Kostanay court orders state body to pay housing allowance to female service member

A specialized inter-district administrative court in Kostanay Region has upheld a lawsuit filed by a former service member, ruling that the refusal to grant her a one-time housing allowance was unlawful, infohub.kz reports.

According to the official Telegram channel of the Kostanay Region courts, the court heard an administrative case challenging the refusal to grant a one-time housing allowance. The plaintiff had served in the military and had been registered as needing housing since 2013.

She was later transferred to a special state body for further service due to a reorganization, and in 2022 was discharged upon reaching the maximum age for service.

When she applied for the one-time housing allowance for the period during which she had been registered as needing housing, her request was denied. The refusal was based on the fact of her transfer to a special state body. Disagreeing with the decision, the plaintiff went to court.

After examining the case materials, the court concluded that a transfer due to reorganization and the subsequent loss of service member status are not, in themselves, unconditional grounds for denying housing rights that arose during military service.

The court noted that when deciding on the housing allowance, it is necessary to take into account the circumstances under which the right arose, the period of registration as needing housing, and the absence of housing provision before the date established by law.

A refusal based solely on the fact of transfer to a special state body was found to be insufficiently justified and to violate the plaintiff's right to housing provision.

Following its review, the court upheld the administrative claim in full. The refusal to grant the one-time housing allowance was declared unlawful and overturned. The defendant was ordered to adopt a favorable administrative act granting and paying the one-time housing allowance for the relevant period, taking into account previous payments and legal requirements.

The court decision has not yet entered into legal force.