Poland proposes changes to municipal housing inheritance rules

Poland's Ministry of Development has proposed changes to regulations concerning the inheritance of municipal housing, aiming to increase access for those truly in need. The revised draft seeks to end the automatic right for individuals to inherit municipal apartments upon the death of the original tenant.

Under the original proposal, individuals living with a tenant would have had three months to apply for a new lease agreement. The municipality would then have the right to refuse the application if the new tenant did not meet the criteria for municipal housing or could afford a higher rent based on their income. The ministry's goal was to prevent the perpetual "inheritance" of municipal housing by families, regardless of their financial situation, while approximately 117,000 households are currently on the waiting list for such housing.

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In the consciousness of citizens from municipal housing, the conviction has been ingrained that the death of a family member – the tenant of the premises, will have no impact on their legal and housing situation.

However, the initial draft faced strong opposition from tenant organizations, including "Moje mieszkanie komunalne" and "Warszawiak na swoim," as well as the Deputy Ombudsman, Stanisław Trociuk. They argued that the proposed changes would undermine the housing stability of thousands of Polish families, potentially leading to homelessness. They also criticized linking rent payments to income, viewing it as a penalty for professional success and deeming the entire project unfair.

Tenant groups emphasized that residents of municipal housing have long held the belief that the death of a primary tenant would not affect their housing situation. The proposed short, three-month window to apply for a new lease could lead to the loss of their claim, particularly for vulnerable individuals such as the elderly or those receiving social assistance.

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This may concern individuals who are not self-sufficient in life, including the elderly, beneficiaries of social assistance, or those who meet the criteria.