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OHR, UNHCR and OSCE would like to remind all those who
have still not claimed their socially owned apartments in the Federation of BiH
that the following four categories of people still have an opportunity to do so
before October 4, 1999:
- Those whose occupancy rights were cancelled by court
decisions. These court decisions have been annulled by the Federation
of BiH, and one more chance is given for repossession claims to be filed with
the local housing authorities, but only before October 4, 1999. If someone
already has a court decision restoring their occupancy right, but has not yet
been able to return to the apartment, they can either seek enforcement of the
decision with the Court or submit a claim to the local housing office.
However, they should seek legal advice on this.
- Those whose apartment was never declared abandoned, and
have not yet repossessed their apartment, in most cases because it is occupied
by someone else. Prior to the July 1999 amendments to the law, local housing
authorities were not competent to accept claims for repossession of apartments
that were never declared abandoned. Instead, these persons were required to
initiate a court procedure in order to reclaim their apartments, which in many
cases is a slow and difficult procedure. Now local housing authorities are
obliged by law to receive and decide upon claims for the repossession of such
apartments. Any claim must be filed by October 4, 1999. If someone is already
going through the Court procedure, then they should seek legal advice on
whether to continue or go to the local housing office and file a (new) claim.
- Those whose apartment is destroyed or damaged. The
housing authorities used to declare themselves incompetent for deciding upon
claims for repossession of such apartments. For this reason these individuals
have been given additional time - until October 4, 1999 - for filing a claim
to repossess their apartment. In cases where they receive a decision
confirming the occupancy rights, they will be able to return to their
apartments as soon as the apartments are reconstructed.
- Those who voluntarily gave up their occupancy right to an
apartment during the period 1 April 1992 and 7 February 1998 in exchange for
an occupancy right to a new apartment. Under the law, their occupancy
right to the new apartment is now a temporary one. These persons must now file
a claim for repossession of their pre-war apartment before October 4, 1999.
If someone falls into one of these categories and has not yet filed a claim
for the repossession of their socially-owned apartment, they have a chance to do
so only before October 4, 1999 or they risk losing their
occupancy right permanently.
A claim for the repossession of an apartment can be filed by the occupancy
right holder, a household member or an authorised representative. Claims must be
submitted to the office for housing affairs (or in Sarajevo with the Cantonal
housing department ) in the municipality where the claimed flat is located. The
claim can be submitted in person by the claimant, the authorised representative
or anybody else on their behalf, or sent by mail (use registered mail and keep
the receipt!). Housing offices must accept a claim, issue a receipt and decide
upon it even if the claimant cannot provide other supporting documents. It is
against the law for the authorities to charge an administrative fee or tax for
submitting a claim.
For further information and advice, also for a standard claim form, the
public should contact the nearest legal aid centre, UNHCR, OHR, OSCE or RRTF
office.
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