Not notified about the removal from the queue of those in need. Grounds for removal from the queue for improving housing conditions
Removal from the queue for housing of certain categories of citizens is a procedure that is carried out by the forces and specialized checks of some competent commissions. It is they, these commissions, who issue a refusal to receive housing, while indicating the reasons for this refusal.
Of course, subsequently, citizens have every right to challenge the decision to refuse to provide housing, but in order to do this, it is recommended to seek the help of a lawyer competent in these matters.
Why is it important to contact a lawyer in order to challenge the withdrawal from the housing queue
It is important not only to seek the help of a lawyer competent in these matters, but also to prepare the necessary questions, the answers to which can be useful in the event of a trial in those disputes that relate to the removal of a category of citizens from the queue for accommodation.
Detailed legal advice in Moscow is an excellent solution for those who need not only to protect their civil rights for housing within the framework of belonging to the category of citizens, but also for those who need to defend and return their rights given by law to the provision of housing for living in the future.
What can a lawyer do
Within its own competence, a legal specialist will be able to provide the following types and types of assistance to those categories of citizens who, for any reason, have been removed from the queue for the provision of living space:
- Analysis of the situation. Before considering a case and finding answers to questions about why they can be removed from the queue, a qualified and experienced lawyer is obliged, within his competence, to analyze the situation, and also to determine the reasons on the basis of which a citizen or a group of citizens of Russia was removed from the state register for the provision of housing from the state. It should be noted that each case is unique, and that is why, in order to investigate the reasons for the refusal to provide housing, the most the best options You will need to contact a qualified lawyer. Without his help and detailed advice on the decision and removal of citizens from the provision of housing from the state, it will be very difficult to protect their rights, as well as prove that the applicant has the full right to restore his status to receive living space;
- Collection of documents. Another important duty of a lawyer, without which no legal consultation in Moscow takes place, is the collection of the necessary documentation and information to challenge the decision to deregister citizens. With the right approach, as well as when collecting all required documents it is possible to achieve not only a review of the decision on deregistration, but also a review of the dispute within the framework of the court;
- Consultation. Consultation of a qualified lawyer is one of the most popular types of legal assistance today. As part of legal advice the lawyer will be able to consider various situations, solutions and methods of protecting the interests of his client, as well as answer all the questions asked during the consultation. Thanks to the advice of an experienced legal specialist, it is possible to increase the chance of a positive decision in the framework of an ongoing legal dispute to remove a citizen or a group of citizens from the register for the provision of housing in Moscow.
- Personal representation. In addition to legal advice, which can help in resolving any issues, as well as provide all the information necessary for defense and further disputes within the framework of court proceedings, a lawyer will be able to provide personal representation services. Personal representation of a lawyer in the framework of court proceedings is one of the main points that helps the party not only protect interests, but also set them aside according to the court session of this instance. Moreover, within the framework of legal advice, you can understand how to challenge the removal from the queue for Living spaces for various categories of citizens or families who apply for an area in accordance with the norms and articles of the current legislation (according to the Housing Code in force in Russia, namely, in accordance with article number 188);
- Appeal. In the event that the arguments that were presented as part of the court proceedings were not convincing enough, because of which the judge made a negative decision, a qualified lawyer will be able to prepare all the necessary documents in order to appeal the decision to a higher court.
For what reasons can they be removed from the waiting list for housing
- Citizens may be excluded from the register in order to receive housing if the situation, actions or actions of a citizen or citizens are regulated by Article 56 of the LC of Russia. According to this article, from the list of citizens who can receive housing within the framework of state program, the following citizens may be excluded:
- Those who sent an official refusal to receive living space. The refusal can be caused by moving outside of Russia, as well as by exchanging an apartment for another, larger one. There may be other reasons as well;
- Loss of one or more grounds, according to which the right of a citizen or several citizens, justified from the point of view of the current legislation, to receive living space on the basis of a social tenancy agreement is granted. As an example, one can note the improvement of personal financial position one or more close relatives (in particular, family members). As for the amount of earnings, it should be higher than the earnings for citizens belonging to the group of the poor, established in accordance with Article 49 of the RF LC;
- Moving a citizen or several citizens to some other place. In the event that the address of the new place of residence changes, but does not go beyond the territorial boundaries of the region, then the order and the right to it will not change. In the same case, if the family will be sent to the territory of another region, then it is automatically excluded from the general queue of those families that have the right to provide living space at the expense of state support;
- Also excluded from the queue are those citizens who received cash for the subsequent construction of a house or the acquisition of living space in Moscow;
- Citizens in the process of registration and queuing indicated false information about themselves, however, they were registered to receive living space at the expense of public funds (such information, the incorrect indication of which may be the reason for which they can be removed from the queue, includes: incorrect indication of the number of members of the same family living in the same living area, incorrect information regarding the health of one or more family members, illegal certificates indicating that the family is poor).
