Legal grounds for refusal of official housing. Do I need to make repairs before renting a service apartment
Good afternoon! According to Article 99 Housing Code RF specialized premises (office premises is a subspecies specialized premises) is provided to those who are not provided with housing in this locality. You, based on what has been said, the distance between mortgage apartment and office large. Therefore, service housing is required in any case. Now, regarding the payment of subleased, if we take payments and corporate housing, then the main thing is corporate housing, but sublease is an additional measure. In the legislation, and more precisely in Decree of the Government of the Russian Federation of December 31, 2004 N 909 "On the procedure for paying monetary compensation for the hiring (sublease) of residential premises to military personnel - citizens Russian Federation passing military service under the contract, citizens of the Russian Federation, retired from military service, and members of their families" (with amendments and additions) and in the Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 "On the provision of housing to servicemen of the Armed Forces of the Russian Federation under the contract social recruitment and office living quarters" (as amended and supplemented) states that monetary compensation for the hiring (sublease) of residential premises is paid to servicemen of the Russian Federation who are doing military service under a contract and members of their families who are not provided with residential premises suitable for permanent or temporary residence, at the place of their military service at the expense of the Ministry of Defense of the Russian Federation in the amount specified in the rental (sublease) housing agreement, but not more than the amount determined by the Government of the Russian Federation. a subspecies of specialized premises) is provided to those who are not provided with housing in this locality. Based on the foregoing, the distance between the mortgage apartment and the service apartment is large. Therefore, service housing is required in any case. housing, then the main one is service housing, but rented - this is an additional measure. In the legislation, and more precisely in Decree of the Government of the Russian Federation of December 31, 2004 N 909 "On the procedure for paying monetary compensation for the hiring (sublease) of residential premises to military personnel - citizens of the Russian Federation undergoing military service under a contract, citizens of the Russian Federation dismissed from military service , and members of their families" (with amendments and additions) and in the Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 "On the provision of housing to servicemen of the Armed Forces of the Russian Federation under a social contract of employment and office premises" (with amendments and additions ) it is stated that monetary compensation for the rental (sub-rent) of residential premises is paid to military personnel of the Russian Federation who are serving under a contract and their family members who are not provided with residential premises suitable for permanent or temporary residence, at the place of their military service at the expense of the Ministry of Defense Russian Federation in the amounts stipulated by the lease agreement (sublease ma) housing, but not more than the size determined by the Government of the Russian Federation.
Thus, based on the meaning of the norm, the military must first not only get on the waiting list for service housing, but also so that there is no suitable housing in the military department. That's when the subrents are paid. If the reason for refusing official housing was that the official housing was issued at lower rates, then the sublease must pay. The refusal to pay compensation in such a case can be challenged. In addition, the refusal of a serviceman from an apartment offered to him by the state cannot be a reason for excluding those in need of housing from the queue. That is, if the state offers living space that does not meet any requirements, the officer can refuse it as many times as such living space is offered.
Only the refusal must be reasoned.
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How to give up corporate housing
How can an officer refuse official housing and receive sub-lease.
Hello, if you refuse office housing, then you will not have the right to count on monetary compensation for the sublease of residential premises.
How can I opt out of work housing? The commander wants to move everyone to VG, I live in the city closest to him, within the garrison, my wife has property, I don’t want to move to VG because there are no conditions for a normal life, 4 shops and that’s it, no doctors, no circles, nothing for leisure, the village, but everyone is forced to move, how to be in this situation?
Hello, you have the right to refuse service housing without giving any explanations, however, in this case, you will not be able to receive monetary compensation for sublease.
How can I rightly refuse service housing in favor of sublease, if I am offered an apartment with a much larger area for one person (instead of 1, 2-room) and plus everything, it is unsuitable for housing, there is no repair and there is mold on the walls.
Hello, dear visitor of the site, if you refuse official housing - for sub-rent, you will not receive anything. Good luck and all the best, with respect lawyer Ligostaeva A.V.
How to legally refuse service housing if it is far from the duty station. And live on in rented housing.
