Free apartment not in a dream, but in reality: social housing from the state. Apartment from the state
A social tenancy agreement for a dwelling is a document that gives the right to use state or municipal property of a dwelling. The Housing Code regulates the rights of both the tenant and the landlord who signed such an act.
How to get a social employment contract and for how long is it valid? Who can qualify for government assistance and who should you contact? These are frequently asked questions of people who do not have the opportunity to independently purchase or rent a living space for living. Low-income families with minimum income and without a place of residence, it is necessary to familiarize oneself with the possibilities of social assistance.
Housing in social rent
An apartment under a social rental agreement is an opportunity to purchase living space for your own use on preferential terms. The rules and procedure for the transfer of such property are regulated by the law of the Russian Federation, chapters seven and eight of the Housing Code.
Federal and local laws determine the citizens who have the right to purchase such housing. Receiving public housing takes place on a first come, first served basis. To do this, you need to submit documents and register.
The social rental agreement for residential premises provides that after its conclusion it is possible to privatize an apartment on general grounds... This gives the tenant the opportunity to rent, donate, sell or exchange an apartment or house.
Who has privileges for social living space
Those who need an apartment have the opportunity to get public housing. Basic conditions for receiving assistance from the state:
- family members have not previously entered into a social employment agreement;
- if citizens or they have living space less than the established norm;
- if citizens live in an apartment that does not meet the necessary requirements.
- children who are left without parents;
- seriously ill people with a chronic form of the disease;
- people who live in areas unsuitable for life.
Rights to receive an apartment from state fund have people of a special category, who are determined by special federal laws. These include:
- people with the first and second groups of disabilities;
- victims of the accident at the Chernobyl nuclear power plant;
- veterans of the Great Patriotic War;
- citizens who have lost their living space during a catastrophe or natural disaster;
- servicemen who were seriously injured in the service.
Social Employment Agreement: How to Get and Where to Apply
A contract is signed on the basis of the decision to transfer the residential space to public lease. You can sign and receive it from government agencies or from the municipality. It all depends on who provides social assistance. Such an agreement includes:
- accurate data of the landlord and data of the tenant;
- data of the transaction object;
- a complete list of tenants who will live;
- the rights and obligations of the parties to the transaction;
- the terms of termination of the contract are spelled out;
- signatures of both parties.
To conclude a contract, citizens need to submit a certain package of documents. Required list of documents:
- Copies of documents of the whole family: birth certificates, passports, marriage certificates and so on.
- A certificate that confirms the permission to issue an apartment.
- If citizens live in an emergency room, then an act of demolition of the building or its transfer to
- Help from the house book at the place of registration of all family members.
- Bank statement on financial condition.
- An extract that confirms the absence of residential property.
After providing the required package of documents, a receipt will be issued and a date will be set for concluding the contract.
Features of the contract and types of living space
Living quarters provided under social tenancy agreements cannot be shared rooms or non-isolated living quarters. Living space includes:
- House or half of the house.
- Apartment or half of an apartment.
- A room in an apartment or house.
According to the lease document, the living space is transferred from the owner to another person for temporary use for an agreed payment. There are two parties involved in the deal:
- The landlord is the owner of the home. If this is a public living space, then the owner is the municipal housing or state fund.
- The employer is individual, who will live in an apartment or house and make a certain payment for it.
The object of the transaction must be specified in the social employment contract. The agreement must state:
- complete data of living space for social rent;
- the exact address, square area and floor;
- an accurate description of the room itself and the objects that are in it.
Termination of the transaction
The term of the social employment contract is not established and is indefinite in accordance with article sixtieth of the Housing Code of Russia. But there are situations when the lease contract is terminated for legal grounds... A resident who rented a dwelling can terminate the transaction at any time and move to another place of residence. The owner can terminate the contract, guided by the circumstances:
- If a resident uses the rental space for other purposes.
- If there is a violation of the rules of residence and a violation of the peace of the surrounding residents.
- The social tenancy agreement (under the Housing Code) provides for termination if the tenant fails to pay the rent within six months.
- Not paid utilities for six months or more.
- Termination of the contract also occurs in the event of the death of the tenant or if the living space becomes emergency for living.
