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LEGAL ACTS OF THE REPUBLIC OF LATVIA
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Text consolidated by Valsts valodas centrs (State Language Centre) with amending laws of:

11 September 2003 [shall come into force on 10 October 2003];
22 December 2004 [shall come into force on 25 January 2005];
10 May 2007 [shall come into force on 1 July 2007];
15 November 2007 [shall come into force on 23 November 2007];
30 April 2009 [shall come into force on 3 June 2009];
3 December 2009 [shall come into force on 29 December 2009];
16 September 2010 [shall come into force on 19 October 2010];
6 November 2013 [shall come into force on 1 January 2014];
19 June 2014 [shall come into force on 22 July 2014];
30 November 2015 [shall come into force on 1 January 2016];
17 March 2016 [shall come into force on 18 April 2016];
30 March 2017 [shall come into force on 26 April 2017];
22 November 2017 [shall come into force on 1 January 2018];
24 November 2020 [shall come into force on 1 January 2021];
18 March 2021 [shall come into force on 20 March 2021].

If a whole or part of a section has been amended, the date of the amending law appears in square brackets at the end of the section. If a whole section, paragraph or clause has been deleted, the date of the deletion appears in square brackets beside the deleted section, paragraph or clause.

The Saeima1 has adopted and
the President has proclaimed the following law:

Law on Assistance in Solving Apartment Matters

[22 December 2004]

Chapter I
General Provisions

Section 1. Purpose of the Law

This Law prescribes which persons are entitled to receive assistance in solving residential space (hereinafter also - the apartment) matters, the cases when the State or a local government is entitled to rent out a residential space to a qualified specialist (hereinafter also - the specialist), and also the procedures by which assistance in solving the apartment matters (hereinafter also - assistance) shall be provided.

[17 March 2016]

Section 2. Persons who have the Right to Receive Assistance from Local Government

The persons specified in this Law who, in accordance with the provisions of this Law and by a decision of a local government council or an authority delegated thereby, have been recognised as entitled to receive assistance may receive assistance from the local government.

[22 December 2004]

Section 3. Types of Assistance

There are the following types of assistance:

1) rent of local government-owned or leased thereof residential spaces (Sections 11 -21);

2) renting out a social apartment (Section 22);

3) provision with temporary residential space (Section 23);

4) assistance in exchanging of the rented residential space owned or leased by a local government for another rentable residential space owned or leased by a local government (Section 24);

5) financial support for covering expenditures related to the use of the accommodation (hereinafter - the accommodation allowance) (Section 25);

51) granting of the accommodation allowance to an orphan or a child left without parental care (hereinafter - the accommodation allowance for a child left without parental care) (Section 25.2);

6) allocation of a one-time allowance for renovation of a residential space or residential house (Section 26);

7) allocation of a one-time allowance for vacation of a residential space (Section 26.1);

8) renovation of a residential space (Section 27);

9) assistance in purchase or construction of a residential space (Section 27.1);

10) assistance in the renovation and restoration of residential housing (Section 27.2);

11) assistance in providing a specialist with a residential space (Sections 21.1-21.4).

[22 December 2004; 10 May 2007; 19 June 2014; 17 March 2016; 30 March 2017; 24 November 2020 / The new wording of Clause 5, and also amendment regarding the replacement of the words "apartment allowance" with the words "accommodation allowance" shall come into force on 1 July 2021. See Paragraph 16 of Transitional Provisions]

Section 4. Local Government that Provides Assistance

(1) Assistance to a person shall be provided by the local government in the administrative territory of which the relevant person has declared his or her place of residence, except for the case referred to in Section 14, Paragraph one, Clauses 3, 4, and 5 of this Law. The local government shall provide assistance also to persons who have declared their place of residence in a residential house or a residential space owned by the local government but located outside the administrative territory of the local government.

(11) An orphan or a child left without parental care (hereinafter - the child left without parental care) shall be provided with a residential space by the local government the Orphan's and Custody Court of which has taken the decision on out-of-family care of the respective child.

(12) A repatriate shall be provided with a residential space, according to the choice of the repatriate, by the local government in the administrative territory of which the repatriate, his or her parents or grandparents had permanently lived before emigration from Latvia or by the local government in the assistance registers of which persons to be provided with a residential space first have not been registered on the day when the relevant person has submitted an application for the receipt of assistance.

(13) The accommodation allowance to the child left without parental care shall be paid by the local government the Orphan's and Custody Court of which has taken the decision on out-of-family care of the child, irrespective of the administrative territory in which the child has chosen his or her accommodation.

(2) A local government has the right to provide assistance also to the persons referred to in Sections 13 and 14 of this Law who have not declared their place of residence in the administrative territory thereof, provided that this local government has offered to provide the respective assistance to all persons who have declared their place of residence in the administrative territory thereof and have been registered to receive local government assistance, or who have declared their place of residence in the territory thereof and to whom local government assistance shall be provided immediately.

(3) Local governments may cooperate in renting residential space to persons who require assistance by entering into a relevant agreement.

[22 December 2004; 19 June 2014; 30 March 2017; 24 November 2020 / Amendment regarding the replacement of the words "apartment allowance" with the words "accommodation allowance" shall come into force on 1 July 2021. See Paragraph 16 of Transitional Provisions]

Section 5. Authority which Takes the Decision on the Provision of Assistance

The council of the relevant local government or an authority delegated thereby shall take the decision on the provision of assistance in solving apartment matters in conformity with the provisions of this Law and the binding regulations of the local government council.

