The draft amendment to the Act on the protection of tenants' rights, municipal housing resources and on amending the Civil Code was submitted for consultation in September. The assumption was that seniors were to rent their apartment to the commune and, in return, use an adapted municipal (senior) premises. At that time, the commune was to sublet the senior citizen's apartment to another person. As Stanisław Trociuk, deputy Commissioner for Human Rights, points out, such a structure may expose seniors to the risk of losing access to their own premises and cause problems in the event of eviction. Some financial issues also remain unclear.
“These problems result from the fact that three legal relationships are linked (two premises lease agreements and one sublease agreement), which create a conflict of interests and rights of the senior citizen and the subtenant of the premises,” explains Trociuk in a letter to the Chancellery of the Prime Minister. He therefore calls for urgent changes to the project. The act is to enter into force on January 1, 2026, but the date may change depending on the course of legislative work in the Sejm and Senate. The project is currently in the public consultation phase. The matter of the Ombudsman's comments was described by the website dziennik.pl.
The risk of evicting a subtenant is borne by the senior.
The biggest concern is the issue of eviction. If a senior's lease is terminated, he – and not the municipality – will be responsible for regaining his apartment. If the subtenant refuses to leave the premises, the senior will have to go to court. The entire process may take many years. During this time, the senior may also lose the right to a municipal apartment, which means additional costs for him in the form of compensation for the municipality.
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Destruction of the premises by a subtenant is also a problem for seniors
Additionally, the project does not provide mechanisms to protect seniors against possible damage caused to their premises by subtenants. If damage occurs, seniors will have to pursue their rights in courts, in accordance with the principles of civil law.
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Seniors have to pay rent, but the act does not specify whether the commune does as well
The Ombudsman also draws attention to the lack of clearly defined rules regarding the financial obligations of the parties. Although seniors would pay rent for a municipal apartment, the act does not say whether the municipality is obliged to pay them remuneration for renting their apartments. These issues are left to negotiations between the parties, which – according to the Commissioner for Human Rights – puts seniors in a worse position during the talks.
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Narrow circle of beneficiaries. People with disabilities were omitted
One of the problems of the project is the fact that only people over 60 will be able to take advantage of senior rental. The Ombudsman was criticized for omitting younger people who have serious disabilities – for example, diseases of the musculoskeletal system or circulatory system. Such people often need to adapt or change their apartment to one located on the ground floor or equipped with an elevator.
