Judgment No. 11433/2024: Right of Succession in Public Residential Housing

The judgment no. 11433 of April 29, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the field of public residential housing, particularly concerning the succession rights of grandchildren in the event of the death of the tenant. This premise is of particular interest to those facing similar situations, where the continuity of residence is linked to specific legislative requirements.

The Regulatory Context and the Court's Decision

The Court ruled on a case where a grandson requested to succeed in the assignment of a public housing unit after the death of his grandmother, the tenant of the property. The relevant legislation is Article 12 of Regional Law Lazio No. 12 of 1999, which establishes the conditions for succession in the event of death. The Court clarified that grandchildren can only obtain this right if they have lived with the tenant for at least two years before the publication of the competition notice.

In general, in the matter of public residential housing, in the event of the death of the tenant, pursuant to Article 12 of Regional Law Lazio No. 12 of 1999, grandchildren have the right to succeed in the assignment only if they have lived continuously with the family member for at least two years prior to the publication of the competition notice, as they are descendants and are recognized only as members of the original family unit assigned under Article 11, paragraph 5, and not as part of the expanded family unit referred to in Article 12, paragraph 4 of the same law. (In this case, the Supreme Court deemed the rejection of the request for verification of the existence of the requirements for succession proposed by the grandson of the tenant, who had only moved to the grandmother's residence after the assignment to assist her due to her being 100% disabled, to be free from criticism).

Practical Implications of the Judgment

This decision has significant repercussions for families in similar situations. In particular, it is essential for grandchildren to consider the following aspects:

  • The necessity of demonstrating continuous cohabitation with the tenant for at least two years.
  • The difference between the original family unit and the expanded one, as established by law.
  • The fact that moving to the grandmother's residence after the assignment does not automatically confer the right to succeed.

Conclusions

Judgment no. 11433 of 2024 represents an important clarification on the legislation regarding public residential housing and the succession rights of grandchildren. It is crucial for families to be aware of the legal requirements and to adequately prepare should they find themselves needing to exercise such rights. The correct interpretation of the law can make a difference in ensuring housing stability in times of difficulty.

Bianucci Law Firm