An important point: according to the Housing Code of Russia, namely article number 56, only the company that registered citizens has the right to deregister and queue for housing.
If a citizen, several people or a family who applied for an apartment or other type of living space under the state program was removed from the queue without explanation, you need to seek the advice of a legal specialist.
A qualified lawyer with experience will be able to determine how to challenge the removal from the queue, and will also be able to take all necessary measures to ensure that a citizen, several citizens or a family are restored to their official and given rights under applicable law.
Why it is important to seek legal advice
In addition, if you have to go to court in case of disputes or disputable situations, only a qualified and experienced lawyer in such matters will be able to provide really high-quality and tangible assistance, regardless of the situation, and also regardless of what evidence was presented by both parties. . This speaks of competence, as well as the level of experience and knowledge of a lawyer with sufficient competence and qualifications.
Of course, it is always possible to resolve issues on your own, however, independent resolution of such issues during the trial may not always bring positive results.
Important! For all questions when removing from the queue for housing, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Lawyers for housing issues, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in the current issue and advise you on all issues of interest.
According to the housing legislation, certain categories of citizens have the right to receive housing from the state free of charge. To be placed on the waiting list for housing, it is necessary to collect a sufficiently large package of documents and submit it to the authorized body. But if, after going through this difficult procedure, citizens were removed from the queue for housing, what should be done? Is it possible to get up again and wait for the receipt? Or should it be done in a different way?
Grounds for removal from the queue for improving housing conditions
The right to receive housing is reserved for citizens only until the moment when the basis is revealed on which they cannot be registered and will be removed.
In accordance with the legislation of the Russian Federation, citizens can be removed from the queue in the following cases:
- They, on their own initiative, filed a corresponding application (when a citizen himself asks to be removed from the register, then the reason is not required to be indicated);
- When the basis on which they were to be provided with housing under the contract social recruitment, was lost. For example, financial condition the family has been improved and it is no longer considered poor - when an inheritance was received that improved the financial condition, a promotion was received, etc.;
- When moving to another region or country (but when we are talking about moving within the city, then the place in the queue is preserved and the citizen cannot be removed on these grounds);
- If financial assistance was issued for the construction of a house or the acquisition of an apartment, the citizen also cannot claim housing;
- When, after registering in the queue for an apartment, it turned out that the information provided by citizens was not reliable;
- Upon dismissal from the enterprise from which the area was to be allocated, the citizen also cannot claim it in the future;
- In case of intentional deterioration living conditions for the purpose of obtaining housing;
- When citizens buy a summer house, which was recognized as suitable for year-round use;
After one of the above circumstances has been revealed, the employees of the authorized body (in this case, the Department of Housing Policy) within 30 days make a decision on removal from the queue for housing. This decision should contain information about the reasons why the dequeue occurred. But what to do when citizens were removed from the queue for no reason? Is it possible to prove your innocence and recover on the account? Where do you need to go for recovery?
Dequeue procedure
When a citizen was groundlessly removed from the queue, he needs to act as follows:
- Apply to the authorized body with a written application to provide information about the reason for the withdrawal. Based on the application, employees of the authorized body are required to provide a written response with explanations - for what reasons a citizen cannot claim housing.
- When it follows from the answer that the withdrawal was groundless (or no explanation was given to the request and the authorized body did not provide the necessary answer), then it is necessary to file a lawsuit in court and defend your rights in judicial order.
