Continuation of comments to the Housing Code of the Russian Federation. It will be about the residential premises provided under social hiring agreements.
Before you, continue comments to the Housing Code of the Russian Federation. Today's publication is devoted to Section III (Articles 49-91) of this federal law, a huge and very important. He is called "Residential Premises, provided under social hire agreements."
The new Housing Code of the Russian Federation (LCD), which has come into force from 1mart 2005, have already been devoted to two articles published in the previous rooms of our magazine. Recall what was discussed.
The first material (the article "will live in a new way") talked about the main positions, that is, preferably covered the content of the partition and partially partially. Russian citizens have freedom of choice of residential premises anywhere in the country, and state authorities and local governments should contribute to the exercise of their right to housing. All citizens are equal, and therefore violation of the rules for use in housing One of them to the detriment of others can entail large troubles, up to the trial and evict the violator. Residential premises can now be translated into a non-residential and vice versa under the observance of a number of formalities and relevant building standards. The procedure for issuing permits for reorganization and (or) redevelopment of housing is simplified: the documents are required to maximize six, and in most cases four. (By the way, 28Aprel 2005, after almost two-month after the entry into force of the new LCD, the Government of the Russian Federation adopted a Resolution No. 266 "On approval of the application form for reorganization and (or) redevelopment of the residential premises and the form of a document confirming the decision to coordinate the reorganization and (or ) Redevelopment of residential premises. "Thus, the" self-identity "of local authorities in different regions of the country was discontinued. From now on, the procedure for issuing permits for reorganization / redevelopment is the same for all, including residents of Moscow and St. Petersburg.)
The owner, compared to the employer, has an order of magnitude more rights to housing, but also the circle of his duties is much wider. Experts advise citizens to privatize the apartment for free if they did not yet.
In the second publication (the article "Live in New-2") continued to talk about the right of ownership and other real accommodation rights, which section STR. According to the article (Art.) 31 of the Code, in the event of a divorce of spouses, the right to use residential premises for a former husband or wife of the owner is not saved. But to evict and "write out", that is, to remove from the registration record of your former spouse or spouse, the owner of the apartment / home is not entitled. This requires an appropriate court decision.
"The residential premises may be seized by the owner by redemption due to the withdrawal of the relevant land plot for state or municipal needs," says Article.32. "The ransom of part of the residential premises is not otherwise allowed as with the consent of the owner." That is, now the state or local authorities will be coordinated with the owners of privatized apartments and owners of private houses redeemed price, and not just provide one or another apartment. The new LCD confirmed that the owners of the premises in an apartment building belong to the right of the overall ownership of the premises in this house, which are not parts of apartments and intended for servicing more than one premises: staircases, elevators, corridors, attics, cellars IT.D. The proportion of the owner of the premises in the right of common property for general property in an apartment building is proportional to the total area of his apartment. Recommendation with its shares owners of premises carry the burden of costs of maintenance of common property and vote at the general meeting of the owners, which is an organ of administrative house.
Who now give housing?
The LCD is quite definitely on this question: poor citizens (Article 49). Active, "otherwise defined by federal law or the law of the subject of the Federation categories of citizens", if they are legally recognized as needed in housing. It is provided under a social hiring agreement, and it will not be able to arrange him as soon as possible.No more people are considered not just people who earn little. The LCD establishes a more complex criterion: "The poor ... are citizens if they are recognized as such a local government in the manner prescribed by the law of the relevant subject of the Russian Federation, taking into account the income coming to each family member, and the value of the property members and the family members and Taxation ". Like this. If you, together with your wife / husband, earn only a few thousand rubles insteps, but at the same time have a car and a house in the village, you are surely not recognized by poor and will not be in a queue for housing. It should be noted that in each region there will be its own revenue plan in accordance with the level of salaries that have developed here.
To "other" citizens, along with the poor, having the right to free social housing include disabled people, participants in the Great Patriotic War, war veterans and some other categories of citizens (again, in different subjects of the Russian Federation lists may vary). Incable approach to the provision of housing, described in detail in the LCD, new and unusted for the inhabitants of our country, including well-provided. Now nothing free will no longer, and it is necessary, finally, to understand. Most citizens should get money from his pocket and buy housing (and the state will help them with laws, regulations and in some cases with real subsidies). Amen minority, theoretically, theoretically will receive apartments, but for this it is necessary to register and defend all the same many years.
Student standards
In the new LCD (Article 50), the rate of granting and accounting norm of the area of residential premises appear. The first of them is the minimum size of the total area of the residential premises provided under a social hiring agreement (in Moscow-18m2 per person). This figure is established by the local governance and depends on the level of housing in the region and other factors. The second, accounting rate is "the minimum size of the area of residential premises, based on which the level of citizens' security is determined by the total area ... in order to take into account as needing residential premises." In other words, in accordance with her put in line at housing. The size of this norm, never exceeding the size of the provision rate, is also established by the local government authority (in Moscow - 10m2 per person for individual apartments and 15m2 for utilities and hotel-type apartments).