Dimensions of living space for low-income people
The size of the living space is determined in accordance with article fiftieth (parts one and two) of the Housing Code. The norms of social living space are established by local self-government bodies. Each tenant is provided with a living space with an appropriate area in accordance with the law. The size of the area depends on the number of people living:
- 33 square meters are provided for one resident;
- for two residents - 42 square meters;
- for three residents and more is provided for 18 square meters for each resident.
The square footage of the premises can be reduced by ten percent if the necessary living space is not available.
Required payments
How to get a social employment contract and how much do you have to pay monthly? General rules exist for all tenants if the living space is in commercial rent, social rent or free use. Residents must pay utility bills on time, make payments for maintenance or repairs.
Commercial rent does not have preferential discounts on utility bills, and housing rent is much higher than social rent. If a contract for free use was signed, then during the payment of utilities, employers can take advantage of discounts and benefits. Residents do not pay for the dwelling itself. Rent under a social rental agreement provides for benefits and discounts on utilities and housing.
The rights and obligations of the employer
Responsibilities and rights under a social employment contract are spelled out for both parties. Article sixty-seven regulates the rights and obligations for the tenant. Obligations of the employer:
- Use the living space exclusively for its intended purpose.
- Keep the premises and property in it safe and sound.
- Maintain the apartment in proper condition.
- Carry out repair work if necessary.
- Pay on time and in full money for rental housing.
Tenant rights:
- Rent out.
- Bringing persons not specified in the contract into the apartment.
- Require the landlord to fulfill the terms of the contract.
- Allow other persons to live temporarily.
- Make an exchange of housing.
Landlord's rights and obligations
Article sixty-fifth of the RF LC regulates the rights and obligations of the owner. Responsibilities:
- Provide the tenant with free space.
- Provide high quality utilities.
- Make repairs if necessary.
- Participate in life at home.
Property owner rights:
- Receive payment for the dwelling in a timely manner.
- Demand payment of utilities.
- Demand compensation for damage to property or premises.
Under a social hiring deal, additional rights and obligations can be specified for two parties.
Steps to take to get an apartment
How to get housing? There is a special algorithm of actions that you need to go through in order to get housing under a social contract. Sequencing:
- For a resident in need, register for housing.
- Obtaining a written decision on the provision of an apartment.
- Collecting the required package of documents.
- Move into an apartment on the basis of a contract.
By law, such housing is provided to a resident in the same area in which he has a residence permit.
Social Hiring Agreement: How to Get Social Housing in Moscow
The contract is the main document for renting a living space. An order is a document that only establishes the privileges for use. An order without a contract does not confirm the legal ownership of the social premises.
Moscow department housing stock and the politician exercises the powers of the lessor (only in Moscow). Since 1999, they have been signing a social contract with Muscovites. Without the signing of such a document, Muscovites will have problems with housing and operational control and with others government bodies... Without this document, the resident will not be considered a legal employer.
In accordance with the law, the Moscow department must provide citizens who have warrants or other acts of use with the registration and conclusion of a social housing transaction on behalf of the city of Moscow.
Eviction of residents from social rental apartments
To evict a tenant from a social apartment, you need to go to court. Check-out options:
- Replacement of living quarters with more comfortable living conditions. This situation arises if the house is subject to demolition, if it is necessary to transfer the residential premises to non-residential premises, or if the house requires complete reconstruction. In addition, if the dwelling is required by law to be given to a religious organization.
- Relocation to a hostel if the size of the premises meets the requirements of the law.
- Eviction without housing. Such a situation may occur if the resident and his family use the apartment or house for other purposes, violating legal rights neighbors. Without providing other housing, parents who have lost their parental rights can be evicted.
There are no other options for eviction.
Every low-income family can benefit from social hiring to improve housing conditions... This opportunity is provided by the state if the family falls under certain criteria.
For how long in this case housing is provided and what operations can subsequently be performed with it, we will consider below.
How to get housing under a social tenancy agreement
A social tenancy agreement is drawn up between a home owner and a tenant. The state acts as the owner, and the employer can be any person who needs to improve living conditions and is recognized as poor. The criteria for recognizing a family as poor are established by local authorities, based on the standard of living in the region.
So, who is provided with social rent housing?
- Citizens who do not own any housing.
- Families with their own living space less than the social norm.
