A court in Kostanay has upheld a serviceman's right to housing support after he was removed from the waiting list for refusing a one-room apartment for his family of six, reports infohub.kz.
According to the official Telegram channel of the Kostanay regional courts, the specialized inter-district administrative court considered the case of a citizen seeking to overturn a decision to remove him from the list of those in need of housing and to stop his current housing payments.
The plaintiff argued that the housing commission's meeting agenda, as recorded in the minutes, included the allocation of a service apartment (one-room). The commission decided to remove him from the waiting list and terminate his housing payments because he refused the offered apartment, citing that its size did not match his family composition of six people.
The court rejected the defendant's argument based on a literal reading of Article 101-1, Part 4, Item 1 of the Law on Service Housing, which refers to providing housing that meets the area standard, because Article 75 of the Law of the Republic of Kazakhstan "On Housing Relations" requires that housing from the state housing fund be provided in compliance with the area norms.
Moreover, the contested minutes indicated that the housing was allocated based on an area corresponding to a family of one person. Providing a one-room apartment to a plaintiff with a family of six clearly does not meet the purpose of housing support, violates the requirement of proportionality, and fails to ensure the serviceman and his family's right to adequate housing conditions.
Furthermore, no evidence was presented that the serviceman was offered service housing in accordance with the waiting list order. Apartments were not offered to those who were ahead of him on the list.
Considering all the evidence, the court granted the serviceman's claim and restored his right to housing support. The decision has entered into legal force.