The Right of a Squatter to a Social Flat

Abstract

The aim of the article is to give interpretation of Article 24 of the 21 June 2001 Protection of the Occupants' Rights, the Housing Reserves and Modification of the Civil Code Act (Dz. U. No 71, item 733 with the changes), according to which a squatting person who is ordered by the court to leave the premises, is not entitled to a social flat, unless in the light of the rules of social coexistence granting one would be especially justified. In the author's opinion the above regulation is directed to the court and not to the district; hence the court may decide that the squatter is entitled to a social flat. Such a solution is supported by the grammatical, functional and historical interpretation of the regulation. The question remains open as to the validity of granting a social flat to such people. However, this doubt is directed to the legislator, and not to courts that apply the binding law.