- Living in housing that does not meet the established standards of living, and is recognized as dilapidated or dilapidated.
- Living together with a disabled person suffering from a severe form of chronic disease, included in the list of government decree No. 817 of December 21, 2004.
After providing the apartment for social rent, it can be privatized.
The above citizens can be queued for receiving social housing for rent. Read about how the conclusion of a social rental agreement for residential premises is carried out in order to be aware of the peculiarities of the design of this document.
Procedure and Norm for Provision of Social Housing Housing
The Department of the Housing Fund deals with the provision of residential premises under a social rent agreement. Upon submission of an application with attached supporting documents on the relationship of living people, as well as supporting documentation on the right to move into the existing housing, a verification of the information provided will be carried out.
After verification, a social loan agreement is drawn up and registered. By signing the contract, a person gets the right to move in with accommodation in the specified residential area for an indefinite period.
Housing under a social tenancy agreement is provided in accordance with the standards for footage set on legislative level. Social norm housing per person.
For the Moscow region, the norm of provided social housing for rent is 18 sq. meters per resident.
In other cities, it may differ slightly, as it is regulated by local authorities in terms of the level of housing provision for the population.
Special requirements for living quarters
Housing acquired through social rental is urban property and cannot be donated, sold or inherited. It is provided for minimum fee, which is established by the city authorities. In addition to paying for housing, the tenant of social housing pays for utilities.
A tenant with children can register them in the accommodation they live. we have already told. Registration of distant relatives requires the consent of the city authorities. Also, this housing can be privatized if the right free privatization by a citizen has not been previously used. we have already illuminated the apartments.
The death of the employer does not terminate the social lease agreement if the members of his family are included in the agreement. Subsequently, they are subject to all the rights specified in the contract of employment. If you are interested in the terms of termination of a social employment contract.
Provision of residential premises for social rent out of turn
- Living in an uninhabitable room, which is not subject to overhaul.
- Children without parents, and recognized as orphans.
- People with a chronic illness, proceeding in a severe form.
- Citizens released from prison, and convicted illegally.
Persons belonging to the extraordinary should be provided with social housing immediately, after recognizing their extraordinary status and submitting an appropriate application.
Out-of-order means that there are no separate out-of-order queues.
Some regional authorities are expanding the list of extraordinary persons, adding at their discretion:
- WWII veterans;
- large families with three or more minor children.
The social employment contract for these citizens is somewhat different from the usual one and depends on the area of residence. Number of children in a large family for social housing, depending on the region, there may be not three, but four or five.
The Housing Department is responsible for the provision of social housing.
Resettlement from dilapidated housing
Relocation from an emergency dwelling on the basis of a social rent agreement is carried out into comfortable housing in relation to the conditions of a particular settlement. The area of the housing provided must correspond to the area of the apartment or house you are leaving. The number of rooms in the proposed apartment should be equal to the dwelling to be settled. The location of the social living space is assumed in the same settlement as the dilapidated one.
One of the ways to ensure the constitutional right to housing is the provision by the state of low-income citizens in need of housing, housing for free or for an affordable fee (). Such citizens can count on receiving housing from the municipal housing stock under social tenancy agreements (). Of course, not every person who considers himself poor and in need of housing is such by law. In addition, even if, at first glance, all the conditions stipulated by law are observed, a citizen may be denied housing under a social rental agreement.
The Armed Forces of the Russian Federation, having analyzed the judicial practice for 2013-2014 in cases related to the removal of low-income citizens from the register as those in need of housing, which is provided under social employment contracts, found that sometimes the authorities local government make appropriate decisions on grounds not provided for by law ().
Let us consider in which cases citizens unconditionally lose the right to receive housing under a social rental agreement, and when it is possible and necessary to fight for it.
Conditions for the provision of residential premises under social tenancy agreements
One of the main conditions for obtaining housing under a social tenancy agreement is the recognition of a citizen as poor. This status is assigned to him by the decision of the local government, which is made taking into account the income of each family member of this citizen and the value of the property that is in their ownership and subject to taxation (). In addition, in order to obtain housing under a social tenancy agreement, a citizen must be registered as a person in need of housing ().