I will answer with a question: why refuse it? In Krasnodar, someone is superfluous square meters into a trap? It’s better to ask a different question: what to do with this housing if it’s inconvenient to live on your own ...
How can you refuse office apartment and not lose the right to pay subrent?
☼ Hello, If you have been provided with a service apartment, in this case there can be no sub-rental of housing. I wish you good luck and all the best!
How to justifiably refuse service housing does not suit the district. Gas turned off new building.
Do you think this is an unreasonable refusal? No infrastructure! I think this is a good reason, but if only the employer had more housing stock!
We want to give up corporate housing, what reason should we give so that everything is competent and legal?
Hello anyone. you have such a right, the main thing for the future is not to harm. Good luck.
what is it and indicate
What reasons for refusing official housing are considered reasonable.
Hello! Availability of residential premises in the area of deployment of the military unit GOOD LUCK TO YOU
What good reasons can a serviceman have to refuse official housing and receive compensation for raising housing?
Unsuitable for habitation. And only through the courts.
In your case, it is better to delay the paperwork, the apartment will be revoked. As one of the reasons for refusal, you can indicate that you are going to marry and your future spouse is pregnant with twins. Subsequently, you can say that the marriage did not take place, since it turned out that you were not the father.
How can I refuse official housing if it is 120 km from the service, but also the service and the service. Accommodation located in St. Petersburg?
Write to the landlord's address, indicated in the contract for the rental of office housing, an application for termination of the rental contract. If the contract was not concluded, but there is only a warrant, contact the landlord (the person who provided the housing) anyway with a statement that you left the service housing, thereby terminating the contract of employment. Everything is sent by registered mail with a list of attachments.
How to refuse office housing and get sublease?
Are you a soldier? You can refuse to conclude a contract for the rental of specialized residential premises (service apartments are drawn up in this way). In this case, you will not be excluded from the lists of those in need of housing (and this is important for receiving compensation for housing sublease). In practice, as a rule, they are moved to the end of the waiting list.
Under what article can one refuse official housing if the area does not correspond?
there is no such article refusal from a service apartment write a report addressed to the unit commander
I am a serviceman, I was offered service housing, I refused it, since the length of service was 20 calendar years and permanent housing was required. Until that time, I had never been provided with service housing. Due to the fact that I refused service housing, I was denied compensation for sub-rental housing. Is it legal?
Hello! No, sue
How to correctly refuse official housing, if all the standards of support are met. Rented housing closer to the place of work.
So what exactly is the difficulty?
How can you correctly refuse service housing without being removed from the queue. According to sanitary standards, most likely housing passes. This is my second refusal from service housing. In JOE, they are scared of being removed from the queue in judicial order. Thanks.
if there is no reason. that is, housing is suitable, I see no options. Only if it is not on the territory of the duty station and not in the nearest settlement
How can you refuse military mortgage and stay in office accommodation?
Within the framework of the law, without the consent of the command - no way.
Question:
Hello! I am an ensign. I am 48 years old. The length of service is 13 years. I do not own housing, I am registered with the unit. I live in my brother's apartment. The Housing Commission recognized me as needing housing under a social lease agreement, Ryazan chose Ryazan as a place to live.
They cannot provide social housing here, since it is not available in this city (they say - "wait"). I was offered to write a report on the service housing, I wrote. Haven't moved into office space yet. The contract expires in 2 weeks. They want to fire me with the provision of corporate housing, so that at the same time I continue to wait for social housing in Kaluga. Due to the fact that, having received official housing, I can wait and not wait for socially hired housing (like "provided with housing"), questions arose. Can I submit another report now on the refusal of official housing (if so, how to do this and what to refer to)? Are they obligated to grant my request? Can I be fired without permanent housing if I refuse to work?
Vladimir, Yasny
Answer:
Vladimir, hello. In accordance with paragraph 5 of the "Instruction on the provision of military servicemen - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, with service living quarters", approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) " On the provision of living quarters to servicemen of the Armed Forces of the Russian Federation under a social tenancy agreement and service living quarters", if the serviceman does not agree with the living quarters provided, he sends to structural subdivision of the authorized body, the refusal to provide official living quarters, drawn up in spine No. 2 to the notice of the proposed living quarters, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.