[22 December 2004]

Chapter II
Registration Procedures to Receive Assistance

[22 December 2004]

Section 6. Procedures by which a Person shall be Recognised as Entitled to Receive Assistance from a Local Government

(1) A person who wishes to receive assistance (except the assistance referred to in Section 13, Section 27.1, Paragraph one, and Section 27.2, Paragraph one) shall submit to the relevant local government a written application in which the potential types of assistance preferred by the person shall be indicated and the documents certifying that such person is entitled to receive assistance.

(2) A local government shall determine the documents which are necessary in order to certify the right of a person to receive assistance in solving apartment matters in the binding regulations. The State and local government authorities shall issue the abovementioned documents free of charge.

(3) An application of a person for the receipt of assistance shall be examined and the decision on the recognition of the person as entitled to receive assistance and the registration for the receipt of the type of assistance indicated in the application of the person or on refusal to recognise the person as entitled to receive assistance shall be taken by a local government council or an authority delegated thereby. The local government shall send a written notice regarding the taking of the decision to the applicant at the address indicated by them.

[10 May 2007]

Section 7. Procedures for the Registration of a Person Entitled to Receive Assistance from a Local Government

(1) A person shall be registered in a register of assistance to be provided in solving apartment matters (hereinafter - the assistance register), if he or she, in accordance with the procedures laid down in Section 6 of this Law, has been recognised as entitled to receive assistance.

(2) [10 May 2007]

(3) A person may be registered in two or more assistance registers at the same time.

(4) Persons, in conformity with the provisions of Section 8, Paragraph three of this Law, shall be registered in the assistance register in the order in which they had submitted an application for the receipt of the relevant type of assistance to the local government and all documents certifying that the person is entitled to receive the relevant assistance.

(5) A local government council or an authority delegated thereby may, in accordance with the procedures specified in the binding regulations, take a decision to refuse to recognise a person as entitled to receive the assistance referred to in Section 3, Clause 1 of this Law:

1) for five years after the person has given consent to privatise the State or local government apartment he or she rents to another person and has entered into an agreement with that person regarding termination of the right to use the residential space;

2) for five years after an apartment belonging to the person has been sold or otherwise alienated with the consent of the person, and he or she has forfeited the right to use the relevant apartment as a result of the transaction;

3) if the person has in ownership residential housing or residential space fit for living in conformity to the provisions of Section 16, Paragraph three of this Law.

(6) A local government council may also provide for in its binding regulations for other cases when the local government has the right to refuse the assistance referred to in Section 3, Clause 1 of this Law, if the person has deliberately aggravated the conditions of his or her apartment prior to requesting assistance.

[22 December 2004; 10 May 2007; 19 June 2014]

Section 8. Assistance Register

(1) The assistance register shall be established in each local government where there are persons who wish and are entitled to receive assistance.

(2) The assistance register shall be established separately for each type of assistance specified in Section 3 of this Law provided by a local government. The local government may establish several assistance registers for the type of assistance specified in Section 3, Clause 1 of this Law.

(3) Persons may be registered in two groups in the assistance register:

1) persons to be provided with the relevant assistance first;

2) other persons specified by a local government in accordance with this Law.

[22 December 2004; 10 May 2007; 19 June 2014]

Section 9. Information to be Included in the Assistance Register

(1) The following information shall be included in the assistance register on each person registered to receive assistance:

1) given name and surname of the registered person;

2) date when an application for the receipt of assistance has been registered;

3) sequence number of the person in the assistance register;

4) other information which shall be determined by a local government and which is acquired on the basis of the documents referred to in Section 6, Paragraph one of this Law.

(2) A local government has the right to examine the truthfulness of the information included in the assistance register.

(3) If the conditions which were the basis for the recognition of a person as entitled to receive assistance and the registration thereof for the receipt of the relevant assistance have ceased to exist, the person has an obligation to notify the relevant local government thereof immediately.

(4) Anyone has the right to acquaint himself or herself with the information included in the assistance register which is specified in Paragraph one, Clauses 2 and 3 of this Section.

[22 December 2004; 19 June 2014]

Section 10. Deleting a Person from the Assistance Register

(1) A person shall be deleted from the assistance register if:

1) he or she has provided false information on the conditions which were the basis for the registration thereof to receive the relevant assistance;

2) the conditions which were the basis for the registration to receive the relevant assistance have ceased to exist;

3) he or she refuses, without reason, at least three offers of tenancy of a residential space fit for living or has not responded to the offers;

4) he or she refuses assistance, submitting a relevant application thereon.

(2) A local government council or an authority delegated thereby shall take the decision on the deletion of a person from the assistance register.

(3) A written notification shall be sent not later than two weeks before deletion of a person from the assistance register to the address indicated by this person.

[22 December 2004; 10 May 2007; 19 June 2014]

Chapter III
Renting of a Residential Space

Section 11. Procedures for Renting Out a Residential Space

(1) A local government is entitled to rent out a residential space owned or leased thereby only to the persons specified in this Law and in conformity with the provisions of this Law, the law On Social Apartments and Social Residential Houses, and the law On Residential Tenancy.

(2) An unrented apartment, taken from the State in accordance with the procedures laid down in the law On Privatisation of State and Local Government Residential Houses, shall be offered for rent first to persons who vacate residential space in a house denationalised or returned to a lawful owner and who had been using the residential space until the restoration of the property rights.

