A 26-year-old woman from Karaganda lived in someone else's apartment without realizing it.

According to the official Telegram channel of the court, the SMAС of the Karaganda region examined an administrative lawsuit filed by a local resident against the Akimat of Karaganda and the State Institution "Department of Housing Relations of Karaganda" regarding the illegality of actions denying housing provision, and compelling them to issue a favorable administrative act for housing from the state housing fund.

The plaintiff disagreed with the denial from the State Institution for housing provision, arguing in her claim that on October 20, 1998, she was issued an order for an apartment located in the 15th microdistrict of Karaganda.

"Since that time, she has lived there with her son. In 2024, it was discovered that this apartment is not in communal ownership and has private owners. The court decision of the Bokeykhan district recognized the housing order as invalid. She moved into this apartment not unlawfully, but with the knowledge and consent of the local executive body. Due to the fault of the state authority, the family was left without housing." , - the court established.

In its response, the defendant stated that currently, there is no legally available housing in Karaganda, but if it becomes available, housing will be provided to the woman.

Thus, by the decision of the Bokeykhan district court of the city of Karaganda on March 26, 2024, it was established that the apartment provided to the plaintiff in 1998 by local executive bodies does not have the status of an object of the state housing fund or a dwelling rented by the local executive body.

The apartment is a private property, the ownership rights to it have not been terminated, and the apartment has not passed into communal ownership; therefore, it could not have been provided for residence.

"Thus, the local executive bodies committed violations in making the decision to provide housing to the plaintiff, meaning that an illegal administrative act was taken due to the fault of the administrative authority, while there was no culpable behavior on the part of the plaintiff." , - the court explained.

Considering the established circumstances of the case, the court concluded that the local executive bodies unreasonably and illegally denied the woman housing from the state housing fund, as she lost the previously provided housing due to the fault of the local executive bodies.

The SMAС satisfied the administrative claim. The court also ordered the Akimat of Karaganda to issue a favorable administrative act for providing housing to the woman from the state housing fund within one month from the date the court's decision comes into legal force. The court's decision has already entered into legal force.

Previously, a resident of Pavlodar, who lived in an apartment with his family for 23 years, proved ownership of the property. The court found the Akimat's decree to transfer this apartment into communal ownership illegal, as the regulated procedure for this was violated.

Additionally, a resident of Kokshetau, the deputy director of the "Botai" museum-reserve in the North Kazakhstan region, was at risk of losing a three-room apartment provided for rent from the housing fund due to his place of work. The court established that since the apartment was issued, the tenant and his family have been living in it, and the Housing Department did not provide any evidence to the contrary.