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Thousands Risk Losing Access to Social Housing Programmes

04-06-2024/in HLP, News /by Rand Shamaa

The Council of Ministers approved on March 26 a settlement for thousands of applicants of social housing programmes that had had their subscription cancelled since the beginning of this year because they failed to pay their monthly instalments for eight consecutive months. The programmes affected are the Youth and Labour housing programmes.

The settlement included imposing extremely high fines that are disproportionate to the monthly incomes of the applicants and that, in some cases, exceed the market value of the monthly instalments. If the fines are not paid, the subscription to these affordable housing programmes will be permanently cancelled.

This settlement, instead of resolving the issue of cancelling the subscriptions of many applicants, has instead become an additional problem for applicants, especially those wishing to continue their adherence to the youth housing projects.

The Ministry of Public Works and Housing, through its construction companies, including the General Housing Establishment (GHE), implements social housing programmes aimed at providing low or medium-cost housing and sells it to applicants in an affordable manner. The ministry relies on Legislative Decree No. 26 of 2015, which outlines the operations of GHE, along with its executive instructions issued in Decision No. 8 of 2016.

Applications for the youth housing project began in 2002, and by 2005, the number of applicants had reached approximately 62,000. According to recently published data from the GHE, there are currently 55,000 applicants. The completion of youth housing projects was originally planned for between 2012 and 2016, but in reality, most of these projects are still under construction, or construction has not yet begun.

In August 2022, the Ministry of Housing issued Decision No. 6375, which amended the terms for paying monthly instalments in social housing projects. The new terms state that a delay in paying monthly instalments for 240 consecutive days is sufficient to cancel the subscription or the allocation of social housing without the need to warn or notify the applicant.

Subsequently, in its letter No. 11838/6, dated December 3, 2023, the GHE called on youth and labour housing applicants to collect their new electronic cards before the end of 2023. These cards would enable them to pay instalments exclusively via the National Electronic Payment System starting from the beginning of 2024. However, a significant number of applicants were surprised to find no cards issued in their names and that they had been excluded from the payment lists. Many subscriptions were considered cancelled due to irregular payment of monthly instalments for over 240 consecutive days (eight months), retroactively applied to before 2016, even if they had previously settled their payments. According to local media, this affected about 5,000 applicants in youth housing projects across areas controlled by the Damascus government and hundreds in labour housing projects.

In a meeting on March 26, the Council of Ministers, addressing the legal gap that caused the issue, adopted a settlement proposal from the Ministry of Housing. This proposal gives owners of cancelled subscriptions a deadline of July 28 to regularise their status and pay their outstanding instalments with fines.

The Ministry of Housing did not publish the text of the proposal, and the Cabinet did not release the details of the settlement or mention any decision on this matter. Conversely, on April 4, the GHE issued announcement No. 2459/6, inviting those eligible for the settlement, or their legal representatives, to visit the establishment’s branches to review the conditions, bringing with them bank statements related to their payments. However, the GHE later issued another announcement, No. 3130/6, on May 14, removing the requirement for the presence of the applicants or their legal representatives, allowing anyone to settle the status of the cancelled ledger on behalf of its owner.

According to the procedures, settlement involves a single clause: imposing new fines on the owners of the cancelled subscriptions in order to reactivate them, or permanently cancelling the subscription if the fines are not paid. This is based on Article 25 of Decree No. 26 of 2015, which states that subscriptions or allocations can be cancelled due to the applicant’s failure to comply with payment conditions. In such cases, previous payments are refunded after deducting administrative expenses amounting to 10 percent.

Notably, the GHE did not specify the amount of the fines or the calculation method. Instead, it linked the fines to the duration of the delay or irregularity in payments, to be calculated individually for each case. According to testimonies from applicants who spoke to official media after settling, fines range between SYP 2 and 15 million. It should be mentioned that most of the monthly instalments do not exceed SYP 8,000. The GHE stipulated that the fine must be paid in full and cannot be paid in instalments.

Many of those currently seeking settlement had previously settled and received clearance from the GHE. However, the GHE recalculated their previous delays and demanded a new settlement. Some suggest there were electronic errors in calculating the delay periods following the GHE’s digitisation of its files. Some applicants who wished to settle filed objections to the fines imposed on them, revealing in many cases errors due to repeated fine calculations.

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2024-06-04 19:19:442024-06-12 09:20:49Thousands Risk Losing Access to Social Housing Programmes

Ministry of Housing Keeps up its Campaign Against Housing Cooperatives

01-11-2022/in HLP, News /by Rand Shamaa

The Ministry of Public Works and Housing continues to interfere in housing cooperative societies, from dissolving them to restructuring their administrative councils, prosecuting violators and merging different cooperatives. These actions followed the dismantling of the General Union of Housing Cooperatives, which represented and defended such societies, in 2019.

Though a host of issues plague the housing cooperative sector, around 2,500 societies have nevertheless managed to construct roughly 220,000 housing units in recent decades–compared with just 77,000 units built by government social housing programmes overseen by the Ministry of Housing. 

