Are displaced individuals required to pay for housing and utility services for a dwelling they’ve left behind? We provide an explainer to help you better understand your rights within the realm of social protection.
In this series, we clarify:
- The conditions for paying for housing and utility services in various territories of Ukraine.
- How to confirm that a person is not residing in their home.
- Whether debt for housing and utility services can be forcibly collected during martial law.
- Whether displaced persons can receive housing subsidies.
We are informing affected people as part of the “Supporting the Capacity of the Social Protection System to Register Internally Displaced Persons” project, funded by the United Nations Refugee Agency in Ukraine.
Question
Are displaced individuals required to pay for housing and utility services for a residence that they abandoned?
Answer
It’s mandatory to pay for received housing and utility services.
However, under certain conditions and life circumstances, some categories of recipients are granted the possibility to avoid these payments. This primarily depends on the location of the dwelling*.
*Here and further, the term applies to any other real estate item.
Explanation
Currently, we can distinguish the following categories of territories in Ukraine:
- Territories under the control of the Ukrainian government, where active hostilities are (were) taking place**.
- Territories temporarily out of the control of the Ukrainian government**.
- Other territories of Ukraine.
! Each category has separate conditions for the payment of housing and utility services.
**The list of such territories is approved by the order of the Ministry of Reintegration No. 309, dated December 22, 2022 (as amended).
- If the residence is located in a territory where active hostilities are (were) taking place
If you have left your home and are currently unable to pay for housing and utility services, you will not be required to pay off the housing and utility services debt incurred after February 24, 2022, during the period from the start to the end of active hostilities or temporary occupation of territories.
Important! You have to confirm that you are not living on this property.
How long will this benefit last?
The collection of housing and utility services debts is prohibited until the cancellation or end of martial law.
Resolution of the Cabinet of Ministers No. 206, dated March 5, 2022.
How to confirm that a person is not living in their home?
You need to provide the person responsible for utility services, the manager of an apartment building, or another person authorized by co-owners:
- A certificate of IDP registration;
- Or other documents that confirm your absence (from a temporary place of residence abroad, work, medical treatment, study, military service, etc.).
- If the residence is located in a territory temporarily out of control of the Ukrainian government
You do not need to pay for utility services.
! The law prohibits the transfer of funds between uncontrolled territories and the territory controlled by the Ukrainian government.
Law of Ukraine “On Ensuring the Rights and Freedoms of Citizens and the Legal Regime on the Temporarily Occupied Territory of Ukraine”, Art. 13, Part 6.
- If the dwelling is located in other territories of Ukraine
You may not pay utility bills (except for heat supply) in accordance with the terms of contracts for the provision of such services.
Important! For this, you need to document that:
- no one has been living in your dwelling for more than 30 calendar days;
- no utilities are being used in your dwelling (except for heat supply).
This procedure applies if there are no metering devices on the premises.
Can compulsory debt collection be carried out during martial law?
During the period of martial law, the compulsory implementation of executive actions in enforcement proceedings is suspended for the execution of decisions:
- on debt collection from a person for utilities provided in zones of active hostilities or territories temporarily out of control of the Ukrainian government;
- on debt collection for utilities for real estate that is the person’s permanent place of residence and has been destroyed or damaged as a result of military (combat) actions.
Law of Ukraine “On Enforcement Proceedings”.
Can internally displaced persons receive a housing subsidy?
Yes.
A housing subsidy is a non-repayable targeted state social assistance to people who cannot afford to pay for utilities or cover the expenses of managing multi-apartment buildings.
This article was prepared by the Charity Foundation “Stabilization Support Services” with the funding of the United Nations High Commissioner for Refugees (UNHCR). The content of this publication is the sole responsibility of the CO “CF “SSS” and does not necessarily reflect the point of view of the Agency.
Information is accurate as of June 5, 2023.