Claim preparation
The claim must contain the following information:
- The name of the court to which it is submitted;
- F. I. O. of the plaintiff, his telephone number and address of residence;
- Information about the respondent (name of organization), address, contact phone numbers;
- Information about the place of residence at the moment;
- The basis on which the person was registered as needing housing and the date when this was done;
- The date on which the person learned that he was deregistered;
- Request for recognition of the defendant's actions as illegal;
- Request for reinstatement;
- The date the claim was filed;
- Signature.
It will be necessary to attach a package of documents confirming the veracity of the applicant's words to the claim. Depending on the situation, the list of required documents varies.
- Original payment receipt state duty(a copy will not work - the judge's office will not accept a claim with a copy);
- Printout from a personal bank account;
- Copies of birth certificates of minor children;
- Extract from the house book.
Consideration of the case in court
This category of cases is subject to consideration by the district court - and it is required to send a ready claim there. It is possible to file a claim on your own or with the help of specialists in this field, but given that housing legislation is one of the most difficult, especially when it comes to obtaining housing, most citizens prefer to turn to lawyers for help. Lawyers will help not only to file a claim, but also represent the interests of the client in the process (including when an appeal is required), as well as in other state bodies, which will significantly increase the chance of a positive decision.
If you have been unreasonably removed from the queue and you need help in asserting your housing rights, you can contact our specialists at the contacts indicated. We have many years of successful experience and can guarantee a quality result! Our specialists will represent your interests and achieve your restoration in the lists for the apartment.
Recently, citizens Russian Federation began to face the problem of housing. In particular, this affected the mass removal of people from the queues for housing. This was motivated by the fact that many citizens who were standing in line simply do not need better living conditions. The grounds, however, are still completely incomprehensible, but this brought an incredible amount of problems.
Citizens immediately began to solve such a problem, everyone did it in their own way. So, for example, one of the citizens went through a whole procedure with their own rules and conditions in order to get in line. For more than 10 years, he has been on the waiting list, and then experts come in who assess the living conditions. After some time, he receives a letter stating that he was removed from the queue. For more than a decade, a person has been waiting for a new apartment, and when the time has come, he was simply refused. What to do in this situation? Can the actions be considered legal?
Is it legal to get out of line?
Let's find out what are legal grounds in order to remove a person from the queue. Since the question recent times is becoming more and more acute, we will rely on the law so that a person has something to appeal to state bodies. If you are no longer on the waiting list for a new housing, but we will try to resolve this situation.
So, the really legal circumstances of refusal can be:
- A person has acquired housing or other property in the amount of more than 500 thousand rubles;
- The person left the territory of the Russian Federation, or changed his permanent place of residence, moving to another subject;
- A social contract of employment was signed, or a gratuitous transaction was concluded (donation agreement, inheritance);
- Knowingly false information was provided regarding housing conditions;
- The person was able to receive the subsidy;
- The person hid other sources of income;
- After settling in the queue, the property was received, etc.;
Let's make a couple of remarks. Firstly, if you have moved to another subject of the Russian Federation, then you can again get on the waiting list by contacting the local department of public assistance. Secondly, if you are given illegal reasons, or they are not given at all, then you can apply for restoration in the queue lists.
The procedure for the restoration of a person in the lists of queues for real estate
If you have received a notification that you have been removed from the queue, then first of all it is best to go to some legal office that will help you with advice. The fact is that it is impossible to give universal advice in an article, since each situation can be quite specific and must be approached individually. But on the other hand, the consultant will be able to check whether this ground is legal or not and tell you what to do. If, nevertheless, there are some ideas, then it will be necessary to draw up a claim that your rights have been violated. You can file such a complaint within three months from the date the complaint was received. If any violations are identified, then our chances of success increase significantly. If you cannot apply on time, then, unfortunately, then it will be impossible to restore your rights, and your complaints will simply be rejected.
The help of a lawyer will not hurt when contacting government bodies, ordinary people constantly everything has to be explained, after which incorrectly executed documents are obtained. To avoid this, it is better to use a lawyer who has already contacted these bodies, and also knows the essence of the problem. And the chances of success with a lawyer are really higher than on your own.