Dissolving cooperatives

After Law No. 37 of 2019 was issued, dissolving the General Union of Housing Cooperatives, the Ministry of Housing started a campaign to dissolve hundreds of cooperatives in various governorates. 

Under Decree No. 99 of 2011, which regulated the housing cooperatives sector, (and Law No. 37), the Ministry of Housing may dissolve cooperatives for any of four different reasons: 

  1. If the cooperative has stopped operations;
  2. If any obstacles are preventing the cooperative from continuing its work or meeting its obligations;
  3. If membership numbers dip below the foundational number of 100 members;
  4. If the cooperative hasn’t implemented any projects three years after receiving its licence. 

A decision by the Ministry of Housing to dissolve a cooperative includes forming a “dissolution committee” headed by an auditor. Such decisions also determine the tasks of the committee and its work period. Decree No. 99 (and Law No. 37) state that the dissolution procedures begin when a decision to dissolve a cooperative is published in the Official Gazette. The ministry may keep a cooperative’s assets and other items via public prosecution. Meanwhile, the previously formed Building Committee has the right to take on the tasks of the former cooperative’s administrative council in all matters related to completing the remaining work, including subdividing and registering the properties. The building committee is composed of elected occupants of the cooperative-built housing block. 

Any balance sheets resulting from the dissolution process go to the Ministry of Housing. Members will only receive the shares and other payments they’ve already paid. The ministry carries out any payment of funds during dissolution in cases where the dissolved cooperative’s assets are insufficient. Finally, the ministry is not obliged to pay off any debts owed by the cooperative except within the scope of the dissolution process. 

After publishing the account information for dissolution, any party may appeal these accounts within two months before the Civil Court of Appeals, which then issues a final judgment. The right of members to file personal liability lawsuits against any administrative council members or other actors carrying out the dissolution is cancelled one year after the announcement of the final dissolution results. 

Violations and punishments

In early October, the Minister of Public Works and Housing issued several statements saying that the Central Commission for Monitoring and Inspection is currently viewing thousands of violations that had allegedly been carried out by cooperatives, with a particular focus on corruption and cronyism. 

Decree No. 99 of 2011 stipulates one to six months imprisonment and a fine of up to SYP 30,000 for all founders and members of cooperatives’ administrative councils or committees, auditors, dissolution officials and cooperative employees for several violations. Those violations include forging tables, giving preference to certain housing applicants, illegally changing construction plans, selling construction materials belonging to the cooperative, disposing of any construction materials outside the scope of the cooperative’s projects, falsifying record ledgers, issuing false documents and more. 

Restructuring administrative councils

According to statements by the Minister of Housing, the ministry has since 2020 worked to re-elect housing cooperative administrative councils and appoint temporary administrative councils. Such councils consist of at least five members elected by a general commission composed solely of founding members of the housing cooperative. Administrative councils serve four-year terms, which can be renewed once. A representative from the Ministry of Housing attends council meetings and elections. 

The Minister of Housing may appoint a temporary administrative council of a housing cooperative composed of the cooperative’s members and a ministry representative in cases where:

  • The council’s term has ended;
  • Most membership slots are vacant;
  • Its interests are under threat;
  • Its funds are at risk of being lost;
  • It has not yet implemented ministerial decisions.

Members of the dissolved council and cooperative employees must hand over all the cooperative’s assets, records, books and documents to the temporary council. 

Once formed, the temporary council must invite the general authority to convene within three months to discuss their plan and elect a new administrative council. If no quorum is reached two consecutive times, or if a new council is not selected, the housing cooperative is dissolved or merged with another cooperative by decree of the Minister of Housing. 

The temporary council’s term may be extended by one year via decree from the Minister of Housing. During this time, the council may continue exercising the authorities granted to it by the decree that appointed the body, except for accepting any new members or dismissing current ones. This measure contradicts the statements made by the Minister of Housing, in which he said the ministry was working to introduce qualified and specialised staff to the administrative councils. 

Mergers

Finally, the Ministry of Housing has also ordered many cooperatives to merge with others. Under Decree No. 99 of 2011, merging cooperatives is up to the General Commission of a giving cooperative or the minister, per their powers of public interest. The latter occurs in any of the following cases: 

  • A cooperative’s membership count is less than the number of its founders;
  • One year has passed since the decree to license the cooperative was published without securing a headquarters;
  • There are no candidates for membership in the administrative council or the monitoring committee. 

The new housing cooperative acquires legal identity and financial independence. It takes the place of the previous cooperatives concerning its rights and obligations without compromising the rights of existing applicants, beneficiaries and those who have been allocated housing. 

https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png 0 0 Rand Shamaa https://hlp.syria-report.com/wp-content/uploads/2022/07/Logo-300x81.png Rand Shamaa2022-11-01 19:02:472022-11-01 19:05:01Ministry of Housing Keeps up its Campaign Against Housing Cooperatives

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