(3) A local government council is entitled to determine, by a separate decision, the status of a residential space to be rented out to a specialist for an unrented residential space owned or leased by the local government. A residential space for which the status of a residential space to be rented out to a specialist has been determined is rented out in conformity with the provisions of Chapter III1 of this Law.

[22 December 2004; 10 May 2007; 19 June 2014; 17 March 2016]

Section 12. Inventory of a Residential Space Owned or Leased by Local Government

(1) A local government shall perform unified inventory of the residential space that is owned by or leased by it.

(2) If a residential space owned or leased by a local government is vacated, its manager shall, within seven days, notify thereof the authority delegated by the local government council which shall immediately register the residential space as unrented and shall include it in the list of unrented residential space.

(3) Any person who is registered to receive the relevant assistance or to whom immediate assistance must be provided shall have free access to the list of unrented residential spaces which are offered for rent to the category of respective persons according to the type of assistance in accordance with criteria of the binding regulations of the local government council. The list of the abovementioned unrented residential space shall include the following information:

1) name of the territorial division of the local government in which the residential space is located;

2) size of the residential space and the number of rooms, the floor on which this residential space is located;

3) the level of amenities in the residential space;

4) rental payment for the residential space;

[11 September 2003; 22 December 2004; 10 May 2007; 19 June 2014]

Section 13. Persons to whom Immediate Assistance shall be Provided

(1) A local government council or an authority delegated thereby shall provide the assistance specified in Section 3, Clause 1, 3, or 6 of this Law:

1) to a person the residential space or residential house rented or owned by whom has suffered as a result of an act of terror, natural disaster, accident, or another catastrophe - if the person has declared his or her place of residence in this residential space or residential house and if the person does not own another residential space or residential house fit for living in the administrative territory of the relevant local government;

2) to a person who rents a residential space in a denationalised house or in a house returned to a lawful owner and who has used it until restoration of the ownership rights, but the technical condition of the residential house threatens the life of persons residing in it - if the person has declared his or her place of residence in this residential space and has been registered for receiving the assistance referred to in Section 3, Clause 1 or 2 of this Law.

(2) Upon providing assistance in the cases referred to in Paragraph one, Clause 1 of this Section, the provisions of Section 7 of this Law shall not be applied. In the case referred to in Paragraph one, Clause 1 of this Section the person shall submit an application for the receipt of assistance to the local government not later than one month after an act of terror, natural disaster, accident, or another catastrophe.

(3) After receiving the application of the person referred to in Paragraph one, Clause 1 of this Section, the local government council or an authority delegated thereby shall, within a reasonable period of time but not later than within five working days, take the decision on providing the person with a temporary residential space in accordance with the procedures laid down in Section 23 of this Law.

(4) Within the period of time specified in the Administrative Procedure Law, the local government council or an authority delegated thereby shall:

1) in the case referred to in Paragraph one, Clause 1 of this Section assess the technical condition of the respective residential space or residential house to establish whether it is possible to restore the residential space or residential house, and take one of the following decisions:

a) the decision on renting out a residential space owned or leased by the local government (Section 3, Clause 1), if the residential space or residential house has been fully or partially destroyed and cannot be restored;

b) the decision on granting of a one-time allowance for the repair of a residential space or residential house (Section 3, Clause 6), if the residential space or residential house has partially collapsed but can be restored;

c) the decision on renting out another residential space in accordance with the procedures laid down in this Section, if a residential space owned or leased by a local government has partially collapsed but can be restored;

2) in the case referred to in Paragraph one, Clause 2 of this Section assess the technical condition of the respective residential house to establish threat to human life, and take the decision on providing the person with a temporary residential space (Section 23) or on refusal to provide this assistance. If a person is registered for the receipt of the allowance for vacating a residential space, he or she shall not lose the right to receive this allowance until the moment when he or she receives the assistance provided for in Section 3, Clause 1 or 2 of this Law.

[19 June 2014]

Section 14. Persons to be Provided with a Residential Space First

(1) The following persons shall be provided with residential space first:

1) persons to whom assistance shall be provided in accordance with the law On Residential Tenancy in cases if they are evicted from a rented residential space and if they are:

a) low-income persons who have reached the retirement age or who are persons with disabilities;

b) low-income persons who live with and in whose care is at least one minor child, a person under guardianship, a low-income person who has reached the retirement age, or a low-income person who is a person with a disability;

c) other persons living in the territory of a local government who belong to the category of persons specified by the local government council to whom the local government provides assistance if they are evicted from the rented residential space;

11) politically repressed persons who are evicted from a residential space in the case provided for in Section 28.2, Paragraph one, Section 28.3, Paragraph one, or Section 28.4, Paragraph two of the law On Residential Tenancy, if they do not use other residential space fit for living;

2) persons who are evicted from an apartment they own if recovery proceedings are applied against the property as a result of payments for services related to expenses for the residential space use, building maintenance, exploitation and renovation, and if they are:

a) low-income persons who have reached the retirement age or who are persons with disabilities;

b) low-income persons who live with and in whose care is at least one minor child, a person under guardianship, a low-income person who has reached the retirement age, or a low-income person who is a person with a disability;

c) politically repressed persons, if they do not use other residential space fit for living;

3) children left without parental care - after the child has reached the age of majority and his or her out-of-family care has ended;

4) repatriates who have emigrated from Latvia in the period up to 4 May 1990 and for whom it is not possible to settle in accordance with the procedures laid down in the law into the residential space they occupied before emigration from Latvia or repatriates who were born abroad or emigrated from Latvia after 4 May 1990 and at the moment of emigration were minors;

41) low-income politically repressed persons.