Acquainted with judgments in disputes related to the provision of housing under social tenancy agreements, the recognition of citizens in need of residential premises or deregistration, you can Encyclopedias judicial practice
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The registration procedure for citizens in need of housing is determined by each constituent entity of the Russian Federation independently (). Also, at the regional level, rules should be established for determining the income and value of property of citizens applying for the status of poor (,). And the direct accounting and determination of these indicators refers to the powers of local governments ().
Those in need of residential premises provided under social tenancy agreements can be recognized, in particular, citizens who do not own housing, do not hire it under a social tenancy agreement or a residential tenancy agreement of a housing stock of social use of housing, and members of their families ( ). Another category of those in need of housing is the owners and tenants of residential premises and members of their families, if the area of these premises, which is for each family member, is less accounting rate(). The accounting norm is established by local governments (), but, as a rule, in practice, its indicator is transferred to the acts of municipalities from regional laws on the procedure for registering citizens in need of housing. In Moscow, this rate is 10 square meters. m per person, in St. Petersburg - 9 sq. m, in Yaroslavl - 12 sq. m. Removal of citizens from the register as those in need of residential premises occurs either when they receive housing under social rental contracts, or when the grounds for removing them from the register are revealed (). At the same time, decisions of local governments on deregistration can be appealed in court.
Grounds for deregistration of citizens as needing residential premises
Housing Code RF provides six grounds for the removal of citizens from the register as needing residential premises ():
- filing an application for deregistration;
- loss of grounds giving the right to receive housing under a social tenancy agreement (loss of the status of poor or in need of housing);
- departure to the place of residence in another municipality, except for cases of change of place of residence within Moscow, St. Petersburg and Sevastopol;
- receiving budget funds for the purchase or construction of residential premises;
- granting land plot for the construction of a residential building. However, citizens with three or more children cannot be removed from the register on this basis;
- identification in the documents submitted to the local self-government body of information that does not correspond to reality and served as the basis for the registration of a citizen, as well as the identification of illegal actions of officials of this body when deciding on his registration.
As established by the RF Armed Forces, the most common reason for deregistration is the loss of grounds giving the right to receive housing under a social tenancy agreement. This happens when a citizen ceases to be poor, for example, due to an increase in income, or loses the status of needing housing - as a result, for example, of an increase in the size total area living quarters belonging to each family member (if one of the family members inherited another housing or moved, or in the event of the death of a family member).
It is important that if for the emergence of the right to receive housing under a social rental agreement a citizen must be both poor and in need of housing, then the loss of at least one of these statuses is sufficient to deregister. Thus, the district court agreed with the decision of the village council administration to deregister in April 2014 citizen L. and her daughter, registered in December 2011, due to a change in their income. Despite the fact that the living conditions of L. and her daughter during the specified period did not change, during the trial it was revealed that as of 2013 their incomes exceeded those established in the corresponding municipality the minimum level at which citizens are recognized as poor for the purpose of providing housing under social rental contracts. The appellate court upheld the decision of the district court (based on the case-law of the Nizhny Novgorod Regional Court).
It should also be remembered that the status of the poor and in need of housing must be formalized in the form of an appropriate decision of the local government. Moreover, the latter, when making such a decision, should pay attention not only to the provisions, but also to the legislation of a particular region, which determines the procedure for keeping records of citizens as those in need of residential premises provided under social employment contracts, the RF Armed Forces emphasized. So, for example, it has been established that one of the mandatory documents required for the registration of citizens as those in need of residential premises is the decision of a local government body to recognize a citizen as poor, taken only at his request. It is the fact that citizen Sh. Did not apply to the local government with an application for recognizing him as poor and the decision on this issue was not taken by the authorized body, respectively, that the court recognized his registration as erroneous, and his removal from the register as legal. As a result, the claim of citizen Sh. To reinstate him on the register was denied (based on the case-law of the Sakhalin Regional Court).
Grounds for Cancellation of Decisions of Local Self-Government Bodies to Deregister Citizens
Despite the fact that the list of grounds for removing citizens from the register, enshrined in, is closed, when establishing these grounds in practice, a number of problems arise, which drew the attention of the RF Armed Forces. For example, sometimes local self-government bodies interpret the provisions of this article broadly. Thus, citizen K. was removed from the register after she was provided with a land plot for keeping a personal subsidiary plots... The law provides for the removal of a citizen from the register in connection with the provision of a plot, but only in the case when it is provided for the construction of a residential building. However, in K.'s case there was no construction - the relevant lease agreement for the plot did not provide for the right to build any objects on it. Therefore, the court, which considered the prosecutor's application in defense of K.'s housing rights, ruled that the decision of the administration of the rural settlement to deregister K. was unlawful (based on the court practice of the Tomsk Regional Court).
