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

Judgment No. 11433 of April 29, 2024, issued by the Court of Cassation, addresses a highly relevant issue in the field of public residential building, particularly concerning the rights of grandchildren to succeed to the tenancy upon the death of the allottee. This is of particular interest to those who find themselves facing similar situations, where the continuity of residence is tied to specific legislative requirements.

The Regulatory Context and the Court's Decision

The Court ruled on a case where a grandson sought to succeed to the allocation of public housing after the death of his grandmother, who was the allottee of the property. The relevant legislation is Article 12 of Lazio Regional Law No. 12 of 1999, which establishes the conditions for succession in the event of death. The Court clarified that grandchildren can obtain this right only if they have been cohabiting with the allottee for at least two years prior to the publication of the tender notice.

In general. Regarding public residential building, in the event of the allottee's death, pursuant to Article 12 of Lazio Regional Law No. 12 of 1999, grandchildren are entitled to succeed to the allocation only if they have been continuously cohabiting with the relative for at least two years as of the date of publication of the tender notice. This is because they are descendants and as such are contemplated only as members of the original family unit to whom the allocation was made, as per Article 11, paragraph 5, and not also of the expanded family unit referred to in Article 12, paragraph 4 of the same law. (In this specific case, the Supreme Court found no grounds for appeal in the judgment rejecting the claim for the ascertainment of the requirements for succession filed by the grandson of the allottee, who had only moved in with his grandmother to provide her with assistance after she was declared 100% disabled and after the allocation had been made).

Practical Implications of the Judgment

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

• The necessity of proving continuous cohabitation with the allottee for at least two years.
• The distinction between the original family unit and the expanded family unit, as established by law.
• The fact that moving into the grandmother's home after the allocation does not automatically confer the right to succession.

Conclusions

Judgment No. 11433 of 2024 represents an important clarification of the regulations concerning public residential building and the rights of grandchildren to succession. It is essential for families to be aware of the legal requirements and to prepare adequately should they find themselves needing to exercise these rights. The correct interpretation of the legislation can make a difference in ensuring housing stability during difficult times.