5) low-income persons who have been released from prison after serving their sentence, if they were living in the administrative territory of the relevant local government before sentencing and it is not possible to settle in accordance with the procedures laid down in the Law into the residential space they occupied previously. This provision does not apply to those persons who have given consent to privatise a State or local government apartment they rent to another person and have concluded an agreement with that person regarding termination of the right to use the residential space, or upon whose consent the apartment has been sold or otherwise alienated and as a result of the transaction the persons have forfeited the right to use the relevant apartment;

6) other categories of low-income persons determined by the relevant local government council.

(2) The relevant childcare institution, Orphan's and Custody Court, if the child is in a foster-family, or guardian shall notify the local government social service that a child left without parental care after reaching the age of majority will need assistance in solving apartment matters. This notice shall be sent not later than six months after the end of out-of-family care of the child.

(21) The administration of a prison shall notify the relevant local governments the obligation of which is to provide assistance of this type, that persons serving a sentence in prison will need to be provided with a residential space. The notice shall be sent not later than six months before the relevant person is released from a prison.

(3) Repatriates, and also low-income persons who have been released from a prison shall be provided with a residential space only if they have been registered for the receipt of such assistance not later than six months after acquiring the right to provision with a residential space.

(4) A child left without parental care shall acquire the right to provision with a local government residential space upon reaching the age of majority and shall retain the right until reaching the age of 24 years. A local government shall provide children left without parental care with a residential space on the basis the application of the child.

(5) [30 March 2017]

(6) A person shall be recognised as a low-income person if his or her income and financial situation do not exceed the threshold of a low-income household specified in the binding regulations of the relevant local government council, in conformity with the Law on Social Services and Social Assistance.

(7) A local government council has the right to first provide with the apartment also persons who:

1) live in a denationalised house or a house returned to the lawful owner and who have been using the apartment until restoration of the ownership rights;

2) persons who live in an apartment the change of owner of which has occurred before the moment of coming into force of the law On Privatisation of State and Local Government Residential Houses as a result of conversion of State property or as a result of privatisation of inter-farm undertakings and which has not been privatised in accordance with the procedures laid down in the law On the Privatisation of Co-operative Apartments and the law on the Privatisation of Agricultural Undertakings and Fishery Kolkhozes, and who used the apartment at the moment of the change of the owner of the residential house;

3) persons who lived in an apartment owned by an undertaking of an association of cooperative societies at the moment of coming into force of the law On Privatisation of State and Local Government Residential Houses, if the apartment has not been privatised in accordance with the procedures laid down in laws and regulations.

(8) The relevant local government council shall determine in its binding regulations the conditions for providing the persons referred to in Paragraph seven of this Section with a residential space, and also the procedures by which they are recognised as entitled to receive such assistance.

[11 September 2003; 22 December 2004; 10 May 2007; 19 June 2014; 17 March 2016; 30 March 2017; 24 November 2020]

Section 15. Persons to be Provided with a Residential Space According to the General Procedures

A local government council may specify in its binding regulations also other categories of persons who are not referred to in Sections 13 and 14 of this Law and to whom assistance shall be provided by renting out a residential space.

Section 16. Provisions to which a Residential Space to be Rented out Must Conform

(1) A residential space which is rented out in accordance with the procedures laid down in this Law shall be fit for living.

(2) A separate, isolated residential space in a common apartment or in a single-apartment house may be rented to a person upon his or her written consent.

(3) A residential space fit for living shall be a lighted, heated room suitable for long-term human accommodation and for placing household items and shall comply with the construction and hygiene requirements laid down in the Cabinet regulations.

Section 17. Order of Offering a Residential Space

(1) Each unrented residential space owned by a local government or leased by it shall be offered for rent to the persons referred to in Section 13 of this Law first if there are such persons in the relevant administrative territory. If there are no such persons or they all have refused in writing to rent the relevant residential space, it shall be offered for rent to the persons referred to in Section 14 of this Law who have been registered in accordance with the procedures laid down in this Law. If such persons have not been registered as well or they all have refused in writing to rent the relevant residential space, it shall be offered for rent to the persons referred to in Section 15 of this Law who have been registered to receive the relevant type of assistance. Within the scope of the registration groups a residential space shall be offered for rent in the order specified in the binding regulations of the local government council, but in the case such order has not been specified - in the order of registration.

(2) Upon offering a residential space for rent to a person who is registered in the assistance register or to whom immediate local government assistance shall be provided, a list of such unrented residential spaces is offered for selection which are offered for rent to the category of respective persons according to the type of assistance in accordance with criteria of the binding regulations of the local government council.

[22 December 2004; 10 May 2007; 19 June 2014; 30 March 2017]

Section 18. Procedures for Offering of a Residential space

(1) A residential space shall be offered for rent notifying thereof the relevant person in writing. The address, floor-space, the number of rooms, the floor on which this residential space is located, the level of amenities, the rental payment amount, duration of the rental agreement, and also the day when the person may see the offered residential space shall be indicated in the notification. A deed, approved by the responsible authority or official of the local government, certifying that the relevant residential space is fit for living, shall be appended to the notification.

(2) A person shall respond to the residential tenancy offer not later than a week after the day indicated in the notification on which the person had the opportunity see the offered residential space.

(3) If a person has had an opportunity to see at least three different residential tenancy offers fit for living and to choose, but he or she has refused these offers without reason or has not responded to the local government regarding the received offers, this person shall be deleted from the assistance register. This provision shall not apply to the cases provided for in Paragraph four of this Section.