Interestingly, in the initial version of the LC, which has passed the first reading in the State Duma, the exact size of the "federal" norm is indicated, at least 15m2 per person. Avi the final edition of the Codex number for some reason disappeared. Iteper all solve local authorities at their discretion ...
Who needs housing?
This question is discussed in Art. 51 LCD. In need of housing (under social accommodation agreements), those citizens and members of their families are recognized, who have no housing at all (for example, people who have just received the citizenship of the Russian Federation) has accommodation with a total area of less accounting standards per person living in a dysfreated apartment, Room or house living in a communal unit, if one of the family members is so seriously sick that it is impossible to live next door to him. (The list of diseases is contained in the Decree of the Government of the Russian Federation No. 817 of December 21, 2004)Art. 52-56 describes in detail the procedure for adopting citizens to account as needing housing, grounds for refusal in registration and cases of removal from accounting. Among them are especially interesting to Art. 53, where the following is said. If a person who has not had the right to consist in taking into account the housing, deliberately (!) Making some actions (for example, he changed a large apartment to a smaller one, fictitiously divorced his wife / husband, instilled his relatives IT.P.) and in As a result, he achieved his goal, from the records it is removed and can again be put in a queue not earlier than five (!) years from the date of the commission of these actions.
How do accommodation provide?
Accommodation is provided to citizens consisting of registering, "in order of priority on the basis of taking into account" (Art. 57). Avna Testules, whose housing was destroyed and is not subject to repair or reconstruction, orphans and children left without parental care, as well as already mentioned above seriously ill citizens. We are talking about the provision of apartments.
The decision to provide residential premises under a social hiring agreement adopted by the local government body is the basis for the conclusion of a social hiring agreement. (Previously, such a reason was a warrant, now this concept disappeared at all.) The premises should be provided to citizens at their place of residence, within the settlement of the settlement, the total area of equally the provision rate.
Among the articles describing the procedure for the provision of housing is especially important to Article 59- on the liberated rooms in communal apartments. It describes the order of presentation of the requirements for the liberated room (rooms) by residents of the communal. This area is provided primarily to those who are already recognized or can be recognized as poor and in need of housing. If there are no such people in this communal, the liberated room can be sold to the tenants of this apartment, which are provided with a total area of a family member less than the provision rate. Or in case, in case the released room, none of the listed citizens claims, it is provided under a social hiring agreement to other people who did not live in it. In other words, this article (along with other provisions of the LCD) makes it possible to buy rooms in communal apartments not the poorest people and helps to reduce the number of communal in our country.
On the pros and cons of social hiring residential premises
The conclusion of this contract does not generate ownership rights, and citizens-employers, unlike owners of housing, do not pay tax on property and do not carry the costs of maintenance and repair of common property in an apartment building, where there is a residential premises. But, on the other hand, the employers cannot dispose of housing occupied: can not sell, call, give it or giving off. We should not forget that in the event of the death of a lonely tenant of his apartment or the room passes the state.
One of the most important moments of the social hiring agreement is the impossibility of imposing arrest on this residential premises and recovery of it in court to repay debt on loan agreements, loan agreements and other obligations.
Thus, in the cases listed above, the state (in the person of local governments) undertakes to employers to bear the burden of expenditures in accordance with the concluded social employment agreements and guarantee the inviolability of housing under the Constitution of the Russian Federation and the Housing Code of the Russian Federation. "
Moderator-employer
According to official data, now the number of owners of housing in Moscow correlates with the number of apartments of the apartments in the proportion of about 70:30. There may be a different picture of the twilight regions, but in any case, not all citizens want and should become owners of housing. Chapter 8 LCD called "Social hiring of residential premises" (Article 60-91) describes in detail all the nuances of the relationship between the tenants of unsuccessted apartments (employers) and the state / city / municipality (hiring).So, according to the concluded agreement of social hiring, one side of the residential premises of the State or Housing Fund or the person authorized by him (the hide) "undertakes to convey to the other party to the citizen (the employer) of the residential premises and use for living in it." This contract is indefinitely (Article 60), in contrast to a commercial employment contract, which is always for a certain time. The same article declares another most important principle that guarantees the right of citizens to housing: no matter how much the grounds and conditions that give a person the right to receive housing under a social employment contract will not be terminated. (A typical social hiring agreement was approved by the Decree of the Government of the Russian Federation No. 1.5 of 21.05.2005)
Who is such a honestater, from whose goodwill a lot in the household life of the employer? This is one of the executive authorities, urban or municipal (in the capital of the Moscow Department of Housing and Housing Fund of the city of Moscow). It is interesting that before the contracts for hiring residential premises with citizens, the notorious hives and desi themselves concluded, from the services of which, according to a new LCD, residents can refuse.
Rights and Responsibilities Moderator
The signator is obliged (!) To give the employer a residential premises, which no one else has the right to claim; participate in the maintenance and repair of common property in an apartment building, where this apartment or room is located; carry out overhaul of housing; Provide utilities and fulfill other duties in accordance with housing legislation and social employment contract. In return, the local authorities have the right (!) To demand from a person to make timely making fees for housing and utilities (Article 65).
