[]; One of the prerequisites for the elimination of discrimination in access to housing is to do away with the current regulation of rent, which has not occurred until now. 110 00 Praha 1 Studies undertaken by the Tolerance Foundation in the late 1990s indicated that in some children's homes; around 80 percent of inhabitants were Romani. In elaborating its position on forced evictions, the Committee held: "The Committee considers that illegal occupation of a site or dwelling may justify the eviction of the illegal occupants. Pursuant to Section 4 of the Bill, the lessor may, after the circumstances under point (b) have ceased to exist, however, at the earliest after the end of the state of emergency, require the cancellation of the lease if it cannot be reasonably required to tolerate the restriction to a specified extent, in particular if he or she could fall into such an emergency as or the necessary nourishment for the persons for whose nutrition is obliged by law. "(g) Cultural adequacy. The Civil Code covers renting. Claude Cahn increase in the extension of the lease or as a result of the application of the inflation clause on the territory of the Czech Republic. Honourable Prime Minister, the current threats to the persons living at Okruzni 716 are only the latest in a series of problems of which the Czech government has been aware for a considerably period of time. lang: en_EN Indeed, the first person born this year in the Moravian-Silesian Region, the area in which Bohumin is situated, is a Romani girl named Eva Sivakova. At the same time, it is also in accordance with Article 11 (3) of the Charter of Fundamental Rights and Freedoms, whereby the existing legislation on tenancy relationships concluded for the purpose of housing is a manifestation of the rule that ownership is binding, as long as taking into account the very specific value and need for housing for each natural person, which is also closely linked to other Charter of Rights and Fundamental Freedoms protected values (life, health, dignity, etc.). Executive Director Indirect discrimination may occur in the allocation of municipal flats. Mr. Evzen Tosenovsky The majority of the current inhabitants of this hostel - Hotelovy Dum ZDB, at the address Okruzni Street 716 in Bohumin - are or until recently have been Romani. Financial Overview: Property in Czech Republic. A number of those facilities are in poor technical condition, lacking sufficient infrastructure and separated from other populated areas. []" 1, 69 para. Municipalities and cities, being the owners, may determine their own conditions. In our opinion, the question is what practical effect this provision should have, when the provisions of the Civil Code on termination of the flat lease will continue to apply and it should therefore be possible to terminate by the standard flat rental notice. "(f) Location. In order to promote open and spam-free conversations, A flat lease terminates on death of the tenant. Mr. Jiri Paroubek "Although the Czech Republic has been systematically striving to prevent all forms of racial segregation, some municipalities have adopted, within their separate competencies, certain measures whose consequences show some symptoms of segregation. Persons wishing to express similar concerns are urged to contact: Will it really bring disproportionate benefits to lessees? []; []; The Committee had elsewhere noted, "the implementation of the Charter requires the State Parties to take not merely legal action but also practical action to give full effect to the rights recognised in the Charter. "102. 1 letter b), 69 Subs. a) in the period from 12.3.2020 to the day following the end of the emergency measure in the event of an epidemic, but no later than 31.7.2020 (according to the original bill by 30.9.2020), and These are: The process in these cases takes on the average 3.5 years. 100 00 Prague Nove Mesto Czech Republic on Personal Data Protection, which considers personal information about criminal activities as sensitive information. In their attempt to resolve the housing situation of persons who are facing social problems and do not pay the rent and services provided in connection with apartment lease, the municipalities provide to such persons alternative housing, frequently of poorer quality, called "bare flats" or hostels. There was some illogicality in this original bill, but we assume that the intention was that the 1.5.2021 deadline should apply only to the bills to be submitted in the period 1.9.-1.1.2021. In such a case, the lessor should proceed with the notice of termination as if there was no change in the law and terminate the lease in accordance with the relevant provisions of the Civil Code. Vladislavova 4 (I): 071 44 083 | registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Entry No. There was no large-scale 'right to buy' in the Czech Republic; instead, many dwellings were restituted to former owners. The draft law does not impose any additional restrictions on the lessor, so in our opinion it is possible for the lessor to set off the provided security (bail) on the possible rent. The persons under threat -the majority of whom are Romani - have been offered racially segregated alternate housing arrangements or have been provided with no alternate housing at all. The full text of the letter sent today follows: 1000 Brussels, Belgium European Roma Information Office However, given the pace of changes and concepts adopted, it cannot be ruled out that the above deadlines will be extended. 