Legal grounds for refusal of official housing. Do I need to make repairs before renting an office apartment
Good afternoon! According to Article 99 of the Housing Code of the Russian Federation, a specialized building (an office building is a subspecies of specialized premises) is provided to those who are not provided with housing in this locality. Based on the foregoing, you have a large distance between the mortgage apartment and the service one. Consequently, official housing is laid down in any case. Now, regarding the payment of rentals, if we take payments and official housing, then the main thing is official housing, but the rented ones are an additional measure. In the legislation, and more precisely in the Decree of the Government of the Russian Federation of December 31, 2004 N 909 "On the procedure for the payment of monetary compensation for the rental (lease) of living quarters for military personnel - citizens of the Russian Federation who are performing military service under a contract, citizens of the Russian Federation who have been dismissed from military service and to 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 residential premises for servicemen of the Armed Forces of the Russian Federation under a social employment contract and service veins x premises "(with amendments and additions) it is indicated that monetary compensation for the rental (lease) of residential premises is paid to servicemen of the Russian Federation who are under military service on a contract basis and are not provided with living quarters suitable for permanent or temporary residence at the place their military service at the expense of the Ministry of Defense of the Russian Federation in the amounts stipulated by the rental agreement (sub-tenancy) of housing, but not more than the sizes determined by the Government of the Russian Federation. Good afternoon! According to Article 99 of the Housing Code of the Russian Federation, a specialized building (an office building is a subspecies of specialized premises) is provided to those who are not provided with housing in this locality. Based on the foregoing, you have a large distance between the mortgage apartment and the service one. Consequently, official housing is laid down in any case. Now, regarding the payment of rentals, if we take payments and official housing, then the main thing is official housing, but the rented ones are an additional measure. In the legislation, and more precisely in the Decree of the Government of the Russian Federation of December 31, 2004 N 909 "On the procedure for the payment of monetary compensation for the rental (lease) of living quarters for military personnel - citizens of the Russian Federation who are performing military service under a contract, citizens of the Russian Federation who have been dismissed from military service , and to 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 residential premises for servicemen of the Armed Forces of the Russian Federation under a social tenancy agreement and office premises" (with amendments and additions), it is indicated that monetary compensation for the rental (lease) of premises is paid to servicemen of the Russian Federation undergoing military service under the contract and members of their families not provided with housing 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 of In accordance with the agreement stipulated by the rental agreement (sub-rent) of 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 first needs to not only line up for official housing, but also to avoid suitable housing in the military department. It is then that paid salaries are paid. If the reason for refusing office housing was that office housing was issued at lower rates, then renters must pay. The refusal to pay compensation in this case can be disputed. In addition, a soldier’s refusal from an apartment offered to him by the state cannot be an excuse for excluding people in need of housing from the queue. That is, if the state offers a living space that does not meet any requirements, an officer can refuse it as many times as such housing will be offered.
Only refusal should be reasoned.
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How to refuse from official housing
How can an officer give up office housing and get after a rent.
Hello, if you refuse from official housing, then you will not have the right to count on monetary compensation for the rent of the living quarters.
How do I opt out of official housing? The commander wants to relocate 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 everything, neither doctors, nor circles for leisure, the village, but everyone is forced to move, what to do in this situation?
Hello, you have the right to refuse official housing without giving any explanation, however, in this case, you will not be able to receive monetary compensation for the sub-lift.
How can I correctly abandon office housing in favor of a sub-rent, if I am offered an apartment with a much larger area for one person (instead of the 1st, 2-bedroom) and plus 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 from official housing, you won’t receive anything after the rent. Good luck and all the best, with respect, lawyer A. Ligostaeva
How to legally refuse service housing if it is far from the duty station. And live on in rental housing.
I will answer the question: why refuse it? In Krasnodar, someone extra square meters in the burden? Ask a different question better: what to do with this housing if living yourself is inconvenient ...
How can I refuse an office apartment and not lose my right to pay rent?
☼ Hello, If you have been given a service apartment, in this case there can be no rental housing. I wish you good luck and all the best!
How to justify abandoning official housing does not suit the district. Gas is disabled by the new building.
And in your opinion, is this an unreasonable refusal? No infrastructure! I think this is a good reason, but if only the employer had a housing fund!
We want to abandon office housing, what reason should we indicate so that everything is correctly and legally?
Hello, any. You have such a right. The main thing for the future is not to harm. Good luck.
what is such and indicate
What are the reasons for refusal of official housing considered reasonable.
Hello! The presence of residential premises in the area of \u200b\u200bdeployment of the military unit. GOOD LUCK TO YOU
What good reason can a soldier have to refuse official housing and receive compensation for raising housing?
Unsuitable for living. And only through the court.
In your case, it is better to delay the paperwork, the apartment itself will be recalled. As one of the reasons for rejection, 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, as it turned out that you are not the father.
How can I refuse service housing if it is 120 km from the service, but also the service and the service. Are the accommodations in St. Petersburg?