Citizens who have acquired or received ownership of residential premises, if they are unsuitable for living, cannot be deregistered either. So, by a court decision, citizen T. was restored to the register as a person in need of housing, the reason for which he was deregistered was his inheritance of half of his mother's house, which was recognized as unfit for living (based on the materials of judicial practice The Supreme Court Republic of Mari El).
Another case when a citizen cannot be removed from the register is when the municipality changes the registration rate for the area of housing after citizens have been registered. The court came to this conclusion, considering the claim of citizen Sh. Initially, she was registered as in need of housing due to the fact that the provision of her family members with a total living space was less than the accounting norm, which at that time was 15 sq. m per person. And the area of the apartment in which Sh. Lived with her son and mother was 37.3 square meters. m. (that is, each family member had less than 12.4 sq. m.) Subsequently, the administration of the corresponding urban district reduced the registration rate to 10 sq. m. m of total area per person. Almost a year and a half after that, members of Sh .'s family were removed from the register due to the fact that the area of housing for each of them exceeded the registration norm. Citizens really cannot be registered if they are provided with housing in excess of the registration rate. But in the case under consideration, there was no excess of the accounting norm at the time of the decision on the recognition of Sh. And her family in need of living quarters. Considering this case, the court emphasized that from the date of registration and until the decision to remove from him there was no improvement in the living conditions of the family of Sh. regional court).
An interesting clarification concerns those citizens who were registered in order to subsequently provide them with residential premises under social tenancy agreements before the start of action, that is, before March 1, 2005. For them, the same grounds for deregistration are provided as for those who were registered after that date, with one exception (part 2 of article 6 Federal law dated December 29, 2004 No. 189-FZ ""). These citizens cannot be removed from the register for the reason that they are not poor. The RF Armed Forces explains this conclusion by the fact that the norms in force before March 1, 2005 did not provide for such a condition for registration - it was enough to recognize a citizen in need of housing.
ZhK RF Article 57. Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises
1. Residential premises are provided to citizens registered as needing residential premises, in order of priority based on the time of registration of such citizens, with the exception of those established by part 2 of this article cases.
2. Out of turn, residential premises under social tenancy agreements are provided:
1) citizens whose living quarters are recognized as unfit for habitation in the prescribed manner and are not subject to repair or reconstruction;
3. Citizens registered as needing residential premises shall be provided with residential premises under social tenancy agreements on the basis of decisions of the local government. Decisions on the provision of residential premises under social tenancy agreements are issued or sent to citizens in respect of whom these decisions have been made, no later than three working days from the date of these decisions.
4. The decision on the provision of residential premises under a social tenancy agreement, made in compliance with the requirements of this Code, is the basis for concluding the relevant social tenancy agreement within the time period established by this decision.
5. Under a social lease agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the corresponding settlement) with a total area for one person not less than the provision rate.
(see text in previous edition)
6. Rooms under social rental contracts may be provided only in the case provided for by part 4 of Article 59 of this Code.
7. When determining the total area of a dwelling space provided under a social lease agreement to a citizen who owns a dwelling space, the area of the dwelling space that he owns shall be taken into account.
8. When providing a citizen with a dwelling under a social lease agreement, actions and civil transactions with dwellings shall be taken into account, the commission of which has led to a decrease in the size of occupied dwellings or to their alienation. The specified transactions and actions are accounted for by the subject established by law Russian Federation the period preceding the provision of housing to a citizen under a social tenancy agreement, but not less than five years.
9. The procedure for determining the total area of the provided residential premises in the cases specified in part 8 of this article is established by the legislation of the constituent entities of the Russian Federation.
Russian citizens whose income is lower living wage in a particular region, are endowed with the constitutional right to receive free or subsidized housing from the state.
Conditions for the allocation of free apartments by the state
What are the conditions for the allocation of free housing in 2019
Answering the question of how to get municipal housing, it is worth considering the key conditions for allocation free houses and apartments.
