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FAQ: FILING A CLAIM

 

Who is eligible to file a claim?

You may file a claim if your claims falls into one of the following categories of claims:
(a) you had ownership, possession or an occupancy right to a residential property which you lost after 23 March 1989 due to discrimination;
(b) you voluntarily entered into an informal transaction of a residential property between 24 March 1989 and 13 October 1999 and could not register it due to discrimination; or
(c) you were the owner, the lawful possessor or the occupancy right holder of a residential property prior to 24 March 1999 and you do not now enjoy possession of the property as someone else is illegally occupying your home now.

The HPD may also be able to assist you if you have received notification that a claim has been lodged on your property.

Do I require a lawyer in order to take initiated or participate in HPD proceedings?

No.

What if I want someone else to represent me?

If you want someone else to represent you, you must provide him or her with a Power of Attorney (POA).  This is a legal instrument by which the authority is conferred on another person to act on your behalf.  It must be certified by the HPD or a competent court and should contain the following information:

a) your name, address and identity number;
b) the name, address and identity number of the person whom you are authorizing to represent you; and
c) an explicit outline and description of the functions that you wish the person whom you are authorizing to represent you,to actually carry out-(stating that the authorization is for (e.g. - "to represent me before the Housing and Property Directorate; or to receive the decision and keys from the HPD/HPCC and/or to receive the decision and keys from the Housing and Property Directorate").

You must provide your Authorized Representative with a copy of your ID card, in addition to all the other necessary documentation/information in order to enable him/her to act on your behalf.

The HPD will not provide unauthorized parties with information about your claim.  If you send someone to the HPD office to represent you without appropriate documentation/a valid power of attorney, the HPD will not deal with this person.Further, the HPD will not grant an extension of any deadlines missed by you because you did not provide your authorized representative with the correct documents.

Can I represent other members of my family?

If you are a member of the family household (e.g. parent, child or grandchild) of the person who has a property right you may file a claim on their behalf.  You must state in your claim form that you are a member of the family household. 

If you are a family member, but not a member of the family household you must be in possession of a valid Power of Attorney (POA) to represent the property right holder.

Is there a cost for this procedure?

No, filing a claim with the HPD is free. 

 

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