Write to the landlord, indicated in the contract of employment of official housing, a statement on termination of the contract of employment. If you have the keys to the front door, send from the registered parcel with a list of investments, also to the landlord. If you didn’t conclude the contract, but there is only a warrant, please contact the landlord (the person who provided the accommodation) with a statement that you left the official housing, thereby terminating the contract of employment. Everything is sent by registered letter with a list of attachments.
How to abandon office housing and get a raise?
Are you a member of the military? You can refuse to conclude a contract for the rental of specialized residential premises (office apartments are designed this way). In this case, you will not be excluded from the lists of people who need housing, (and this is important for obtaining compensation for renting a house). In practice - as a rule, they are moved to the end of the waiting list.
Under what article can I refuse official housing if the area does not correspond?
there is no such article; refusal from the office apartment; write a report addressed to the unit commander
I am a serviceman, I was offered official housing, I refused it, since the length of service was 20 calendar years and permanent housing was laid. Before this time, official housing has never been provided to me. Due to the fact that I refused office housing, they refused to pay compensation for renting housing. Is it eligible?
Hello! No, appeal to court
How to correctly abandon office housing, if all security standards are met. Removable housing closer to the duty station.
So what exactly is the difficulty?
How can one correctly refuse office housing without being removed from the queue? According to sanitary standards, housing most likely passes. This is my second rejection of official housing. The JO scare removal from the queue in court. Thank.
if there is no reason. that is, housing is suitable, then I do not see options. Only if it is not in the territory of the duty station and not in the nearest settlement
How can I refuse a military mortgage and stay in official housing?
Under the law, without the consent of the command - nothing.
Question:
Hello! I am an ensign. I am 48 years old. The length of service is 13 years. I do not have housing in the property, it is registered with the unit. I live in my brother’s apartment. The housing commission recognized me as needing housing under a social loan agreement, and Ryazan was chosen as the place of residence.
They cannot provide housing on social loans, since it is not available in this city (they say, “wait”). I was asked to write a report on official housing, I wrote. He has not yet entered office housing. After 2 weeks, the contract expires. They want to dismiss me with the provision of official 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 social housing (it seems to be “provided with housing”), questions arose. Can I file another report now on the refusal of official housing (if so, how to do it and what to refer to)? Do I have to satisfy my request? Can I be fired without permanent housing if I refuse to serve?
Vladimir, city of Yasny
Answer:
Vladimir, hello. In accordance with clause 5 of the “Instructions on the provision of service premises for military personnel - citizens of the Russian Federation undergoing military service under a contract in the Armed Forces of the Russian Federation”, approved by Order of the Minister of Defense of the Russian Federation of September 30, 2010 No. 1280 (as amended of March 21, 2013) On the provision of residential premises by servicemen of the RF Armed Forces under a social contract of employment and office premises, "if the soldier disagrees with the provided premises, he shall send to the structure within five days from the date of receipt of the message about the proposed premises Noah division of the authorized body on refusal of official premises, decorated in a counterfoil number 2 to the report on the proposed dwelling, for the recommended sample number in accordance with Annex 4 to the present Instruction.
If there is no receipt from the military personnel to whom the messages on the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt of the notification of delivery of the message to the structural unit of the authorized body, these official residential premises are provided to other military personnel included in the list for provision office premises.
According to paragraph 1 of Art. 23 of the Federal Law of 05.27.1998 No. 76-FZ (as amended on 02/03/2014, as amended on 06/04/2014) "On the status of military personnel", military personnel are citizens whose total military service is 10 years or more, requiring improvement of housing conditions in accordance with the norms established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, they cannot be dismissed from military service after they reach the age limit for military service, health status or in connection with organizational and staffing events without providing them housing or housing subsidies. If the indicated military men wish to receive premises not at the place of dismissal from military service, they shall be provided with premises 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 official premises. This refusal will not serve as a basis for dismissing you from military service.
Alexander Tomenko, military lawyer
Good evening!
The provision of housing for 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 military premises to servicemen of the Armed Forces of the Russian Federation under a social contract and official residential premises” (together with the “Instructions on the provision of military personnel - to citizens of the Russian Federation undergoing military service under a contract in the Armed Forces of the Russian Federation, living quarters under a social employment contract "," Instruction on the provision of military personnel - citizens of Russia Federation, undergoing military service under a contract in the Armed Forces of the Russian Federation, office premises ”) (Registered in the Ministry of Justice of Russia October 27, 2010 N 18841).
According to this document, housing is distributed in order of priority to those in need of improved housing conditions.
I do not see any restriction on the distance from the duty station in this document or in any other. It appears that the justification 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 in need of housing, in order, which is determined by the date of registration of servicemen in need of housing, if the dates coincide, the priority is determined taking into account the total duration of military service on the date of registration of those in need of housing.
