Public Defender addressed Mr. Mamuka Katsarava, the Head of the City Office for Social Care and Culture of Tbilisi City Hall with recommendation to make sure that beneficiaries selected by the representative council move into the social house in timely manner and to take appropriate measures to ensure that the right to adequate housing of the homeless individuals currently residing without permission in the given house is fulfilled.

On August 23, 2013 Public Defender was addressed with a collective application by T. M., R. P., G. K., Sh. Sh., L. Ts. and others concerning housing issues.

The applicants are beneficiaries selected by temporary representative council as beneficiary families, who will be provided social housing within the joint project (Social Housing in a Supportive Environment) of Tbilisi City Hall and Swiss Agency for Development and Cooperation.

Presented documentation demonstrates that on August 22, 2013 a contract on temporary usage of the social housing was concluded between the owner of the housing (the Head of the City Office for Social Care and Culture of Tbilisi City Hall) and beneficiaries of the social house.

Paragraph 5.2.2 of the given contract allows termination of the contract if the beneficiary and/or his/her family members do not move into the social house within 10 calendar days from conclusion of the contract.

According to the applicants, they are unable to move into the social house, since it is already occupied by other individuals. Moreover, they state that they are unable to pay housing rent and therefore are temporarily homeless at the moment.

Based on all of the above, the beneficiaries may end up violating the mentioned provision of the contact (paragraph 5.2.2) due to reasons beyond their control, endangering their right to temporary usage of the social house. This, in turn, would mean that the joint project (Social Housing in a Supportive Environment) of Tbilisi City Hall and Swiss Agency for Development and Cooperation will not be accomplished successfully.

In addition, the house that was built within the project is currently unlawfully occupied by socially vulnerable, homeless individuals, who at this stage were not selected as beneficiaries of the project as they do not satisfy certain criteria.