The problem should be considered multidimensionally, which means that government agencies may turn out to be right. So, for example, there are cases when people deliberately worsen their living conditions in order for the state authorities to issue new apartment. Also, often people draw up housing, bills for other people, which is also wrong. If all this clears up, it will not be difficult to strike you out of the queue, and no one will dare to restore you.
The mere fact of being removed from the queue for housing improvement is not very pleasant, given the fact that you really live in a bad house and you have a need to improve your housing. As soon as people receive notifications, panic sets in, which prevents them from making a decision quickly and adequately. Once again, we would like to draw your attention to the fact that if you are in doubt about everything, then it is better to contact a lawyer, he will tell you what can be done in this situation, offer different options for solving the problem.
By following all the tips and advice, you can actually restore your eligibility for housing. But do not break the law and miss the deadlines. We know how to help you. The initial consultation is completely free and does not oblige you to anything, therefore, in principle, you do not need to worry, do not hesitate to contact us and get competent answers to all your questions, as well as assistance in achieving the desired result. It is possible to recover in the queue if you acted legally, in any case, you have several options for solving the problem.
Important! For all questions about the restoration on the waiting list for housing, if you do not know what to do and where to turn:
Call 8-800-777-32-63.
Housing lawyers, and attorneys who are registered on Russian Legal Portal, will try to help you from a practical point of view in the current issue and advise you on all issues of interest.
The rules on the preservation of the right of citizens to be registered as those in need of residential premises are provided for in Art. 55 Housing Code RF. In fact, this article guarantees citizens registered as in need of residential premises that they cannot be arbitrarily deprived of the right to be on the specified account. Such citizens can be deregistered only when they are actually provided with living quarters under social tenancy agreements or grounds for deregistration provided for in Part 1 of Art. 56 of the Code.
Deregistration of citizens as those in need of residential premises is carried out according to the rules of Art. 56 of the Housing Code of the Russian Federation. Citizens are deregistered as needing housing in the following cases:
1) they submit an application for deregistration. This can be caused by a variety of reasons: exchange for a larger room; travel abroad for permanent residence, etc.;
2) loss of grounds giving the right to receive housing under a social contract of employment. Thus, a significant improvement in the material status of a family can lead to deregistration, since the amount of income per family member (Article 49 of the LC RF) excludes them from the category of "poor".
The loss of grounds also includes the improvement of housing conditions (acquisition of other housing in the property, retirement of a family member, exchange, etc.).
At the same time, the receipt of housing in a hostel or the conclusion of a sublease, "commercial" lease does not entail deregistration; residence on these conditions is, on the contrary, the basis for registration (see article 51 of the LC RF);
3) departure to a new place of residence in another municipality. As for the change of address within the city limits of Moscow and St. Petersburg, the priority for obtaining housing remains (if the change of residence did not lead to an improvement in living conditions, that is, if the grounds for recognizing citizens as in need of housing have not disappeared);
4) receipt by citizens of budgetary funds for the purchase or construction of residential premises;
5) providing citizens in the prescribed manner land plots for the construction of a residential building;
6) submission of untrue information about the need for housing (overestimation of the number of family members living in this area; distortion of information about the health status of family members; illegal receipt of a document on the right to preferential housing, etc.), as well as in case of illegal actions of officials.
Illegal actions of officials are expressed in the registration of persons who are not subject to registration in accordance with the Housing Code of the Russian Federation for obtaining housing.
These six grounds for deregistration of citizens as those in need of residential premises are set out in Part 1 of Art. 56 of the Code in an exhaustive list. Therefore, establishing additional grounds or changing existing ones is possible only by making appropriate changes or additions to the Code.
In the imperative norm, Part 2 of Art. 56 of the Code establishes that the decision to remove citizens from the register as those in need of residential premises can only be taken by the body by whose decision the relevant citizens were admitted to the specified register (for this, see Article 52 of the Code). The specified decision must be made no later than within 30 working days from the date of discovery of the circumstances that are the basis for making such decisions.
