This article is a continuation of the study of luxury housing as an economic and legal category in the light of the application of the norms of the institute of executive immunity. Earlier, the authors considered the theory and normative regulation of this issue. The purpose of this study was to consider the concept of luxury housing as an economic and legal category based on the analysis and generalization of judicial practice and economic analysis. The authors summarized judicial practice in cases of the application of executive immunity to the only luxury housing owned by a citizen. The decisive criterion for the luxury of housing in most court cases is the area of the object, as well as the number of floors and the number of rooms in combination with its area. In addition, the presence of separate premises in a residential building with a special purpose, the features of the interior decoration of the premises, the availability of the acquisition of such an object for the bulk of the population of the region, the number of residents, and the cost of the property are taken into account. It is debatable whether the courts take into account the residential or total area of the house and whether the normal technical condition can be a criterion of luxury. A sign of abuse of the right by the debtor is considered in favor of resolving the issue of removing housing from immunity. In addition to the fact of luxury housing, in order to remove it from immunity, the courts consider it necessary to establish a significant positive economic effect from the sale of luxury housing and the guarantee of providing replacement housing to the debtor. When considering the issue of replacement housing, the courts take into account not only the objective parameters of the residential facility itself, but also the area of residence, accessibility and proximity of educational and medical institutions. In this article, a system of technical, economic and legal criteria for the classification of luxury and replacement (affordable) housing has been formed. The definitions of luxury and replacement housing have been clarified; an algorithm for making a court decision to remove or not remove a dwelling from executive immunity has been developed and applied. The economic effect of the institute of executive immunity is calculated.