(4) For a person who has refused an offer to rent a residential space fit for living due to justified reasons, the sequence number shall be maintained in the assistance register of the relevant type.

(5) Upon taking decisions in the cases referred to in Paragraph three or four of this Section, a local government shall assess the validity of the person's refusal from the offered assistance.

[22 December 2004; 19 June 2014]

Section 19. Duration of Rental Agreement

A local government council or an authority delegated thereby shall determine the duration of a rental agreement when renting out a residential space.

Section 19.1 Lease of a Residential Space

(1) A local government, upon applying the provisions of the Civil Law, has the right to reach an agreement with owners or possessors (also with the State share capital companies) of residential houses regarding leasing unrented residential house or a separate unrented residential space they own or possess to the local government.

(2) The Cabinet shall determine the procedures by which a local government shall exercise the right specified in Paragraph one of this Section, also the procedures by which local governments select the most appropriate offers by owners or possessors (also the state share capital companies) of residential houses.

(3) A local government has the right to reach an agreement with the owners of denationalised houses or a house returned to a lawful owner for the leasing to the local government of such residential space which up to the entering into of the lease contract was used by a tenant who is registered for the receipt of the assistance referred to in Section 3, Clauses 1 and 2 of this Law (the tenant was using the abovementioned space also at the moment when ownership rights were restored on the house). The lease contract shall be entered into in accordance with the procedures provided for in the Civil Law and the binding regulations of the local government council for the purpose of further renting the residential space to the tenant with whom the previously entered into rental contract has been terminated for the use of the abovementioned space.

(4) The agreement provided for in Paragraph three of this Section may be entered into if at the same time with the entering into of the lease contract on the basis of the initiative of the owner the previously entered into residential space rental contract has been terminated in accordance with the procedures laid down in the law On Residential Tenancy.

(5) The agreement provided for in Paragraphs three and four of this Section shall not restrict the right of tenants of denationalised houses or a house returned to a lawful owner to apply for other types of specified tenant category assistance referred to in this Law.

[22 December 2004; 10 May 2007]

Section 20. Restrictions on Privatisation and Alienation of a Residential Space

A residential space rented out in the cases provided for and in accordance with the procedures laid down in this Law shall not be offered for privatisation, it shall not be acquired as property until privatisation of the residential house and it shall not be sold or otherwise alienated from the residential space tenants or other persons.

Section 21. Consequences for Violation of Residential Tenancy Provisions

If a residential space owned by or leased by a local government is rented in violation of provisions of this Law, a tenant shall forfeit the right to the residential space from the day the relevant court judgement enters into effect.

[22 December 2004; 10 May 2007]

Chapter III1
Renting out a Residential Space to Qualified Specialists

[17 March 2016]

Section 21.1 Conditions for Renting out the Apartment to a Specialist

(1) A local government is entitled to rent out a residential space owned or leased by the local government for which the local government council has determined the status of a residential space to be rented out to a specialist:

1) to a qualified specialist employed in a sector (lines of action, areas etc.), to be developed which has been included in the local government development programme;

2) to a specialist who performs an administrative task related to ensuring State or local government functions in a field in which insufficient provision with qualified specialists has been established.

(2) Upon assessing the sectors (lines of action, areas, etc.) included in the local government development programme and the administrative tasks related to ensuring State or local government functions, a local government shall determine in the binding regulations in which sectors of activity or for the performance of which administrative tasks specialists are necessary.

(3) A local government is not entitled to rent out a residential space to a specialist, if a residential space owned the specialist is located in the administrative territory of the respective local government.

(4) A specialist is not entitled to sub-let, to acquire as property a local government residential space rented out to the specialist, and the local government is not entitled to offer it for privatisation or to alienate it.

Section 21.2 Procedures by which a Local Government Rents out a Residential Space to a Specialist

(1) A decision on renting out residential space to a specialist shall be taken by the relevant local government council or an authority delegated thereby in conformity with the provisions of Section 11, Paragraph three and Chapter III.1 of this Law.

(2) A local government shall determine in its binding regulations the procedures by which the local government rents out a residential space to a specialist.

(3) If the local government is not the employer of the specialist, it shall enter into a cooperation agreement with the employer of the specialist in which the following shall be indicated:

1) the parties;

2) the objective of cooperation of the parties and a sector corresponding to the local government development programme in which the parties cooperate;

3) the responsibility of the parties, and also potential responsibility in case of termination of the agreement;

4) the procedures for mutual provision and exchange of information in relation to employment of the specialist;

5) the procedures for the entering into effect of the agreement;

6) the duration of the agreement;

7) other important provisions of the agreement.

(4) The cooperation agreement shall expire:

1) upon expiry of the time period for which it has been entered into;

2) if the duration of the agreement exceeds three years, each party can terminate it with a one-year period of notice, unless a different period of notice is provided in the agreement;

3) if the employer ceases to exist in a process of liquidation, reorganisation, or insolvency.

(5) If the local government is not the employer of the specialist, the residential tenancy agreement shall be entered into between the local government and the specialist with the consent of the employer of the specialist and in conformity with the conditions of this Chapter.

Section 21.3 Duration of a Residential Tenancy Agreement

(1) A local government shall enter into a residential tenancy agreement with a specialist for the period of employment relationships, but not longer than three years.

(2) Upon expiry of the term of a residential tenancy agreement, a local government has the right to decide on extending the tenancy agreement if the specialist is still employed in the field specified in Section 21.1, Paragraph two of this Law and there is an effective cooperation agreement with the employer of the specialist.

