Recommendations

Recommendation on Granting Housing

In accordance with article 21 (b) of the Organic Law of Georgia on Public Defender, Public Defender of Georgia has addressed the Minister of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia with recommendation to take into consideration material hardship of citizen N.A. and her two sisters, Internally Displaced Persons (IDPs) from Abkhazia and provide them with housing.

IDP N.A. filled an application at the Office of Public Defender of Georgia in regards with providing her with housing.

According to the application and accompanying documents N.A., together with her sisters is renting a residence in Varketili District, Tbilisi. They are all registered in the unified database of socially vulnerable families of the Social Service Agency of Ministry of Labour, Health and Social Affairs of Georgia. Varketili District is indicated in the database as the permanent residence of the family.

In accordance with the Law of Georgia on State Property, Order of the Minister of Economy and Sustainable Development of Georgia on Approval of Privatization of State Property in Case of Direct Purchase and in view of the President’s Decree on Approval of Privatization of State Owned Property in Case of Direct Purchase, ownership of the housing that she was occupying in the IDP settlement in #25A Moscow District, Tbilisi was transferred to the third sister of the applicant.

The presented case files also show that according to the purchase contract between Ministry of Economy and Sustainable Development of Georgia and M. A. the buyer is obliged to provide housing to all three sisters in the purchased private property.

However, M.A’s family consists of 7 members and the private property they own is only 69.19 m2. Therefore, applicant N.A and her two sisters have never lived there.

According to current standards for rehabilitation, reconstruction and construction of collective centers for providing housing for extensive period of time to the IDPs, estimated by the Supervisory Board at the Ministry of Internally Displaced Persons from the Occupied Territories, Accommodation and Refugees of Georgia, 50-60 m2 of housing space is envisaged for 5-6 residents. Extra 5m2 should be provided for each additional resident.

The purpose of creating standards of rehabilitation, reconstruction and construction of collective centers for providing housing was to ensure that adequate housing was provided to IDPs. Since, it is impossible for 10 individuals to live together in a 69.19m2 residence, basically N.A and her two sisters, IDPs from Abkhazia region have not been provided adequate housing by the State.

It should also be taken into account that the applicant’s family is experiencing material hardship. The only source of income for the family is the financial aid provided to IDPS determined by the current legislation. Therefore the sisters are unable to pay the rent every month and are in danger of losing housing.

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