2 "99. "100. (1) The lessor may terminate the lease of land or space solely on the grounds that the lessee does not pay the rent despite the maturity period between 1 April 2020 and 30 June 2020, if the non-fulfillment is based on the effects of the COVID-19 pandemic. (4) Paragraphs 1 to 3 shall apply only until 30 June 2022. The elimination of discrimination in housing also includes the question of rent. According to the German legislation, arrears of payments from 1.4.2020 to 30.6.2020 do not entitle the lessor to terminate the contract for 24 months. The restriction should be without prejudice to the lessor's right to terminate the lease for other reasons such as other breaches of the lease by the lessee or other lessor's rights arising from the lessee's delay. There is little indication that this situation has changed for the better. Honourable Prime Minister Paroubek, the housing situation of Roma is increasingly a matter of pan-European concern. For more informations contact us at: e-mail: mojmir.jezek@ecovislegal.cz Nabrezi Edvarda Benese 4 Life Together If we look at other countries such as Germany, where was accepted German law on mitigating the consequences of a coronavirus pandemic in civil, insolvency and criminal procedural law, we would see that its terms are even stricter for lessors and more advantageous for lessees than the proposed Czech legislation. Ivan Ivanov The municipality has not made adequate provision for alternate accommodation for these persons. 44 on 7 April 2020. Mr. Svatopluk Karasek []; You can learn more about the new bill on certain measures to mitigate the effects of the SARS CoV-2 coronavirus epidemic on business lessees in our article Prohibition of termination of business lease due to COVID-19 in Czech Republic. When the achievement of one of the rights in question is exceptionally complex and particularly expensive to resolve, a State Party must take measures that allows it to achieve the objectives of the Charter within a reasonable time, with measurable progress and to an extent consistent with the maximum use of available resources. 1 and 82 Subs. Scott Leckie The European Roma Rights Centre (ERRC), Centre on Housing Rights and Evictions COHRE), European Roma Information Office (ERIO), Life Together (Vzajemne souziti) and the International Helsinki Federation for Human Rights (IHF) are very concerned at developments in the town of Bohumin, where a large group of persons -- the majority of them Romani -- are threatened with forced eviction from their housing, or have already been pressured into moving into racially segregated or otherwise substandard housing arrangements. Such conditions include the submission of excerpts from the criminal register, which is, moreover, in conflict with Act No. 01/2002 of 28 November 2001, which issues a price list of goods with regulated prices, and further permits non-specific blanket regulation of rent. Identification No. As noted above, the housing problems of the Roma have been escalating. Several families have been coerced to move into so-called "holobyty" -- bare flats -- with no running water, no sanitary facilities and no electricity. In view of similar arrangements in the near abroad, it cannot be ruled out that officials have been inspired abroad rather than inventing perhaps even more complex and unconceivable novelties. Any dispute over the validity of the denunciation shall be decided by the court. E-mail: office@errc.org. General Comment 7 defines, at Paragraph 3, forced evictions as "the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection." The expulsion of these people from the building, should it result in homelessness, would constitute evidence that parents were incapable of caring adequately for their children, and might result in their being taken into state care. Meanwhile the municipalities, which took over much state housing, have been slowly privatizing. Other rights of termination shall remain unaffected. The proposal does not explicitly address the issue of accommodation (including the Flatio type, etc. and the delay in paying the rent can thus be a further relatively heavy burden for the lessee in the future, especially if cheaper financing is available at the bank. Executive Director However, it cannot be excluded that the Czech Government will promote a different interpretation. They are undoubtedly right and, after experience in rent regulation and the unwillingness of the state to compensate these restrictions for a considerable period of time, we cannot be surprised. (3) Paragraphs 1 and 2 shall apply mutatis mutandis to leases. It is noteworthy that, to date, the Czech Republic has failed to remedy even the least controversial of these matters the adoption of a comprehensive anti-discrimination law covering a range of areas including housing, required not only under the Czech Republics international law obligations but also as a result of its membership in the European Union. ECOVIS jeek, advoktn kancel s.r.o. It is clear from the approved bill that this administrative burden for both Labor Offices and the affected lessees will be a considerable complication for the use of the reliefs under this Act. on Municipalities; municipalities which exceed, by their criteria, the limits stipulated by this Act, actually discriminate against certain groups of population." There is no maximum deposit period, and quite long deposits are common. b) mainly as a result of the restriction stemming from the emergency measure in the event of an epidemic which made it impossible or substantially hindered the proper payment of the rent. More information at www.ecovislegal.cz. Therefore, if the lessor has a problematic lessee who does not pay the rent due after 12/03/2020, he should hurry to give notice. JUDr. 28.rijna 117 This condition affects all applicants for lease of apartments owned by such municipalities, but much more frequently the Roma, many of whom are registered for residence in municipalities in the Czech Republic other than those in which they actually live (and potentially apply for lease of an apartment). Positive for lessors is that the restrictions are considerably shorter than in Germany. In our opinion, the prohibition of termination will not apply to any delays in the payment of previous rents, and the lessor will therefore be entitled to terminate by notice. It will be up to the lessee to give the lessor, without undue delay and with corresponding certainty, documents of the circumstances of the delay under the above letters b) by a confirmation from the relevant Labor Office of the Czech Republic, to which the lessee must submit the documents, the form and requisites of which are methodically specified in the instruction. For example, in 2002, the Czech government told the UN Committee on the Elimination of Racial Discrimination, the body charged with oversight of the ICERD: Mojmr Jeek, Ph.D. The current amount of statutory default interest is 10 % p.a.

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