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Frequently Asked Questions

Pyetjet e shpeshta (Shqip)

Najcesce postavljana pitanja (Srpski)

 

A. FILING CLAIMS
1. Who is eligible to file a claim?
2. When is the last day to file a claim?
3. It is after the 1 July 2003 deadline, can I still file a claim?
4. Where can I file claim?
5. Do I require a lawyer in order to file a claim?
6. Do I have to file in person?
7. What if I want someone else to file a claim for me or to represent me before the HPD?
8.Can I file a claim for other members of my family?
9. Is there a cost to file a claim?

B. RESOLVING CLAIMS
10. How long will it take to process my claim?
11. An international is illegally occupying my property, is there a faster way to deal with someone who is not claiming a property right that is not from Kosovo?
12. Does the HPD help get compensation for moveable property damaged as result of illegal occupation?
13. How can I make contact with the other party?

C. SELLING PROPERTY
14. Does the HPD assist in selling property?
15. Does the HPD have list of properties for sale?
16. I am purchasing a property from a claimant, can I arrange to have the current occupant evicted?

D. PUTTING PROPERTY UNDER ADMINISTRATION
17. Can I put my property under the administration of the HPD?

E. DESTROYED PROPERTY
18. If my house was damaged or destroyed, will the HPD still consider my claim?
19. Where can I get documentation to prove that my house was destroyed?
20. Does the HPD help people rebuild houses?

F. BEING NOTIFIED OF A DECISION AGAINST YOUR HOME
21. I have received notice of an HPCC decision. Can I appeal?
22. I have received notice that the HPD will evict me from the property where I am living now. Can the HPD take my humanitarian concerns into account?

G. COURTS AND OTHER ADMINISTRATIVE BODIES
23. I have been notified that a municipal court or other governmental agency has initiated proceedings concerning the property I have claimed or where I am living now. What can I do?
24. I wish to file a claim for commercial property. Can the HPD assist?

H. HUMANITARIAN HOUSING AND SOCIAL NEEDS
25. Does HPD provide housing for people in need?
26. How can I apply for humanitarian housing?
27. Do I have to pay rent for humanitarian housing?
28. What documents do I need to show that I have needs for accommodation?

I. CONTACTING THE HPD
29. I wish to speak to the lawyer working on my case or to represent my case directly to the commissioners in person. How do I schedule an appointment?
30. To whom can I address my inquiries?

A. FILING CLAIMS

1. Who is eligible to file a claim?

You may file a claim with the Housing and Property Directorate (HPD) if:

a) you were an occupancy right holder, lawful possessor, or owner of an apartment or house before 24 March 1989 and you lost the right because you were discriminated against;
b) you entered into a property transaction between 24 March 1989 and 13 October 1999 and could not validate the transaction and register it because the law prohibited the transaction; or
c) you were an occupancy right holder, lawful possessor, or owner of a house or an apartment on 24 March 1999 and someone else is living in your apartment or house illegally.

Additionally, the HPD may be able to help you if:

d) you have received notification that a claim has been lodged against your property;
e) you are in need of temporary housing on humanitarian grounds; or
f) you have a residential property that you are unable to occupy or control and you would like the HPD to administer the property for you.

2. When is the last day to file a claim?

If you qualify to submit a claim to the HPD, you must have done so before 1 July 2003.

3. It is after the 1 July 2003 deadline, can I still file a claim?

No. You have missed the deadline and cannot make a claim with us or with any other body.

However, there is still a way you can protect your rights. Please visit one of our offices and fill out a "Request for Placing Property under HPD Administration." With this form, we can take the details of the property you wish to claim, and initiate proceedings which could bring the property under HPD administration. If we are able to bring the property under HPD administration (this may not be possible, depending on any rights asserted by the current occupant), you may in the future submit a request to us that we terminate administration, and we may subsequently act upon that request at a time we feel appropriate.

You should be aware that, in taking a property under administration, the HPD is making no determination that you are the legitimate property right holder, or that no person or entity has a stronger entitlement than you. You must still demonstrate that you have a right to the property before the HPD can release a property from our administration to you. Even then, at that time, the HPD will not certify any property right.