Section 21.4 Termination of a Residential Tenancy Agreement of a Specialist

(1) A residential tenancy agreement with a specialist shall expire upon expiry of the term of the agreement specified in the agreement and in accordance with the provisions of the law On Residential Tenancy.

(2) If after expiry of the term of the residential tenancy agreement the specialist refuses to vacate the residential space of the local government, the specialist shall be evicted by judicial process without allocating another residential space.

Chapter IV
Other Types of Assistance

Section 22. Renting Out Social Apartments

A local government shall rent out social apartments in accordance with the procedures laid down in the law on Social Apartments and Social Residential Houses.

Section 23. Provision with a Temporary Residential Space

(1) A person shall be provided with a temporary residential space:

1) in the case provided for in Section 13, Paragraph four, Clause 1, Sub-clause "a" and Clause 2 of this Law - until the local government council or an authority delegated thereby takes the decision on renting out a residential space owned or leased by the local government;

2) in the case provided for in Section 13, Paragraph four, Clause 1, Sub-clause "b" of this Law - until restoration of the residential space or residential house, but not longer than a year.

(2) The persons referred to in Section 14 of this Law who have been registered to receive the assistance referred to in Section 3, Clause 1 of this Law shall also be provided with a temporary residential space for a period of time until the rental of a local government residential space.

(3) The temporary residential space may not conform to the provisions of Section 16 of this Law.

[10 May 2007; 3 December 2009; 19 June 2014]

Section 24. Assistance in Exchanging of a Rented Residential Space Owned or Leased by a Local Government for Another Rentable Residential Space Owned or Leased by a Local Government

(1) A local government may provide assistance in exchanging of residential space owned or leased by a local government for another rentable residential space owned or leased by the local government in accordance with the procedures provided in the binding regulations of the local government council.

(2) A local government shall provide assistance in exchanging of a rented residential space owned or leased by the local government for another rentable residential space owned or leased by the local government in the order in which applications to receive the relevant type of assistance have been registered.

[19 June 2014]

Section 25. Accommodation Allowance

A local government shall grant the accommodation allowance as a basic social assistance allowance in accordance with the procedures laid down in the Law on Social Services and Social Assistance.

[24 November 2020 / The new wording of this Section shall come into force on 1 July 2021. See Paragraph 16 of Transitional Provisions]

Section 25.1 Participation of the State in Financial Provision of the Apartment Allowance

[30 March 2017]

Section 25.2 Accommodation Allowance for a Child Left without Parental Care

(1) In accordance with the procedures provided in the binding regulations of the local government council, the local government shall pay the accommodation allowance to a child left without parental care from the day when the child reaches the age of majority, until reaching the age of 24 years. A local government shall pay the accommodation allowance for the child left without parental care on the basis of the application of the child.

(2) The accommodation allowance for a child left without parental care shall be granted for covering the following expenditures related to the use of the residential space:

1) expenditures for the use of the residential space (rent, expenses necessary for mandatory administrative activities);

2) expenditures for services related to the use of the residential space (heat energy for ensuring heating and hot water, electricity, water consumed, natural gas, provision of sewage or emptying of septic tanks, management of household waste), if they are not included in the rent, or expenditures necessary for mandatory administrative activities;

3) expenditures for telecommunications and Internet services, expenditures for installation and verification of water meters.

(3) The child left without parental care is not entitled to simultaneously receive the accommodation allowance to a child left without parental care and also the assistance provided for in Section 3, Clauses 1, 2, and 5 of this Law.

(4) [30 March 2017]

(5) The binding regulations of the local government council shall provide for the procedures by which the accommodation allowance for a child left without parental care shall be disbursed. The local government shall determine the amount of this allowance in conformity with the provisions for the calculation of the accommodation allowance laid down in the Law on Social Services and Social Assistance. Upon granting the accommodation allowance for a child left without parental care, the local government shall not assess the income and financial situation of the child.

(6) The child left without parental care has the right to receive the accommodation allowance for a child left without parental care for an accommodation in any administrative territory of the Republic of Latvia, informing the local government the Orphan's and Custody Court of which has taken the decision on out-of-family care.

[19 June 2014; 30 March 2017; 24 November 2020 / Paragraph two, Clause 3, and also amendment regarding the replacement of the words "apartment allowance" with the words "accommodation allowance" shall come into force on 1 July 2021. See Paragraph 16 of Transitional Provisions]

Section 26. One-only Benefit for the Repair of a Residential Space or a Residential House

(1) If the residential space or residential house rented or owned by a person has suffered as a result of an act of terror, natural disaster, accident, or another catastrophe but it can be restored and if the person has registered his or her place of residence in this residential space or residential house and the person does not own another residential space or residential house fit for living in the administrative territory of the relevant local government, the local government council or an authority delegated thereby shall grant a once-only allowance for repairing the rented or owned residential space or residential house. The local government may also specify in its binding regulations other categories of persons to be provided with assistance by granting a once-only allowance for the repair of the rented or owned residential space or residential house.

(2) The procedures by which a local government shall grant a once-only allowance for the repair of a residential space or residential house rented or owned by a person, and also the amount of such allowance shall be determined in the binding regulations of the local government council.

