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(en) Poland, rozbrat: Enough to squatters! - Statement of WSL and Anarchist Federation FA Poznan on regressions Wielkopolskie Association of Tenants [machine translation]

Date Fri, 22 Sep 2017 18:40:32 +0300


Another tenant mobilization is necessary. The problem of so-called. recessions . It concerns about 430 cases at this time, although perhaps the scale of the phenomenon in Poznan is greater. It consists in the fact that, after a court judgment on evictions with the allocation to social housing, the waiting tenants must pay compensation for non-contractual use of the premises in accordance with the law in force. On the other hand, due to long-term negligence, the city could not (and can not) immediately after the verdict, indicate the social housing. ---- The tenants waited for five, seven, and in extreme cases, even ten years for social housing. At that time the compensation was usually in the range of PLN 10.00 to PLN 15.00 per m², although the rent in the social property is currently PLN 2.45 per m². Many tenants could not pay such high damages (sometimes called "criminal rent") and were indebted, waiting for a social housing.

They could not change their address at that time because they would lose the right to social housing, granted to them by the court. At the same time the owners of the premises, unable to enforce the "criminal rent" (compensation) from the tenants, demanded that money from the city. The city covered these debts, and now demands their return from the tenants (hence, in this case we are talking about recourses). The problem is, The tenants would never have been indebted to those amounts if they had not waited many years for the city to execute a final court judgment granting them the right to social housing. The city did not comply with the statutory duty to provide housing to people in need of low incomes, which are one of the most important (though not the only) criteria on the basis of which the tenants belong to a social housing. For material reasons, residents were not able to pay a high fee for an apartment, which, in spite of the logic of the verdicts themselves, was demanded from them (in the form of "punitive rent" or "compensation"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. If not for many years waiting for the city to execute the final judgments of the courts, granting them the right to social housing. The city did not comply with the statutory duty to provide housing to people in need of low incomes, which are one of the most important (though not the only) criteria on the basis of which the tenants belong to a social housing. For material reasons, residents were not able to pay a high fee for an apartment, which, in spite of the logic of the verdicts themselves, was demanded from them (in the form of "punitive rent" or "compensation"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. If not for many years waiting for the city to execute the final judgments of the courts, granting them the right to social housing. The city did not comply with the statutory duty to provide housing to people in need of low incomes, which are one of the most important (though not the only) criteria on the basis of which the tenants belong to a social housing. For material reasons, residents were not able to pay a high fee for an apartment, which, in spite of the logic of the verdicts themselves, was demanded from them (in the form of "punitive rent" or "compensation"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. The city did not comply with the statutory duty to provide housing to people in need of low incomes, which are one of the most important (though not the only) criteria on the basis of which the tenants belong to a social housing. For material reasons, residents were not able to pay a high fee for an apartment, which, in spite of the logic of the verdicts themselves, was demanded from them (in the form of "punitive rent" or "compensation"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. The city did not comply with the statutory duty to provide housing to people in need of low incomes, which are one of the most important (though not the only) criteria on the basis of which the tenants belong to a social housing. For material reasons, residents were not able to pay a high fee for an apartment, which, in spite of the logic of the verdicts themselves, was demanded from them (in the form of "punitive rent" or "compensation"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. who, in spite of the logic of the verdicts themselves, were demanded years (in the form of "punitive rent"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing. who, in spite of the logic of the verdicts themselves, were demanded years (in the form of "punitive rent"). At the same time, local authorities do not actually bear any responsibility for long-term failure to provide social housing.

The Wielkopolska Association of Tenants (WSL) and the Anarchist Federation of Poznan (FA) have consistently been of the opinion that the demand in this case of money tenants for non-contractual use of premises is particularly curious and unethical, as well as legally questionable. In the spring of last year we were interested in this issue of the Ombudsman (ROP). Under the outflow of the ROP opinion, which divided the doubts as to the legitimacy of removing recourse from tenants, the city suspended several court proceedings and bailiff executions for a dozen or so months. Over the past few weeks, these proceedings have resumed, although earlier it was declared that this problem will be settled by the relevant resolution of the City Council of Poznan. Such resolutions have never been made.

WSL and FA categorically oppose pulling down regressions and consider it unacceptable that the costs of hitherto erroneous social and housing policies in the city of Poznan were borne by persons with the lowest financial status. Despite the changes in the city's new management, the return to enforcing regressions is a step backward in the city's housing policy. Responsible for this are the board and city council and a broader set of interests related to real estate developers, banks and tenants. These interests are implicated by the prominent politicians in our city of all political options, which - as we see - are not interested in major changes in social and housing policies.

This is also the responsibility of the government, which has not changed the hardships of tenants in any way so far. In October 2016, a draft amendment to the tenement law was introduced at the initiative of the Ministry of Infrastructure and Construction. Changes included settlements unfavorable to tenants, among others. allowing the court to freely award the right to social housing. Meanwhile, the Act on the Protection of Tenants' Rights ... in case of pregnant women, sick people, unemployed, children, etc., orders the courts to grant social housing. Changing this recipe would have us back to the so- Blidy's law, when courts were more arbitrary in adjudicating on the right to social housing, resulting in mass "evictions on the pavement". Under the influence of criticism of housing organizations, PiS government retreated early this year. From this amendment, but no other necessary changes were made at the same time. One of them, written in the abovementioned draft amendment, was a provision stating that tenants waiting for a eviction order to pay for social security did not pay a "penal rent," but a fee they would have to pay for social housing. The introduction of this regulation would make it easier for local governments - from a legal point of view - to waive the recovery of rents above the rent of a social house. But that did not happen, because the government lost interest in the amendment of the law when the tenant organizations protested the rules to facilitate "evictions on the pavement". Let's now add that there are currently regulations governing the governmental "Apartment +" program. The relevant law is to encourage developers to build rental apartments for a "reasonable price", but at the same time allows "evictions on the pavement" - in the case of so-called. institutional lease, which can also be used by entities so far operating in the rental housing market.

In other words, all political forces, not only do not care about the fate of debtors and their displaced tenants, but constantly reach for legal and institutional solutions that facilitate the forced displacement of people. In the case of self-governments as well as the government, the influence of the developer lobby and apartment owners continues to shape the framework of housing policy, which strikes the tenants, especially those with lower financial status. Despite the earlier declarations, neither the PiS nor the opposition (in particular the PO and .Modern) are, as you can see, interested in the fundamental changes on this ground. The action taken by the government and the local government is facade, and symbolic at best. Meanwhile, the tenement movement demands concrete action to prevent mass displacement, evictions on the pavement, speculation on the housing market and cleaning of townhouses. Demand for cheap housing construction for rent of a social and public nature, and not "subsidy" developers associated with financial institutions.

In the case of regressions, the WSL and the FA ask the Poznan city authorities to make a decision on their total remission. In this case we intend to protest to the effect.

Wielkopolska Association of Tenants www.wsl-poznan.pl
Anarchist Federation s. Poznan www.rozbrat.org

http://www.rozbrat.org/informacje/poznan/4564-do-nkania-lokatorow-owiadczenie-wsl-i-fa-pozna-ws-regresow
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