4. Where can I file claim?

You may file a claim in person at any of the HPD's Regional Offices. The HPD currently has offices located in Pristina, Gjilan/Gnjilane, Mitrovica, Peja/Pec, Prizren, Belgrade, Podgorica, and Skopje.

Each office runs mobile outreach service to villages to bring the Directorate's services to people who are unable to travel to one of the HPD's offices.

A list of office addresses and phone numbers is available at:

http://www.hpdkosovo.org/Regional%20Office.htm.

5. Do I require a lawyer in order to file a claim?

No.

6. Do I have to file in person?

Yes. However, if for reasons such as security or health you are not able to submit a claim or reply in person at any of the HPD regional offices, you can authorize someone to act on your behalf through a Power of Attorney (POA). This person will be your Authorized Representative.

Claims cannot be filed over the internet or by telephone.

7. What if I want someone else to file a claim for me or to represent me before the HPD?

If you want someone else to represent you, including filing a claim on your behalf, you must provide an authorized representative with Power of Attorney (POA).

A POA is a legal instrument granting the authority to another person to act on your behalf. It must be certified by a competent court and should contain the following information:

a) the name, surname, address, and identity number of the person granting the POA;
b) the name, surname, address, and identity number of the person to whom you are authorizing to act on your behalf; and
c) an explicit description of what the authorization is for (e.g. - "to submit a claim to the Housing and Property Directorate for repossession of my property.").

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

The HPD will not provide non-authorized parties with information about your claim. If you send someone to represent you but have not submitted the appropriate documents as listed, then the HPD will not recognize that person. The HPD will not grant extensions for deadlines missed because you did not provide a representative with the correct paperwork.

8. Can I file a claim for 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 bring documents to show that you are a member of the family household. If, however, you are not a member of the family household you must have a Power of Attorney (POA) to file a claim on someone else's behalf.

9. Is there a cost to file a claim?

Filing a claim with the HPD is free. There are no fees to file a claim. If you are asked to pay a fee to file a claim contact the HPD immediately to report this fraudulent behaviour.

B. RESOLVING CLAIMS

10. How long will it take to process my claim?

The HPD has received over 26,000 claims. Each claim is individually researched, the other parties have the legal right to be notified and reply, and documents must be verified to ensure they are authentic and confer the rights alleged. The investigation includes further interviews and verification of documents submitted. Where appropriate, mediation is undertaken in an attempt resolve the claim. With each case, the time it takes to conduct investigations and interviews is different.

Generally the claim process is as follows:

The length and complexity of the claims process depends on the nature of the claim itself and whether or not it is contested. Therefore, the HPD is unable to make any prediction as to when a specific claim will be resolved.

However, the Directorate and the Commission are currently resolving over 1000 claims per month, and we have the intention to complete all but the most difficult claims by the end of 2004.

11. An international is illegally occupying my property, is there a faster way to deal with someone who is not claiming a property right that is not from Kosovo?

No. The same rules apply for all persons occupying properties.

12. Does the HPD help get compensation for moveable property damaged as result of illegal occupation?

The HPD does not take claims for compensation for damage to or destruction of property.

13. How can I make contact with the other party?

As part of the resolution of the claim the HPD will assist the parties in communicating with each other. This can be done through the HPD or the parties can contact each other directly. However, the HPD does not give out contact details of the parties without the permission of the parties. Further information on the parties is only given in the context of mediation with the consent of the parties. It is not available to anyone who is not participating in the claim or if the parties have requested that their contact information be kept confidential.

C. SELLING PROPERTY

14. Does the HPD assist in selling property?

The HPD is NOT A REAL ESTATE AGENT. If the claimant chooses to resolve the claim through a sale of the property the HPD will assist as part of mediation. However, there are other options to resolve a claim such a rental agreements and the HPD administration of the property. The HPD does not encourage property sales as a way to resolve the claim.

