Our recommendation – that the Ministry of the Environment and Spatial Planning (MOP) draft amendments
to the Housing Act which places an obligation on municipalities to provide a certain number of residential
units (as per the number of residents) of a suitable standard; publish a call for the allocation of non-profit
apartments for lease at certain intervals; make a thorough analysis of the management of multi-dwelling
buildings, and supervise the work of managers of multi-dwelling buildings more closely – remained unrealised
and dependant on the anticipated amendment to the Housing Act (SZ-1) following the passage of the National
Housing Programme, which points to progress; however, it is too slow and for many people even too late.
Our recommendation on additional personnel for the Housing Inspection Service has not been acted on
and is linked to the excuse about the staffing plan of the Inspectorate of the Republic of Slovenia for the
Environment and Spatial Planning under the auspices of which the Housing Inspection Service operates. We
believe that a reassignment of public employees from other state authorities could be a possible solution. Our
recommendation to clearly define the competences of the Housing Inspection Service was also not observed.
Regarding the urgent elimination of violations, which in our opinion arise from the unequal position of all
former holders of occupancy rights (those in denationalised and others in socially-owned flats), the Ministry of
the Environment and Spatial Planning stated its opinion only with regard to tenants in denationalised flats, i.e.
that social and other protection provided to these persons by the applicable legislation is suitable. For reasons
given in its 2014 annual report (p. 250), the Ombudsman does not agree with this argument.
2.9 HOUSING MATTERS
The recommendation on the equalisation of rights of former caretakers – those who used apartments as
holders of occupancy rights and those with temporary rights – was also not acted on.
Evictions and insufficient housing stock of the state and municipalities
In 2015, we also considered numerous cases relating to which the complainants wrote to us immediately
before an announced eviction. They admitted the non-payment of liabilities relating to apartments or other
debts, but they also stated that this was due to their loss of jobs or other unpredictable and uncontrollable
problems. They asked us to help postpone evictions, find new apartments or allocate aid for the payment of
debts.
2.9.3 Homelessness
Evictions and the inability of the state to provide at least a roof over the head of people who find themselves
in distress, if not a proper home, are the reasons for people’s homelessness. We particularly dealt with this
issue in 2015 and met NGOs operating in this field. In cooperation with the Slovenian Network of Organisations
Working with the Homeless and the Socio Association, we held a press conference on the occasion of World
Homeless Day. The Deputy Ombudsman spoke about the Ombudsman’s findings and recommendations at
the event, ‘Homelessness Here and Now’, which was organised in Koper by the Slovenian Red Cross, Regional
Red Cross Association Koper and SVIT Koper, the Association for helping addicts and their families. During the
Ombudsman’s visits to individual municipalities, we always discuss this topic with mayors. The Ombudsman
was an honorary sponsor of the Homelessness Congress in Piran, where she also spoke and emphasised the
Ombudsman’s efforts in this field.
Joint findings and proposals include:
- A special act on homelessness should be considered which would also regulate housing issues. At present,
the field is only very partially regulated according to individual sectors which lack mutual coherence.
- Since several rights may be violated simultaneously in regard to homeless people – not only the right to
adequate housing and home, but also the right to health insurance and social security – it is necessary to
address homelessness immediately and with all due responsibility.
Regarding the above, our general finding from previous years must be repeated: there is a lack of sufficient
housing and residential units; insufficient funds are provided for residential construction; the existing housing
legislation lacks flexibility, since it fails to promote mutual assistance between municipalities when resolving
housing issues, and finally, many problems could be eliminated with a suitably managed policy on leasing
private apartments.
2.9.4 Subsidising rents
Regarding subsidised rents, we point out the issue of the existing Housing Act, which determines that only
people who applied to the latest call of a municipality to obtain non-profit flats were eligible for subsidised
market rent. The problem is that municipalities publish these calls at very different and ‘rare’ intervals due to
the shortage of flats, so individuals who cannot apply to these calls are also unable to obtain subsidies even
if, according to the income census, they are entitled to them. We propose that the competent ministry resolve
this situation when drafting the new Housing Act.
In July 2015, the Human Rights Ombudsman of the Republic of Slovenia filed a request for a constitutional
review of Article 25 of the Act Regulating Measures Aimed at the Fiscal Balance of Municipalities in
connection with Article 8 of the Exercise of Rights from Public Funds Act with the Constitutional Court
of the Republic of Slovenia with a proposal to suspend execution of the challenged legal provision and a
proposal for absolute priority discussion. The Constitutional Court has not decided yet on this matter.
We provide an example below in which a municipality did not want to disburse a rent subsidy and execute a
decision in spite of the enforceability of the decision of a competent social work centre. How can an individual
trust in the rule of law if the authorities provide such a poor example?
Example:
Enforcement against a municipality which refuses to disburse rent subsidies
A complainant contacted the Ombudsman and informed us of the decision of a social work centre (CSD)
which stated that the complainant was entitled to a subsidised market rent for the apartment in which he
resided with his large family. The subsidy was supposed to have been be paid by the municipality in which the
complainant and his family live. The complainant claimed that the municipality did not meet the obligations
stated in the relevant CSD’s decision, due to which his large family was at risk of eviction.
When discussing the complaint, it was established that the municipality was not meeting the obligations
stated in the CSD’s decision although the decision was enforceable. The municipality did not agree with the
decision, which it stated in its preliminary opinion, and it also contested the amount of the subsidy and the
eligibility for rent subsidy.
Regarding the CSD’s activities, they explained that they could not take any legal action against the municipality,
which refuses to disburse the rent subsidy. We informed the CSD that we did not agree with the aforementioned,
because it was understood from the clarifications received from the Ministry of Labour, Family, Social Affairs
and Equal Opportunities in another case that the CSD was obliged to file an enforcement proposal to the
Financial Administration of the Republic of Slovenia (FURS) at the request of a client or enter such a request in
an e-enforcement application. The CSD was informed thereof.
- The number of homeless persons is growing; the structure of homelessness has changed. If homeless people
in the past were mainly unemployed men aged about 50, today they include entire families.
- It is necessary to adopt a strategy to combat homelessness, which NGOs should be included in preparing,
since proposals and solutions must come from practice, not merely theory.
In its additional reply, the CSD explained that they had received instructions from the Ministry of Labour,
Family, Social Affairs and Equal Opportunities after our intervention that the authority issuing the decision
114
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
ANNUAL REPORT OF THE HUMAN RIGHTS OMBUDSMAN OF THE REPUBLIC OF SLOVENIA FOR 2015
115
2.9 HOUSING MATTERS
2.9.2 Realisation of the Ombudsman’s recommendations
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents