemed to be closed and HPD will take no further action. A similar procedure applies where a successful claimant places property under HPD’s administration and, at some point, informs the HPD that he/she wishes to terminate the administration and repossess his/her property, see further section 12 of UNMIK Regulation 2000/60.
  
  
• Representation (of claimant or party to a claim)
  A claimant or a party to the claim may be represented by an authorized person with a valid and duly executed power of attorney. In exceptional cases, where the provision of a power of attorney is problematic the HPD may certify an alternative document authorizing representation of a claimant; see section 7.3 of UNMIK Regulation 2000/60.



• Restitution
  Section 2.2 of UNMIK Regulation 2000/60 prescribes that any person whose property right was lost between 23 March 1989 and 24 March 1999 as a result of discrimination has a right to restitution in accordance with the provisions of this Regulation. Restitution may take the form of restoration of the property right (hereafter “restitution in kind”) or compensation; see section 4 of UNMIK Regulation 2000/60. Restitution and compensation are considered above under the heading “Compensation and Restitution”.
  
  
• Restitution in kind
  See restitution, ibid.
  
  
• UNMIK Regulation 1999/23
  Issued on 15 November 1999 - established the Housing and Property Directorate and the Housing and Property Claims Commission, click here to go directly to the Regulation.
  
  
• UNMIK Regulation 2000/60
  Issued on 31 October 2000 - determines the rules of procedure and evidence of the HPCC and the HPD, click here to go directly to the Regulation.
  
  
Summary procedure
A claim in which the claimant alleges that s/he was the owner, possessor or occupancy right holder of residential real property prior to 24 March 1999 (otherwise known as a category C claim) filed with the HPD pursuant to section 1.2(c) of UNMIK Regulation No. 1999/23, which is uncontested, may be considered by the HPCC under a summary procedure. In such cases the HPCC may make an order for the recovery of possession of the property if satisfied that there is evidence that the claimant was in uncontested possession of the property prior to 24 March 1999, see further section 23 of UNMIK Regulation 2000/60.


• Temporary permit/authorization
  Considered under the heading “Humanitarian Housing” above.
  
  
• Uncontested claim
  A claim may be classified as uncontested when there is evidence that the claimant was in uncontested possession of the property prior to 24 March 1999.
  
  
• Withdrawal
  A withdrawal of a claim occurs where a claimant notifies the HPD that s/he wishes to withdraw his/her claim prior to a final decision having been taken on the merits of that claim by the HPCC.
  
  

<< previous