15. Does the HPD have a list of properties for sale?

The HPD is NOT A REAL ESTATE AGENT. We do not maintain a list of properties for sale.

16. I am purchasing a property from a claimant, can I arrange to have the current occupant evicted?

If the claim has not yet been resolved by the HPCC, that means the HPCC has not yet determined that the Claimant's claim was legitimate. Many claims are invalid and are dismissed. You should consider this before you purchase. Furthermore, to evict the occupant before the HPCC has made a decision is a violation of human rights.

Potential purchasers should also be aware of Section 5.2 of UNMIK Regulation 2000/60, which states that, until the 1 June 2003 deadline or while a claim is pending before the HPCC, whichever is later, sales of many properties which used to be public or socially-owned housing, whether belonging to municipalities, public enterprises, or other public bodies, are illegal.

If the owner's family household was not the occupancy right holder of such a property before 23 March 1989, then the sale of the property is illegal until after the claim is resolved or 1 June 2003, whichever is later. The only exception is if the sale itself resolves the claim (for example, the current occupant purchases the property from the claimant).

Potential purchasers should also beware that claimants may not legally own the properties they may try to sell. HPCC decisions normally only determine a claimant's right to possess the property. Sometimes, the claimant has a right to possess the property, but never properly privatized that property. Properties which were illegally privatized may in the future be returned to the legitimate owner. Therefore, a potential purchaser should take care that the seller has a right to sell.

D. PUTTING PROPERTY UNDER ADMINISTRATION

17. Can I put my property under the administration of the HPD?

This option is available to property right holders who are not able to return to their residential property. It is also available to property right holders who do not know who is in their property and have no control over how their property is being utilized. By requesting the HPD to administer the property right holder grants the HPD authority to administer the property until such time as the property right holder wishes to return to the property.

By requesting your property placed under administration, the HPD will know who is temporarily residing in your property. At any given time you can give notice of your intent to return to your property. Please note that repossession does not take place immediately if the property has been allocated and occupied. Section 12.7 of UNMIK/REG/60/2000 provides that ". . . following a request from the owner or occupancy right holder, the Directorate will deliver an eviction order requiring the current occupant to vacate the property within 90 days . . ."

Administration by the HPD provides the legal owner/occupancy right holder with the opportunity to take his/her time in deciding what he/she should do with his/her property. Rash decisions to sell can be avoided. It is comforting to know that the HPD has a record of who is living in the property. In addition you may be helping people who are in desperate need of temporary accommodation.

The HPD cannot take properties under administration which are the subject of claims. If you wish to use this option and have filed a claim which has not already been decided by the HPCC, you must withdraw that claim. You should be aware that once you withdraw your claim, it will never be presented to the HPCC and you will never receive an HPCC decision regarding your property right.

You should also be aware that, in taking a property under administration, the HPD is making no determination that you are the legitimate property right holder. You must still demonstrate that you have a right to the property before the HPD will release a property under its administration to you. Even then, at that time, the HPD will not certify any property right.

If your claim has already been decided by the HPCC, then the HPD can at your request take the property under administration and return it to you later with the rights certified to you by the HPCC.

E. DESTROYED PROPERTY

18. If my house was damaged or destroyed, will the HPD still consider my claim?

The HPD has jurisdiction for claims to residential property where the property is under dispute. If your property has been damaged or destroyed and is not inhabitable, the HPD cannot consider your claim.

However, should someone else rebuild your property, your claim to the property can be reopened if you filed a claim before the 1 June 2003 deadline. Therefore, the HPD recommends that you file a claim before the deadline even if you know your property has been destroyed.

19. Where can I get documentation to prove that my house was destroyed?

You do not need any specific documents to prove your property has been destroyed. The HPD will conduct an investigation to confirm your allegations.

20. Does the HPD help people rebuild houses?

No.

F. BEING NOTIFIED OF A DECISION AGAINST YOUR HOME

21. I have received notice of an HPCC decision. Can I appeal?

Within thirty days of being notified of an HPCC decision, a party to the decision has the right to request that the HPCC reconsider its decision

a) upon the presentation of legally relevant evidence, which was not considered by the HPCC in deciding the claim originally; or
b) on the ground that there was a material error in the application of the UNMIK Regulations concerning the HPD and HPCC.