[30 March 2017]

Section 26.1 Allowance for Vacating a Residential Space

(1) A local government has the right, in accordance with the procedures and in the amount specified in the binding regulations of the council, to grant a once-only allowance for vacating a residential space to persons:

1) who vacate a residential space which is located in a denationalised house or in a house returned to a lawful owner and who were using them until restoration of the ownership rights, or the abovementioned persons are evicted from the residential space in the cases specified in Sections 28.2, 28.4, and 28.5 of the law On Residential Tenancy;

2) who vacate an apartment in which a change of owner has occurred up to the coming into force of the law On the Privatisation of State and Local Government Residential Housing, as a result of State ownership conversion or as a result of inter-farm undertaking privatisation and which have not been privatised in accordance with the procedures laid down in the law On the Privatisation of Co-operative Apartments and the law on the Privatisation of Agricultural Undertakings and Fishery Kolkhozes, and which were used by them at moment of the change of the apartment residential house owners, or also the abovementioned persons are evicted from the residential space in the cases provided for in Sections 28.2, 28.4, and 28.5 of the law On Residential Tenancy;

3) who vacate a residential space or are evicted from a residential space in the cases provided for in Sections 28.2, 28.4, and 28.5 of the law On Residential Tenancy, if they:

a) have used the residential space at the moment of coming into force of the law On Privatisation of State and Local Government Residential Houses;

b) at the moment of coming into force of the law On Privatisation of State and Local Government Residential Houses the residential space was owned by an undertaking of an association of cooperative societies;

c) the residential space has not been privatised in accordance with the procedures laid down in laws and regulations.

(2) A person is registered for the receipt of the allowance for vacating a residential space, if, in accordance with this Law and the binding regulations of a local government council, it is entitled to receive the assistance provided for in Section 3, Clauses 1 and 2 of this Law. A person shall be deleted from such assistance register when he or she has received the allowance for vacating residential space.

(3) A person who has received an allowance for vacating residential space forfeits the right to receive the assistance provided for in Section 3, Clauses 1 and 2 of this Law.

(4) A local government is entitled to grant once-only allowances for vacating a residential space also if the resources provided for in Section 26.2, Paragraph one of this Law have not been granted in the annual State budget for earmarked subsidies for ensuring disbursement of the allowance for vacating a residential space.

(5) Local governments have the right to attract financial resources from the owners of denationalised houses and houses returned to lawful owners for the financing of the allowance for vacating a residential space in conformity with contract entered into by the parties.

[10 May 2007; 19 June 2014]

Section 26.2 Participation of the State in Financial Provision of the Allowance for Vacating a Residential Space

(1) The State shall allocate an earmarked subsidy to local governments for ensuring disbursement of the allowance for vacating a residential space in conformity with the amount of resources provided for in the annual State budget. The earmarked subsidy is allocated to local governments in the amount of 50 per cent of the actual expenditures of the respective local government for ensuring disbursement of the allowance for vacating a residential space.

(2) The Cabinet shall determine the procedures by which the State shall allocate earmarked subsidies to local governments for ensuring disbursement of the allowance for vacating a residential space.

[19 June 2014]

Section 27. Local Government Assistance in Repairing a Residential Space

(1) A local government may provide assistance for low-income persons by repairing the residential space they rent if the local government is not the lessor of this space, or by repairing the residential space in the ownership of these persons. The local government does not have the right to provide the assistance of this type to those persons who have already received the assistance referred to in Section 26 of this Law.

(2) The binding regulations of the local government council shall determine the procedures by which the assistance referred to in Paragraph one of this Section is provided, and also the scope of this assistance.

Section 27.1 Assistance in Purchase or Construction of a Residential Space

(1) The State shall provide assistance by partially covering the outstanding debt liabilities of a borrower with regard to a loan taken out for the purchase or construction of a residential space. The Cabinet shall determine the authority which administers the provision of assistance, and also the criteria and procedures thereof.

(2) The assistance referred to in Paragraph one of this Section may be received by a person:

1) who lives with and in whose care is at least one child. Within the meaning of this Paragraph, a child is a person under the age of 24 years;

2) who has acquired secondary vocational or higher education and is not older than 35 years of age.

(3) In case of purchase or construction of a residential space, local governments may provide assistance in accordance with the procedures and in the amount specified in the binding regulations by fully or partially covering interest payments.

(4) The assistance referred to in Paragraph three of this Section may be received by a person who lives with and in whose care is at least one minor child, and also a tenant and his or her family member, if they use the residential space in a denationalised house or in a house returned to the lawful owner and who have used it until restoration of the ownership rights.

[19 June 2014; 30 March 2017; 22 November 2017]

Section 27.2 Assistance for Renovation or Restoration of a Residential House

(1) [30 November 2015]

(11) [30 November 2015]

(2) A local government may provide assistance to an owner (owners) of a residential house or an apartment owner, granting funding for the following purposes:

1) for the restoration of residential houses recognised as a cultural monument of State significance;

2) for the renovation of a residential house if the technical condition thereof in accordance with the procedures laid down in laws and regulations has been recognised as dangerous to human life or health;

3) for such renovation of a residential house in which the consequences of an act of terror, accident, natural disaster, or another catastrophes must be liquidated;

4) for the performance of energy-efficiency measures in the residential house;

5) for the improvement of the piece of land attached to the residential house.

(3) Upon providing the assistance specified in Paragraph two of this Section, the provisions of Sections 2 and 6 -10 of this Law shall not be applied.

(31) The State shall reimburse expenditures of local governments for the provision of assistance to the owner of a residential house for renovation of such residential house in which the consequences of an act of terror, accident, natural disaster, or another catastrophe must be liquidated, in accordance with the procedures and in the amount provided for in the laws and regulations regarding allocation of resources for unforeseen events.