The Housing Code of the Russian Federation considers the provision of low-income needy citizens in order of priority, taking into account the following criteria:
- The financial situation of applicants for housing (the assessment is based on the family's income, after which it is determined whether it will be able to purchase a home in the next 20 years).
- Not participating in privatization programs (such citizens already own real estate on the terms of social employment).
Required documents
In order to join the queue for receiving housing from the state, it is necessary to submit a package of certificates prepared in advance to the municipality.
It consists of the following documents:
- Applications from all legally capable family members;
- Copies of passports, birth certificates, SNILS, as well as a marriage document;
- Documents containing information about income (2-personal income tax or 3-personal income tax);
- A copy of the certificate confirming that the applicants have taxable property;
- Apartment plan drawn up by BTI;
- A note from the house book and personal account;
- Certificate that the person (family) has been living in the settlement for at least 10 years;
Receiving an apartment from the state in the Russian Federation may require submission of other additional documents to grant the right to receive a living space. At the same time, when transferring them to the commission, it is important to ask for a receipt from the receiving person.
The documents submitted by the applicant are studied in detail for 30 days, after which the applicant receives a positive decision or refusal (in writing) to assign the status of a comfortable living space in need.
The applicant can challenge the negative answer of the housing department of the municipality in court.
What size of living space can the state provide?
Russian housing legislation clearly establishes which residential premises can be allocated to citizens in need under an agreement on social recruitment:
- 15 to 18 sq. meters per person;
- Least, studio apartment or a dorm room.
In addition to meeting the standards for the number of square meters of living space, other requirements are put forward for houses and apartments provided by the state:
- The living area must meet the criteria for a comfortable dwelling (provided with communications and social infrastructure).
- The structure must take place within the boundaries of the settlement.
- The house should provide conditions for citizens with disabilities (ramps, etc.).
When housing may be refused
A citizen has applied for free housing from the state, but he may be denied the allocation of an apartment if he deliberately worsened his living conditions:
- Exchanged a comfortable house for a dilapidated or emergency housing with a surcharge;
- Sold or issued a deed of gift for a completely habitable dwelling;
- Deliberately worsened the condition of the place of residence (permission or damage occurred through his fault);
- Introduced and registered third parties in the house (except for spouses, children, parents).
What does the social employment contract provide?
Obtaining free housing from the state provides for the registration of a social tenancy agreement, which prescribes such aspects as:
- Owner's legal right to reside within the allocated living space;
- The need to pay utility bills for the provided amenities (water, gas, heating, etc.);
- Monthly payment for an apartment received on a social rental basis;
- The right to a residence permit for relatives and other persons.
What prohibitions apply to public housing
Having decided on how to get housing from the state, you should clearly understand what actions with municipal living space can be recognized as illegal.
- The owner has no right to sell, exchange, donate the allocated municipal apartment.
- The possibility of renting out free apartments is excluded.
- Although the owner of a dwelling has the right to register other persons in it, he cannot bequeath it to his heirs.
Such restrictions on municipal housing are quite justified: the ownership of it remains with the state, therefore, the owner cannot determine its legal fate.
If a citizen disregards the rules and carries out an illegal transaction with an apartment that is socially rented, then such actions will not only entail the confiscation of the living space, but may even become the basis for criminal liability.
The main options for obtaining apartments from the state
Many Russian citizens are thinking about whether it is possible to get an apartment for free. Therefore, it is important to consider options for allocating a comfortable living space.
This option can be counted on:
- Complete and incomplete young families with and without children, having the status of poor and in need of housing (the age of the spouses is up to 35 years);
- Military personnel;
- Persons who currently live in communal apartments;
- Workers of the Baikonur cosmodrome;
- Participants in the elimination of the consequences of radioactive disasters;
- People with disabilities and pensioners (primarily those who lived and worked in the Far North);
- Large families;
- Persons who moved from other countries due to political, national and religious persecution.
If a citizen participates in one state program for obtaining free apartment, then he cannot apply to other housing programs. If a soldier participates in the NIS, then he is not entitled to receive an apartment under the programs for the needy).
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How to get an apartment from the state
18 February 2017, 00:10 Mar 3, 2019 13:50