Someone who did not participate in the original proceedings may under limited circumstances also request reconsideration within thirty days of learning of the HPCC's decision, if they can show good cause why they did not participate in the original proceedings.

A decision by the HPCC is final and cannot be appealed to any other governmental body in Kosovo.

22. I have received notice that the HPD will evict me from the property where I am living now. Can the HPD take my humanitarian concerns into account?

Yes. You should inform the HPD immediately of your needs. The HPD will take your statement into account as part of its program to administer other properties.

G. COURTS AND OTHER ADMINISTRATIVE BODIES

23. I have been notified that a municipal court or other governmental agency has initiated proceedings concerning the property I have claimed or where I am living now. What can I do?

Section 1.2 of UNMIK Regulation 1999/23 and Section 3.1 of UNMIK Regulation 2000/60 give the Housing and Property Directorate exclusive jurisdiction over specific property issues. If a court or other similar body is attempting to resolve a claim to residential property, it may be acting outside its jurisdiction. You should contact the HPD immediately with any court documents you receive.

24. I wish to file a claim for commercial property. Can the HPD assist?

The HPD only has jurisdiction over residential property and cannot assist you with claims for commercial property.

H. HUMANITARIAN HOUSING AND SOCIAL NEEDS

25. Does HPD provide housing for people in need?

The HPD is not a humanitarian organization and does not have the capacity to house everyone in need. However, the HPD does have properties under its administration for people with humanitarian needs.

The HPD's limited properties dedicated for humanitarian use are primarily meant for people whom the HPD must evict from other properties which were the subject of a successful claim but who would literally have no other place to go but onto the street. The HPD cannot vouch for the quality of these properties, only that they have four walls and a roof.

For the majority of people who merely have social needs, the HPD is unable to offer accommodation. They should instead turn to their municipal governments, which are responsible for social welfare.

26. How can I apply for humanitarian housing?

You can go to the HPD regional office covering your region of origin in Kosovo to make an application for temporary humanitarian accommodation. If you have difficulty in accessing the appropriate HPD office due to security reasons you can also apply at any HPD office.

The HPD will take into account several factors, including whether you have other housing available to you in Kosovo, your financial situation, and your connection to the local area where you have requested housing.

27. Do I have to pay rent for humanitarian housing?

At this time, you do not have to pay rent if you meet all the criteria established by the HPD.

28. What documents do I need to show that I have needs for accommodation?

In principle you do not need any documentation to prove you need humanitarian accommodation. However, your application will be processed more quickly with some evidence.

I. CONTACTING THE HPD

29. I wish to speak to the lawyer working on my case or to represent my case directly to the commissioners in person. How do I schedule an appointment?

The lawyers who are handling cases must remain impartial and cannot favor either side. Should they have additional questions for you, they will contact you directly. Otherwise, they do not have direct contact with parties to proceedings.

If you have additional documentation or information you wish the HPD and HPCC to consider before making a decision, you should present those documents in writing to the HPD as soon as possible.

Under UNMIK regulations, no one can give evidence or argument to the HPCC in person unless invited to do so by the HPCC, and then only under very strict guidelines. You cannot request a hearing.

30. To whom can I address my inquiries?

You should contact the HPD if you need to submit additional relevant documents or information, or wish to report a change of address or telephone number.

You may contact the HPD by letter, telephone, fax, or email. Complete contact information for our offices is available at
http://www.hpdkosovo.org/Regional%20Office.htm.

Your inquiry should have your name and claim number.

Since the HPD has received over 26,000 claims, it is unable to predict when any individual claim will be resolved by the HPCC. Therefore, you should not contact the HPD regarding the status of your claim. You will be notified as soon as the HPCC has made a decision in your case.

However, the Directorate and the Commission are currently resolving over 1000 claims per month, and we have the intention to complete all but the most difficult claims by the end of 2004.