(4) [30 November 2015]

(5) The procedures by which the assistance referred to in Paragraph two of this Section shall be provided and the amount of assistance shall be determined by local governments in their binding regulations. Upon providing the assistance specified in Paragraph two of this Section, a local government shall conform to the laws and regulations governing the control of aid to commercial activity.

[10 May 2007; 15 November 2007; 16 September 2010; 19 June 2014; 30 November 2015]

Section 28. Financing of Assistance

(1) Each year before the drawing up of a draft State budget a local government shall aggregate the assistance register data, inventory data of the local government-owned residential space and the assistance provision projects, performing the required calculations, and shall draw up a budget request for partial covering of expenditures from the State budget resources in the form of earmarked subsidies for local governments. Data regarding the tenants who rent a residential space in denationalised houses or in houses returned to the lawful owners and who have been using it until restoration of the ownership rights shall be aggregated separately.

(2) The responsible ministry shall annually summarise the budget requests referred to in Paragraph one of this Section and submit them for inclusion in the draft State budget. The Cabinet shall determine the conditions for granting State budget earmarked subsidies and the procedures by which the requests of local governments for the construction of residential housing, the renovation of unrented residential housing, the building conversion (reconstruction) of residential housing, the finishing of new construction multi-apartment houses (where construction has been suspended) or the acquisition of separate apartment properties shall be evaluated.

[11 September 2003; 22 December 2004; 10 May 2007]

Transitional Provisions

1. Until the day the Law on Declaration of the Place of Residence comes into force, the administrative territory where a person is registered shall be considered as the administrative territory where the relevant person has declared his or her place of residence.

[11 September 2003]

2. Persons who, until the day of coming into force of this Law, have been registered in a local government for the receipt of State and local government assistance shall not be deleted from the lists of applicants for the local government assistance, and they have the right to receive assistance in solving apartment matters in accordance with the procedures laid down in this Law in conformity with the order specified in the binding regulations of the relevant local government council, but if no such order is specified - in the order of registration.

3. Until 31 March 2002 local government councils shall examine the matter regarding the possibilities to provide assistance provided for in Sections 23, 24, 26, and 27 of this Law and shall take a decision on the provision of the relevant type of the local government assistance within the administrative territory thereof.

4. Local governments the council of which has taken a decision to provide the assistance provided for in Section 23, 24, 26, or 27 of this Law shall postpone the examination of applications of these persons until the time when the relevant binding regulations of the local government council come into force, but not longer than three months after the local government council decision on the provision of the relevant type of assistance has been taken.

5. With the coming into force of this Law, the law On the State and Local Government Assistance in Solving Apartment Matters (Latvijas Republikas Augstākās Padomes un Valdības Ziņotājs, 1993, No. 20/21; 1994, No. 12; 1996, No. 1; 1997, No. 23; 1999, No. 11) is repealed.

6. The Cabinet shall, by 1 July 2005, issue the regulations referred to in Section 19.1, Paragraph two and Section 26.1, Paragraph three of this Law.

[22 December 2004]

7. The Cabinet shall, by 1 April 2005, issue the regulations referred to in Section 27.1, Paragraph one and Section 28, Paragraph two of this Law.

[22 December 2004]

8. Amendments to Section 7, Paragraph five, Clause 3 and Section 14, Paragraph one, Clause 11 and 2, Sub-clause "c" of this Law shall not apply to those person who are registered in a local government for receipt of the assistance specified in Section 3, Clause 1 of this Law.

[10 May 2007]

9. Amendments in this Law regarding the replacement of the words "city council (parish council)" with the word "council" shall come into force from 1 July 2009.

[30 April 2009]

10. [30 March 2017]

11. The Cabinet shall, by 31 July 2014, issue the regulations referred to in Section 27.1, Paragraph one of this Law.

[19 June 2014]

12. [30 November 2015]

13. [30 November 2015]

14. Section 25.2 of this Law shall come into force on 1 January 2015.

[19 June 2014]

15. A child left without parental care who rents a local government residential space (except for a social apartment) the residential tenancy agreement for which has been entered into before 31 December 2014 is entitled to simultaneously receive also the accommodation allowance to a child left without parental care.

[30 March 2017; 24 November 2020 / Amendment regarding the replacement of the words "apartment allowance" with the words "accommodation allowance" shall come into force on 1 July 2021. See Paragraph 16 of Transitional Provisions]

16. Amendments to this Law regarding the replacement of the words "apartment allowance" with the words "accommodation allowance", the new wording of Section 3, Clause 5 and Section 25, and also the supplementation of Section 25.2, Paragraph two with Clause 3 shall come into force on 1 July 2021.

[24 November 2020 ;18 March 2021]

The Law shall come into force on 1 January 2002.

The Law has been adopted by the Saeima on 6 December 2001.

Acting for the President, Chairperson of the Saeima J. Straume

Rīga, 22 December 2001


1 The Parliament of the Republic of Latvia

Translation © 2021 Valsts valodas centrs (State Language Centre)

 
Document information
Title: Par palīdzību dzīvokļa jautājumu risināšanā Status:
In force
in force
Issuer: Saeima Type: law Adoption: 06.12.2001.Entry into force: 01.01.2002.Theme: Local governments; Apartment rights; Social protectionPublication: Latvijas Vēstnesis, 187, 22.12.2001.; Latvijas Republikas Saeimas un Ministru Kabineta Ziņotājs, 2, 24.01.2002.
Language:
LVEN
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