In case of failure to receive from the military personnel to whom notifications about the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, these service premises are provided to other military personnel included in the list for provision office living quarters.
According to paragraph 1 of Art. 23 federal law dated 05/27/1998 No. 76-FZ (as amended on 02/03/2014, amended on 06/04/2014) "On the status of military personnel", military personnel are citizens whose total duration of military service is 10 years or more, in need of improved living conditions according to the norms established by federal laws and other regulatory legal acts The Russian Federation, without their consent, cannot be dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing activities without providing them with living quarters or housing subsidy. If the said servicemen wish to receive living quarters not at the place of dismissal from military service, they are provided with living quarters at the chosen place of permanent residence in the manner provided for in paragraph 14 of Art. 15 of this Federal Law.
Vladimir, you have the right to refuse to provide office accommodation. This refusal will not serve as a basis for dismissing you from military service.
Alexander Tomenko, military lawyer
Good evening!
The provision of housing to military personnel is regulated by Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280 (as amended on March 21, 2013) “On the provision of housing to military personnel of the Armed Forces of the Russian Federation under a social contract of employment and service residential premises” (together with the “Instruction on the provision of military personnel - citizens of the Russian Federation doing military service under a contract in the Armed Forces of the Russian Federation, living quarters under a social contract of employment", "Instruction on the provision of military personnel - citizens of the Russian Federation doing military service under a contract in the Armed Forces of the Russian Federation, service living quarters") ( Registered in the Ministry of Justice of Russia on October 27, 2010 N 18841).
According to this document, housing is distributed in order of priority to those in need of better housing conditions.
I do not see any restriction on the distance from the duty station either in this document or in any other. It appears that the rationale for the refusal was far-fetched.11. Residential premises provided under a social tenancy agreement (hereinafter referred to as residential premises) are distributed by the authorized body military personnel registered as those in need of residential premises, in turn, which is determined by the date of registration of military personnel in need of residential premises, if the indicated dates coincide, the order is determined taking into account the total duration of military service on the date of registration of those in need of residential premises.
12. Not later than ten working days from the date of receipt by the authorized body of information about residential premises that can be distributed, the authorized body delivers, against receipt or in another way, indicating the fact and date of its receipt, to the military personnel registered in need of residential premises, notices on the distribution of residential premises according to the recommended model (Appendix N 6 to this Instruction).
13. Military personnel registered in need of residential premises, after receiving the notices specified in paragraph 12 of this Instruction, with their consent with the provision of distributed residential premises within five days from the date of receipt of the notice, send to the authorized body consent to the provision of distributed living quarters, drawn up in spine N 1 to the notice of the distribution of living quarters according to the recommended sample in accordance with Appendix N 6 to these Instructions and within thirty days from the date of receipt of the notice send the information specified in subparagraph "i" of paragraph 1 of this Instruction as of the date of issuance of the notice, as well as copies of documents proving the identity of military personnel and members of their families cohabiting with them (passports with data on registration at the place of residence, birth certificates of persons who do not have passports). If military personnel and members of their families changed their place of residence within five years prior to the date of issue of the notice, extracts from house books and copies of financial personal accounts from these places of residence are provided to the authorized body.
14. Residential premises are provided in accordance with the standards established by Article 15.1 of the Federal Law of May 27, 1998 N 76-ФЗ “On the Status of Military Personnel”. total area living quarters is reduced by the amount of the total area of living quarters owned by military personnel and (or) members of their families on the right of ownership.
The state pays great attention to providing military personnel with the necessary housing. Based current legislation every soldier must be provided in cash for the acquisition or construction of his own living space, or he must be provided with living space.
Of course, every person dreams of their own apartment, and at first glance it seems that there are no people who want to refuse the housing provided. Nevertheless, in practice, it is far from uncommon when a person doing military service under a contract, or a professional military man, refuses the allocated living space.
