Fine Of 5,000 Dinars If Apartment Is Leased To Non-family Members In Model Housing Areas

Fahd Al-Shoula, Minister of State for Municipal Affairs and Minister of State for Communications, has referred a draft law to the Council of Ministers that bans the living of non-family members in some residential areas.

Al-Shuala explained in his letter that the Fatwa and Legislation Department reviewed the final draft of the project, including the explanatory memorandum, reported Al-Anba.

A fine of 5 thousand dinars is imposed on those who violate the prohibition on leasing or renting residential units in private housing areas for non-families.

Furthermore, non-family tenants of residential units in residential areas were prohibited from registering and obtaining civil cards. The following are its legal articles.

According to Article 1, the following words and phrases shall have their respective meanings when applied to this law:

Generally, a family consists of a husband and wife, their children, and any other family members up to the fourth degree or some of this group, as long as there are at least two of them.

Kuwaiti law considers a woman who is widowed, divorced, or single and over 40 to be family.

The term private housing area refers to low-density areas with family housing units, whether they were established by individuals or the private sector.

Model housing areas: Light-density areas whose units are designated as family housing, and were established or whose lands were distributed by the state within the housing welfare program using unified or different architectural designs (model).

Article (2): Non-families cannot be accommodated in private and model housing areas by delaying or renting residential units. It is also prohibited to accommodate non-families in these areas. In the event that they are rented to those not covered by the ban, the owners of these units must submit a copy of the lease contract to the municipality for approval. Approved by the district mayor.

The provisions of this law are void and have no legal effect if they are violated.

Article (3): It is not permissible to register and issue civil cards to tenants and occupants of residential units – other than families – in typical and private housing areas except after confirming the relationship with the property owner or his spouse up to the fourth degree.

The provisions of the previous paragraph do not apply to domestic workers.

As part of its automated system for real estate lease contracts, the Authority informs the municipality periodically of all data related to renting residential units in private and private housing areas.

According to Article (4) of Law No. (17) of 1959, the Ministry of Interior shall send a copy of the notification referred to in Article (7) bis of that law to the municipality and Public Authority for Civil Information.

According to article (5), employees designated by the Minister of State for Municipal Affairs are judicial officers, and they may detect violations stipulated in this law, prepare reports, and bring them to the attention of the public prosecutor.

A report may be submitted if there is strong evidence that violations have been committed in private or model housing. The Public Prosecution shall be notified of their investigations through the Director General of the Municipality or his authorized representative to request permission to enter those dwellings.

In the event that the Public Prosecution determines it is necessary to grant permission to enter, it shall do so in writing. Employees who have judicial police status may write reports of such violations and refer them to the Public Prosecution. In all cases, they must seek the assistance of members of the police force.

Article (6): The Director General of the Municipality or whoever he delegates from among his deputies shall issue a decision to administratively evacuate the violating unit of its violating occupants. If he or one of his deputies makes a decision, he or the deputies may take the necessary steps to cut off the violating unit's electricity and water supply.

When implementing the evacuation decision, the competent municipal employees may ask the police for help.

According to Article (7), the Public Prosecution is the sole authority for investigating, prosecuting, and enforcing the crimes stipulated in this law, and the Municipal Public Prosecution is notified of all final, enforceable decisions.

Article (8): In addition to any more severe penalty stipulated by another law, anyone violating the provisions of Article Two of this law shall be fined not less than one thousand dinars and not more than five thousand dinars, and this fine will be doubled in any return case and in all circumstances. It is ordered that the occupants of the property be evicted by the court.

The violator who refuses to implement the ruling ordered to evacuate the property will be punished with a fine of twenty dinars per day, after the expiry of the period specified by the municipality to implement the ruling.

In accordance with Article (9) of this law, the aforementioned Decree Law No. 125 of 1992 as well as every provision that conflicts with it shall be repealed.

According to Article (10): Ministers - each within his jurisdiction - must implement this law, and it will be effective upon publication.

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