Those who go to prison risk losing their social housing and finding themselves on the street when they get out. In fact, those who do not use the accommodation for six consecutive months will lose their assignment. And inmates, by definition, do not use their housing while incarcerated. A paradox, given that the risk of recidivism increases considerably for those who leave prison and find themselves without a social “base” to start their life again, which can be summed up in two words: work and, of course, home.
The issue was brought before the Milan City Council on Monday March 25 by Alessandro Giungi, of the Democratic Party, vice-president of the penitentiary subcommittee. And, to the extent that the Municipality can do it, given that in reality the legislation is regional, housing councilor Pierfrancesco Maran is committed to studying solutions. At the moment, Maran explained, the Municipality of Milan, as the body that allocates social housing, is trying to find other accommodation for the person upon release from prison. But it is a remedy that deserves to be better structured.
The problem only concerns single people, because otherwise the accommodation is, again by definition, occupied by family members. The problem comes from the regional law (of 2016) on the construction of public housing, which refers to the regulations the definition of “confiscation in the event of (…) lack of occupation” (article 23, paragraph 9, letter g). And the regulation (from 2017) specifically says that anyone “has not used the allocated accommodation for a period of more than six consecutive months is lost, unless this has been duly communicated to the owner or managing body” (article 25, paragraph 1, letter c).
If we read carefully, the remedy would therefore be provided: it is necessary to “reasonably communicate” to the Municipality or to Aler the impossibility of occupying the accommodation, and in any case the confiscation (as we always read in the regulations, at the beginning of section 25) “shall be settled subject to cross-examination”. But the result is often that the detainee, once released from prison, finds himself declared confiscated and no longer has accommodation.
Giungi, in his question to Maran, mentioned a case that occurred recently, in the municipality of Lorenteggio. “Formally, the possibility of motivating is provided, but in reality there have been cases in which the TAR has reached an agreement with the institution,” added the PD advisor on the sidelines of the session: “I understand that for prisoners who are in prison in the house cannot stay long, maybe for 10 years, and for them another solution will be found, but for those who have been in prison for example for less than a year, it’s unfair.” Councilor Maran promised that with the municipal offices, we are studying “a path that leads us to a practice according to which, taking into account what the legislator says, the detainee is accompanied, through social housing or other solutions, so that when he comes out of prison, he does not find himself on the street.