In this material, we will talk about why it is not always profitable to receive housing from the state, and how to properly issue a corresponding refusal.
Introduction to the topic
The first part of Federal Law No. 76 of May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for hiring, while the living space provided by the state must meet the requirements prescribed in another article legislative act- article 15.1. According to its text, a serviceman must be provided with housing with an area of at least 18 m², at the same time, exactly the same area relies on each member of the military family with whom he lives together.
The same article talks about the procedure for actions in cases where the state cannot provide a serviceman with housing that is due to him. In such situations it is possible:
- provision of a smaller living space;
- provision of housing from the maneuvering fund of the RF Ministry of Defense;
- provision of housing in a hostel.
Along with this, the implementation of these options requires the written consent of the serviceman. Housing in such cases is allocated temporarily - until an apartment with the appropriate area is found. If he refuses all possible ways solve the problem, the state undertakes to rent suitable housing for him or pay monetary compensation. The soldier receives it along with the monthly allowance.
How to file a waiver
It is worth noting that if a soldier is provided with any housing, he has the right to refuse it, however, there must be appropriate grounds for this.
In order to correctly issue a waiver of housing, you must refer to one of the following provisions:
- the area of housing provided is less than that required by law (FZ No. 76 of 05/27/98);
- living space does not meet the sanitary and epidemiological requirements that apply to all living quarters. This includes defects in finishes, the presence of fungi, lack of furniture, sanitary facilities, etc.
- new living conditions worse than before. Federal Law No. 76 of May 27, 1998 prohibits worsening the living conditions of military personnel.
Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is considered not convincing, you may even be excluded from the queue for an apartment. Not only does this mean that you cannot claim future living space, but it also means that you have no basis for receiving cash compensation for rent.
When Can You Benefit From Service Housing?
There are plenty of situations where giving up corporate housing can be much more beneficial. To begin with, it is worth immediately highlighting all cases when the proposed housing simply does not correspond to its status: there are obvious defects, the housing does not meet sanitary conditions. Apartments in emergency and dilapidated houses are also sufficient reason to think about refusal.
If the housing offered is less than what you are entitled to under the law, it is also advantageous in many cases to refuse to receive it in favor of the compensation paid. Often there are situations when a serviceman rents an apartment at the expense of sublease money paid to him, while the proposed apartment can be much smaller, or geographically located in an inconvenient place. In such cases, it is also beneficial for the serviceman to refuse to receive it.
In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the soldier gets the opportunity to accumulate finances or use them for their own needs. In such cases, it may seem to many that it is more beneficial to keep the compensation for hiring. Nevertheless, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still a good reason.
Registration procedure
The refusal must be processed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate subdivision of the authorized body. It is issued on form No. 2, which is always attached to the message on the proposed living space. The application form can be free, but it is recommended to use form No. 4, attached to the special instruction of the Ministry of Defense of the Russian Federation. According to her, the message should indicate the following:
- The current date;
- the text “I refuse to provide the accommodation indicated in this message”;
- below it is recommended to indicate the reasons for refusal;
- signature and its transcript.
If within 10 days the serviceman has not sent a refusal or consent to the housing provided to the appropriate subdivision of the authorized body, the living space will be provided to other citizens who are in line for receiving a service apartment, while the serviceman himself will subsequently lose the right to claim housing. At the same time, he will also lose the right to receive monetary compensation for rental housing, which is why, if you do not agree with the housing received, you must write a written refusal.
Important Points
It is also worth mentioning some important points.
- in the event that you have decided to refuse the provided apartment, you can be transferred back one by one and wait for the next offer indefinitely;
- the service apartment cannot be privatized in the future. This is a significant argument for many military personnel in favor of renting housing at the expense of monetary compensation;
- a service apartment is provided only to military personnel who do not have any other housing in the region in which they perform military service.
Thus, every soldier has the right, and to apply for living space, and to refuse it in the event that he provides strong arguments in favor of its inconsistency with the current legislation.