Eviction only with alternative accommodation? The government is preparing a revolution in regulations

The introduction of protection for evicted persons in the context of administrative enforcement – similar to that applicable in judicial enforcement – is assumed in the project, information about which was published on Tuesday in the government's list of legislative works. The new regulations are intended to better protect, among others: pregnant women and minors.

This is a draft amendment to the Act on enforcement proceedings in administration and the Act on the protection of tenants' rights, municipal housing resources and amending the Civil Code authored by the Ministry of Finance and Economy.

No more evictions from the administration

As written in the government's list of works, the purpose of the proposed regulation is to introduce administrative enforcement minimum protection of evicted people against eviction “to the street”. The currently applicable provision of the Act on Enforcement Proceedings in Administration refers to enforcement against real estate or premises used to meet the housing needs of the obligor, but – as the authors of the bill explain – it does not contain regulations guaranteeing minimum protection against homelessness for people who are unable to meet their housing needs on their own.

Pursuant to this provision, the executor removes movable property from the property or premises and calls on the persons staying there to leave, and in the event of resistance, he may take appropriate steps to apply direct coercion.

Lack of protection in current regulations

These provisions – as indicated – are in contrast to the provisions governing judicial enforcement they do not guarantee proper protection for evicted persons against being evicted “on the street”, including the possibility of suspending evictions in the autumn and winter periodor suspending evictions due to failure to indicate temporary accommodation or failure to provide temporary shelter in a shelter for the homeless.

Moreover, the above-mentioned provisions do not guarantee the protection of particularly protected persons, including: pregnant women, minors, people with disabilities, incapacitated or unemployed.

As indicated in the information about the project, allowing “on the street” evictions without minimum guarantees for people who are unable to meet their housing needs on their own, leads to a violation of the principle of respect for dignity.

New rules and protection period

In accordance with the solutions to be included in the draft amendment, regulations will be introduced to the Act on enforcement proceedings in administration, according to which evictions would not be carried out in the period from November 1 to March 31 of the following year. Moreover, the enforcer would evict the obligated person (…) to another premises to which that person has a legal title (…), and if the evicted persons do not have a legal title to another premises (…), the enforcer would not evict the person until the commune, at the request of the enforcement authority, provides the person with a temporary premises.

The proposal indicates that if the evicted person is not entitled to temporary accommodation, the enforcer will remove him or her to a night shelter or a shelter for the homeless, where temporary shelter will be provided by the commune at the request of the enforcement authority.

Support for particularly sensitive people

The project also proposes solutions providing additional protection in the event of eviction of particularly protected persons. Pursuant to them, the enforcement authority will suspend enforcement proceedings if the obligation to vacate the premises applies to: a pregnant woman, a minor, a disabled or incapacitated person and a person taking care of such a person and living together with him/her.

These provisions also apply to bedridden people with confirmed health status, retirees or disability pensioners who meet the criteria for receiving social assistance benefits and people with unemployed status. In such cases, the creditor will file a lawsuit to the common court to determine the eligibility of these persons to conclude a social premises lease agreement.

Exclusions from eviction protection

The proposal also assumes the exclusion of protection against eviction “to the street” if the obligor has been paid compensation or an advance payment for the loss of ownership of the premises subject to vacating. The protection will also not apply if the decision to vacate the premises was issued due to his “gross or persistent violation of domestic order (…) or in the event of a judgment being issued against the obligated party, which shows that he used domestic violence.”

The planned date of adoption of the project by the Council of Ministers is the fourth quarter of 2026 (PAP)

mchom/ agz/