ADVOKS GLOBAL · KENYA
The Affordable Housing Regulations, 2025
9. Change of allocated affordable housing unit
Edition: 2025-07-09 · In force
9. Change of allocated affordable housing unit
(1)A person is eligible to a change of allocated affordable housing unit where that person has already been allocated an affordable housing unit and has not transferred the ownership of the affordable housing unit.(2)A person who meets the criteria specified in paragraph (1) may submit an electronic application to the Board specifying the reasons for the proposed change of allocation.(3)Where the Board considers that the affordable housing unit surrendered in accordance with paragraph (7) is not tenantable, the Board may renovate and recover the cost of the renovation from the person who made the application.(4)Within thirty days after an application made under paragraph (2) is made, the Board shall determine the application and notify the applicant of its decision within fourteen days after the decision is made.(5)Where an application made under paragraph (2) is successful, the Board shall—(a)allocate a different affordable housing unit to the applicant; and(b)withdraw all the payments made by the applicant for the previously allocated affordable housing unit and repurpose those payments for the newly allocated affordable housing unit.(6)An applicant under paragraph (2) who had not taken possession of the previously allocated affordable housing unit shall forfeit the affordable housing unit.(7)An applicant under paragraph (2) who had taken possession of the previously allocated affordable housing unit shall surrender the affordable housing unit to the Board in a tenantable condition.(8)Where the newly affordable housing unit allocated under paragraph (5) is of a lower value than the previously allocated affordable housing unit—(a)the Board shall, within ninety days of making the decision, refund the applicant the payments made by the applicant that exceed the amount of the monthly payments of the newly allocated affordable housing unit; and(b)the Board and the applicant shall restructure the payment obligations of the tenant purchase agreement for the newly allocated affordable housing unit.(9)Where the newly allocated affordable housing unit allocated under paragraph (5) is of a higher value than the previously allocated affordable housing unit, the applicant and the Board shall restructure the payment obligations of the tenant purchase agreement for the newly allocated affordable housing unit.