HPD – the focus during 2005

HPD will complete its mandate

Of the approximately 29.000 claims were filed with the HPD, at the conclusion of the 30th plenary session of the HPCC (Housing and Property Claims Commission) on 18 June 2005, approximately 28,000 claims (96.3%) were decided and some 11,200 claims (38.5%) were implemented. In relation to the last remaining claims, the plan is that these will be adjudicated on by the HPCC in August 2005 while all decisions will be implemented by December 2005. While this is an ambitious target, the HPD considers that it can be achieved.

By the end of 2005, the HPD will have ensured the effective implementation of its mandate together with the successful attainment of Standard 6(2) of the Kosovo Standards Implementation Plan (KSIP) in that the properties are “returned [to the] rightful owner”. Further, through its ongoing work and cooperation with the PISG and other local and international stakeholders in the property rights field, the HPD will continue to contribute to the attainment of other parts of Standard 6 of the KSIP.

The proposed Rental Scheme

HPD has developed a rental scheme, which may enable successful claimants to place property under HPD-administration with a request to lease it out. This will generate income from their property and at the same time maintain the property rights of successful claimants, thus giving property right holders an option to return to their property at some time in the future should they so desire. Further, it will provide for an alternative to the sale of these properties, and therefore keep all options open for the future.

Through such a rental scheme, the property will be both legally and physically protected. Additionally, it will be maintained and utilized both as an income generating object and as a tool to meet the growing demand for housing in Kosovo. The aim is to make the mechanism sustainable through self-funding.

The rent charged would therefore be set so as to cover the following fees:

(1) the cost of administering the rental scheme;
(2) maintenance of the housing unit;
(3) public fees and taxes; in addition to
(4) the net amount payable to the lawful property right holder.

It is envisaged that the scheme will constitute a standardized, controlled, Kosovo wide, social housing mechanism. However, the implementation of such a scheme is subject to it receiving political endorsement from both UNMIK and the PISG.

Compensation and Restitution Scheme for successful Claimants

Special attention will be given during the year ahead to the compensation scheme set up under Section 4 of UNMIK Regulation 2000/60. This scheme applies in two scenarios.

Firstly, it will apply 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.

Capacity building

Through its communication with courts, ministries, municipalities and other organs, the HPD will continue contributing to the building of capacity within the local institutions.

It will also continue building the capacity of its own local staff by allowing them to deal with complex property issues and conduct advanced legal reasoning. This capacity will secure a smooth handover of the HPD-mandate to the local structures. The disproportion between the number of national and international staff members and the presence of the former in key positions within the HPD’s structure is an indicator that capacity has in fact been built.