Poland’s government abolishes automatic inheritance of municipal housing, requiring formal approval and income assessments for new leases.
End of Automatic Transfer
The government is changing regulations away from the current mechanism in Article 691 § 1 of the Civil Code. The Ministry of Development and Technology has prepared a project that introduces a completely new procedure where the financial situation of persons remaining in the housing after the tenant’s death will be key.
Current Rules vs. Proposed Changes
Currently, when a residential tenant dies, persons who continuously lived with them automatically enter into the lease relationship without needing a new agreement. Under the proposed changes, this automatic transfer would end, requiring formal procedures and the landlord’s consent. The new rules would include criteria like lacking other housing and having appropriate income levels.
Income-Based Rent Structure
Rent in new leases would be set based on income levels. Higher-income individuals would pay increased rent, which would allow for more flexible fee differentiation. The Ministry argues this change will help allocate housing to those who actually need it, rather than those who can afford private housing.
Formal Requirements and Timeline
Interested parties must submit a declaration to the landlord within 3 months of the tenant’s death, confirming they lack other housing and providing income certificates. The landlord would then have 6 months to provide a written offer. Failure to respond would result in the loss of the right to lease and require vacating the property.
Government Rationale and Systemic Impact
The government argues the current system allows municipal housing to be occupied by individuals who can meet their own housing needs, while those most in need wait for allocation. This change, affecting thousands of housing units nationwide, is intended to give municipalities real control over who uses public housing resources, prioritizing those without alternative housing and insufficient income.
Broader Context
This change to municipal housing inheritance rules is part of a broader discussion on efficient use of municipal housing resources and directing public support to those in genuine material need. During transition periods, occupants would continue to pay rent based on what would be due if the lease relationship hadn’t ended.