Decisions to deregister citizens as those in need of residential premises must contain the grounds for deregistration with a mandatory reference to the circumstances provided for in Part 1 of Art. 56 of the Code. Decisions to deregister citizens as those in need of residential premises are issued or sent to citizens in respect of whom such decisions have been made no later than three working days from the date such decisions are made and can be appealed by these citizens in court. It is easy to see that the requirements for the content of the decision to remove a citizen from the register as in need of housing, as well as the rules for notifying the relevant citizens about the decisions taken, are similar to those that apply to the decisions to refuse to register such a citizen, which were mentioned above (see also parts 2, 3 of article 54 of the Code).
Since the list under Art. 56, is closed, deregistration for other reasons is unacceptable.
Based on the above list of grounds for removing citizens from the housing register, we can conclude that the fact of a change in the size and composition of the family cannot cause you to lose the right to be registered with the housing register.
Under a social tenancy agreement, residential premises in the house of the municipal housing stock are provided to citizens who are registered in need of improved housing conditions in order of priority, based on the time of registration and inclusion in the lists for receiving residential premises.
Citizens who have the right to priority and extraordinary receipt of residential premises are included in separate lists for the provision of residential space.
Under a social tenancy agreement, residential premises may also be provided to citizens on an extraordinary basis in the following cases:
- destruction of housing as a result of a natural disaster;
- eviction of citizens from houses (premises) recognized in accordance with the established procedure as emergency or threatening to collapse;
- liquidation of a communal apartment in the manner and under the conditions established current legislation;
- By the tribunal's decision;
- in other cases established by the legislation of the Russian Federation and the Moscow Region.
The norm for the provision of living space under a social tenancy agreement is minimum size the area of the dwelling, on the basis of which the size of the total area of the dwelling provided under a social tenancy agreement is determined.
Under a social tenancy agreement certain categories citizens can be provided additional area in excess of the established rate of provision in the form of a separate room or in the amount of ten square meters. Citizens suffering from severe forms of certain chronic diseases, as well as citizens who need this area due to the conditions and nature of the work performed, the amount of additional living space can be increased.
The procedure and conditions for providing additional living space and the list of categories of citizens entitled to receive it are established by the legislation of the Russian Federation and the Moscow Region.
When determining the total area of a dwelling provided under a social tenancy agreement to a citizen who owns a dwelling, the total area of the dwelling owned by him shall be taken into account.
When providing a citizen with residential premises under a social tenancy agreement, actions and civil law transactions with residential premises are taken into account, the commission of which led to a decrease in the size of occupied residential premises or to their alienation. The specified transactions and actions are taken into account for the period established by the law of the constituent entity of the Russian Federation preceding the provision of housing to a citizen under a social tenancy agreement, but not less than five years.
Hello. My husband is an orphan. Me too. I don't stand in line I have a share with my grandmother. It has been on the waiting list for several years, it has been constantly pushed back. I also have land plot 5 acres outside the city, on it, even before marriage, we built a temporary hut, with the expectation to build a house in the future. We live there now. The trouble is that we fell for some dacha amnesty and made this house for me. Now he was removed from the queue, because. my wife (me) has a share in the village and this house. They said: since there is a roof over your head, it means you are not in need. And the prosecutor was of the same opinion. And they don't care that there are no conditions for permanent residence. But nothing is written on it? How to be? Should they be removed from the queue for this?
margarita
There's an answer
Responsible
Lawyer
Hello, in order to answer your question, you need to know who your husband was put in line as. As an orphan child in need of housing, or as a citizen in need of better living conditions. First, sue statement of claim ABOUT THE PROVISION OF YOUR RESIDENTIAL PREMISES under a social tenancy agreement. The responsible body will be local government.Your right to housing is enshrined in the following legal acts:
Subparagraph 2 of paragraph 2 of Article 57 of the Housing Code of the Russian Federation, according to which, OUT OF THE QUEUE, RESIDENTIAL PREMISES under social tenancy agreements ARE PROVIDED TO ORPHANS and children left without parental care, to persons from among orphans and children left without parental care, AT THE END OF THEM STAYS IN EDUCATIONAL AND OTHER INSTITUTIONS, including in social service institutions, in foster families, family-type orphanages, upon termination of guardianship (guardianship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions executing punishment in form of imprisonment.
