WILLEMSTAD - The court has ruled that the Fundashon Kas Popular (FKP), Curaçao’s public housing foundation, may only recover up to five years of unpaid rent when pursuing arrears from tenants. The decision, issued last Thursday, aligns with previous rulings by the Court of Appeal in similar social housing cases.

The case concerned a tenant who has been living in an FKP property since 2014 but failed to pay rent for nearly a decade. The total debt had accumulated to more than 112,000 guilders. Despite the tenant’s request for a reduction or payment arrangement, FKP refused to offer any leniency or settlement.

The judge determined that because of FKP’s social housing role and its longstanding tolerance policy toward overdue payments, the foundation cannot demand rent older than five years. As a result, FKP may only recover rent dating from November 2019 onward.

The court also ordered the tenant to vacate the property, but ruled that they must continue paying rent and service fees until the move-out date.

With this judgment, the court reaffirmed that social housing organizations such as FKP cannot indefinitely claim old rental debts, even in cases of long-term nonpayment. The decision underscores the court’s expectation that public housing entities act in accordance with their social responsibility and fairness obligations toward low-income tenants.