12. Not later than ten working days from the date of receipt by the authorized body of information on residential premises that can be distributed, the authorized body shall issue, on receipt or in another way, evidence of the fact and the date of its receipt, to the military personnel accepted for registration of those 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 for those in need of living quarters, after receiving the notices specified in clause 12 of this Instruction, with their consent to the provision of distributed living quarters within five days from the date of receipt of the notice, they send to the authorized body consent to the provision of distributed housingdrawn up in the spine N 1 to the notice on the distribution of premises according to the recommended model in accordance with Appendix N 6 to this Instruction and within thirty days from the date of receipt of the notice send the information specified in subparagraph "and" of paragraph 1 of this Instruction as of the date of the notice, as well as copies of documents proving the identity of military personnel and members of their families living with them (passports with data on registration at the place of residence, birth certificates of persons without passports). If the military personnel and members of their families changed their place of residence within five years prior to the date of notification, the extracts from house books and copies of financial personal accounts from these places of residence are provided to the authorized body.
14. Dwelling premises shall be provided in accordance with the rules established by Article 15.1 of the Federal Law of May 27, 1998 N 76-ФЗ “On the Status of Military Personnel.” The size of the total living area provided shall be reduced by the total area of \u200b\u200bresidential premises owned by military personnel and (or) members their families on the right of ownership.
The state pays great attention to providing military personnel with necessary housing. On the basis of the current legislation, each military must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space.
Of course, everyone dreams of their own apartment, and at first glance it seems that there are no people who want to refuse the housing provided. However, in practice it is far from uncommon when a person who is under military service under a contract, or a professional military man refuses from allocated housing.
In this article we will talk about why it is not always profitable to receive housing from the state, and how to properly draw up the appropriate refusal.
Introduction to the topic
The first part of the Federal Law No. 76 dated 05/27/98 provides a guarantee that every Russian soldier 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 of the legislative act - article 15.1. According to its text, a soldier must be provided with housing of at least 18 m², however, exactly the same area relies on each member of the military family with whom he lives together.
The same article says about the procedure in those cases when the state cannot provide the serviceman with the housing they are entitled to. In such situations, it is possible:
- the provision of residential premises of a smaller area;
- the provision of housing from the maneuvering fund of the Ministry of Defense of the Russian Federation;
- the provision of housing in the hostel.
Along with this, the written consent of a soldier is required to implement these options. Housing in such cases is allocated temporarily - until an apartment with the appropriate area is found. If he refuses all possible solutions to the problem, then the state undertakes to rent suitable housing for him or to pay monetary compensation. A soldier receives it along with a monthly monetary allowance.
How to issue a refusal
It is worth noting that if a serviceman is given any kind of housing, he has the right to refuse it, however, there must be appropriate grounds for this.
In order to correctly draw up a housing abandonment, you must refer to one of the following provisions:
- the area of \u200b\u200bhousing provided is less than required by law (Federal Law No. 76 of 05.27.98);
- the living space does not meet the sanitary and epidemiological requirements that apply to all residential premises. This includes finishing defects, the presence of fungi, lack of furniture, sanitary facilities, etc.
- new housing conditions are worse than before. Federal Law No. 76 of 05/27/98 prohibits worsening the living conditions of military personnel.
Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is deemed not convincing, you may be completely excluded from the queue for an apartment. This not only means that you cannot apply for a living space in the future, but you also have no reason to receive monetary compensation for rent.
When can refusal from official housing be beneficial
There are many situations where the rejection of official housing can be much more profitable. 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 dilapidated and dilapidated houses are also sufficient grounds to think about refusal.
If the proposed housing is less than what is legally required for you, it is also beneficial in many cases to refuse to receive it in favor of the compensations paid. Often there are situations when a soldier rents an apartment at the expense of the rent money paid to him, while the proposed apartment can be much smaller, or geographically located in an uncomfortable place. In such cases, the military is also beneficial to refuse to receive it.
In addition, often a form of collateral in the form of payment of monetary compensation is made in an amount exceeding the cost of rental housing. Thus, a soldier gets the opportunity to accumulate finances or use them in their needs. In such cases, many may find it more beneficial to maintain compensation for the hiring. Nevertheless, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still good reason.
Order of registration
Registration of refusal should be carried out within 5 days after the soldier was informed about the proposed living space. Within this period it is necessary to send a personal written refusal to the appropriate unit of the authorized body. It is drawn up on form No. 2, which is always attached to the message on the proposed living space. The application form may 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 housing specified in this message";
- below it is recommended to indicate the reasons for the refusal;
- signature and its decoding.
If, within 10 days, the soldier has not sent the refusal or consent to the housing provided to the appropriate unit of the authorized body, the living space will be provided to other citizens who are in the queue for receiving an apartment, while the soldier himself will subsequently lose his right to apply for housing. However, he will lose the right to receive monetary compensation for rental housing, which is why if you do not agree with the housing you receive, you must write a written refusal.
Important points
It is also worth mentioning some important points.
- in case you have decided to refuse the provided apartment, you can be moved back one by one and expect the next offer an indefinite period;
- the office apartment cannot be privatized further. This is an essential argument for many military personnel in favor of renting housing due to monetary compensation;
- the service apartment is provided only to servicemen who do not have any other housing in the region in which they serve.
Thus, each soldier has the right to both claim the living space and refuse it if he provides compelling arguments in favor of its non-compliance with the current legislation.