OPINION

The opinion was issued regarding the complaint by A. A., which he filed against the City Administration for Property and Property-Legal Affairs B. B., Housing Commission for the allocation of housing support through the purchase of apartments in public ownership of the city of B. B., due to discrimination based on marital and family status. The complainant stated, among other things, that the Housing Commission issued a public call for the purchase of apartments in the public ownership of the City of B.B. in a residential building, and that item 2 of the public call stated who can buy an apartment in the residential building, depending on the number of household members, specifying that a household with two members can buy one of the seven apartments offered in the residential building, and that further apartments that households  with three members, then four members and five members can buy are listed. He stated that, regardless of the conditions of the public call, he submitted a request and received a response from the City Administration for Property and Property-Legal Affairs B. B. that the request was submitted for a single-member household, and that he does not meet the requirements of the public call because he lives alone, which is why he believes that he was discriminated against based on marital and family status. In the statement, it was specified that in the public call for the purchase of apartments in the public property of the city of B. B. in the street bb, the apartments were allocated depending on the number of family household members, following Article 90 of the Law on Housing and Building Maintenance, and that the said article of the Law stipulates that a suitable apartment for single-member households has a net usable housing area between ​​22 sqm and 30 sqm, as well as that were no such apartments at the specified location in building 6, where the apartments that were the subject of the public call are located, and based on that fact, the public call could not allocate apartments for single-member households. It was further stated that, in 2020, a public call was issued for purchasing apartments in public property of the city of B. B. at the address bb, and that on that occasion, an apartment for a single-member household was allocated, as well as that the announcement of a public call is planned for the allocation of housing support by purchasing apartments in public ownership, where an apartment for a single-member household will also be allocated. During the procedure, the Commissioner for the Protection of Equality determined that following the provisions of Article 90, paragraph 2, item 1, the appropriate apartment according to the criteria of spatial conditions for a single-member household is a studio apartment or a one-room apartment with net usable housing area between ​​22 sqm and 30 sqm. By an insight into call no. XXV-020-125/21, it was determined that the apartments for which the public call was issued ranged from 37 sqm to 59 sqm and that there were no apartments with a net usable housing area of ​​up to 30 sqm. Considering the established facts and relevant legal regulations, the Commissioner for the Protection of Equality issued the opinion that the City Administration for Property and Property-Legal Affairs B. B., Housing Commission for the allocation of housing support did not violate the provisions of the Law on Prohibition of Discrimination.

COMMISSIONER FOR THE PROTECTION OF EQUALITY

Brankica Janković