Legislator Case Law & Legislation
III RN 45/98 AI generated

Supreme Court dismissed extraordinary review regarding municipal budget allocation for private rental building repairs.

Case Number III RN 45/98
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the extraordinary review filed by the Regional Audit Office against a municipal council's budget amendment. The council allocated funds to repair private multi-family buildings where tenants pay regulated rent, arguing this fulfills its own tasks under housing law. The court ruled that such expenditures are legally permissible as they serve the municipality's duty to meet housing needs within its jurisdiction.

Legislator headnote

AI generated

Art. 7 ust. 1 pkt 2 Prawo budżetowe; Art. 4 ustawy o najmie lokali mieszkalnych i dodatkach mieszkaniowych: Municipalities may allocate budget funds for repairs to private residential buildings when tenants pay regulated rent, as this serves the municipality's own task of satisfying housing needs.

Keywords

AI generated
municipal budget allocation regulated rent tenants private building repairs extraordinary review dismissal housing needs task municipal competence budgetary law compliance

Cited Legislation

AI generated
Art. 7 ust. 1 pkt 2 of the Budget Law
Art. 4 of the Act on Renting of Residential Premises and Housing Additions
Art. 236 ust. 2 of the Constitution of the Republic of Poland
Art. 393 § 12 of the Code of Civil Procedure
Art. 10 of the Act of 1 March 1996 on Amendments to the Code of Civil Procedure
art. 236 ust. 2 Konstytucji

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