Paragraph 2 of Clause 1 of Article 8 of the Federal Law of December 21, 1996 No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care”, according to which ORPHANS and children left without parental care, as well as children under guardianship (guardianship) WITHOUT AN APPOINTED LIVING ROOM, AFTER THE END OF STAY IN AN EDUCATIONAL INSTITUTION or a social service institution, as well as in institutions of all types of vocational education, or after the end of service in the Armed Forces of the Russian Federation, or after returning from institutions executing punishment in the form of deprivation of liberty ARE PROVIDED BY EXECUTIVE AUTHORITIES AT THE place of residence out of turn with living space not below the established social norms.
The preamble of Federal Law No. 159-FZ of December 21, 1996 “On Additional Guarantees for Social Support for Orphans and Children Left without Parental Care” states:
"Real the federal law defines general principles, maintenance and measures of social support for orphans and children left without parental care, as well as persons from among them UP TO 23 YEARS OF YEARS.
This means that the social support guaranteed to these persons, including extraordinary provision of living space, must be provided until orphans, children left without parental care, and persons from among them reach the above age.
However, social support in the form of extraordinary provision of living space will be implemented only after the provision of housing.
Therefore, REACHING THE AGE OF A PERSON THAT IS TWENTY-THREE YEARS OLD, WHO HAS BEEN REGISTERED (Registered) as needing housing before the specified age, CANNOT BE A BASIS FOR THE DEPRIATION OF HIS GUARANTEED AND UNREALIZED RIGHT TO AN EXTRAORDINARY PROVISION OF HOUSING, which was not received by him, and does not exempt the relevant authorities from duty to provide housing.
Therefore, the achievement by a person from among orphans and children left without parental care of the age of 23 years old, who is registered as in need of housing before the specified age, is not a basis for refusing to provide him with extraordinary housing under a social contract of employment. (Review judicial practice Supreme Court RF for the II quarter of 2006). In the second case, you need to collect documents so that you are put on the waiting list. Find out what is the norm of the area for registration. Rest on a small area and lack of amenities. If you do everything right, and they refuse you, take a written refusal and go to court.
Article 51
1. Citizens in need of residential premises provided under social rental agreements are recognized (hereinafter referred to as those in need of residential premises):
2) who are tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or members of the family of the owner of residential premises and secured with total area living quarters per family member less than the accounting rate;
3) living in premises that do not meet the requirements established for residential premises;
Article 52
1. Residential premises under social tenancy agreements are provided to citizens who are registered as in need of residential premises, except for the cases established by this Code.
3. Registration of citizens as those in need of residential premises is carried out by the local government body (hereinafter referred to as the body carrying out registration) on the basis of applications of these citizens (hereinafter referred to as applications for registration) submitted by them to the specified body at their place of residence . In cases and in the manner prescribed by law, citizens may apply for registration outside their place of residence. The registration of incompetent citizens is carried out on the basis of applications for registration filed by their legal representatives.
4. With applications for registration, documents must be submitted confirming the right of the relevant citizens to be registered as those in need of residential premises. A citizen who has submitted an application for registration is issued a receipt of receipt of these documents indicating their list and the date of their receipt by the body carrying out registration.
5. The decision on registration or refusal to register must be made based on the results of consideration of the application for registration and other submitted in accordance with part 4 this article documents by the body carrying out the registration, no later than thirty working days from the date of submission of these documents to this body.
6. The body carrying out registration, no later than three working days from the date of the decision on registration, issues or sends to the citizen who submitted the relevant application for registration, a document confirming the adoption of such a decision.
7. The procedure for keeping records of citizens by a local self-government body as those in need of residential premises is established by the law of the corresponding subject of the Russian Federation.
Article 54
3) The decision to refuse registration shall be issued or sent to the citizen who submitted the relevant application for registration no later than three working days from the date of such a decision and may be appealed by him in court.
Article 57
2) orphans and children left without parental care, persons from among orphans and children left without parental care, at the end of their stay in educational and other institutions, including social service institutions, in foster families, children's family-type homes, upon termination of guardianship (guardianship), as well as upon termination of service in the Armed Forces of the Russian Federation or upon return from institutions.