If the state does not fulfill its duties (for example, it does not conduct a overhaul or, say, does not change the rusty pipes in the apartment), you are entitled to demand reduction of housing fees, reimbursement of expenses for the elimination of these shortcomings or compensation for damages that arose due to non-fulfillment or Inappropriate performance by the hide of their duties (Article 66). Like this. Let's hope that thanks to this article, our glorious communal services and operational organizations will seriously think that in time to repair the entrance, the attic in the building and plumbing in the apartments of the employers.
The company under the social employment agreement is one of the local executive bodies (in the capital of the Housing Policy and Housing Fund of the city of Moscow). It is here that you need to apply the employer to get consent to the delivery of housing in a dutter or an instill in the apartment of your grandmother or a nephew.
Rights of employer
In accordance with the LCD (Article 67), the employer has the right to "make a residential premises of other persons", to pass it into a worn, allow the staying of temporary tenants, to exchange or replace housing, "to demand a timely overhaul of residential premises, appropriate participation in the content of common property in an apartment building, as well as the provision of utilities. "Embossing. To "register" your children, parents and spouses, you as the employer should only agree in writing from other members of your family, including temporarily absent (Article 70). Achetoba is constantly registering other citizens (who are not your husband / wife, Son / daughter, Father / Mother) "as living together" with you members of the family- plus to ensure the consent of the host-local authorities. Aon, in turn, has the right to ban the establishment of not closest relatives, if as a result the total area of residential premises will be less than the accounting norm. For the misfortune to parents, their minor children, a nich consent is naturally not required. Settling in the apartment / house, family members of the employer acquire equal rights and obligations with him (Art.69). Simultaneously make changes to the social hiring agreement: a new family member must pay housing and utilities.
Delivery to the exercise. You like the employer with the consent of the hip (!) And living together with you members of your family have the right to transfer to the part of the residential premises you do, and in case of temporary departure, all housing. This will be possible, provided that the total area per person in a separate apartment will not be less accountable, and in the communal less provision rate (Article 76). The size of the fee for submitting, the deadlines for its introduction and other circumstances you will also have to install yourself and be sure to indicate in the contract.
Temporary tenants can be hosted in their apartment at no more than six months in a row (Article 80). To do this, you should also enlist the consent of the members of your family, having previously notified the local authorities. They have the right to ban accommodation, if, again, there will be no norms of the total area per person.
Exchange. If you are an employer, then with the consent of the finder (!) And family members living together with you can exchange housing to another, also provided under a social hiring agreement (on a privatized apartment, that is, you can not change now). Your family members have the right to demand from you to exchange this room to others, located in different homes or apartments and other employers (Article 72). If you and family members who live with you could not peacefully agree on the exchange, any of you are entitled to require the implementation of forced exchange in court. The exchange of housing provided under a social hiring agreement, in which minors living, incapable or limitedly capable citizens, "allowed with the prior consent of the guardianship and guardianship bodies." (We note that it is now allowed to carry out any participation of these bodies.) Premises participating in exchange can be located both in one and in different settlements in the territory of the Russian Federation. The exchange of housing provided under social hiring contracts is not allowed if, for example, the right to use this premises is challenged in court or decided to demolish the house (a complete list of prohibiting cases is given in Article 73).
Replacement. The employer of the residential premises, the total area of which exceeds the rate of granting, with the consent of the family members may contact the hill of the housing for the provision of smaller housing in return (Article 81). Strange seemingly an article. But the ability to move to a smaller living space is needed, say, those who do not afford to pay extra square meters (there are often cases when a lonely non-working pensioner lives in a huge apartment). Having received a statement, the hodger is obliged for three months to provide another housing to the employer in coordination with him.
The employer may also have other rights, in addition to those described above, provided for both LCD and other federal laws and the Social Helmet Agreement.
Responsibilities of the employer
The rights of the employer are devoted to several items of the Code, the duties are simply listed in said Article 67. So, the employer must:
1) use housing for its intended purpose and within the limits established by the LCD;
2) to ensure the safety of housing;
3) maintain the proper condition of the residential premises;
4) carry out the current repair of the premises;
5) to make a fee for housing and utilities;
6) "Inform the Moderator in the terms established by the contract for the change in the grounds and conditions giving the right to use the residential premises under a social hiring agreement."
It also has some other duties provided for by the LCD, other federal laws and the relevant contract.
"Eviction ... from residential premises provided under social employment contracts, under judicial order:
1) with the provision of other well-maintained residential premises under social hiring agreements;
2) with the provision of other residential premises ...;
3) without providing other residential premises. "
(From Art. 84 LCD)
Termination, termination and eviction
"The social hiring agreement is terminated in connection with the loss of (destruction) of the dwelling, with the death of a lonely living agent" (Article 83). The apartment leaves the state, and it continues to dispose of it.
Social hiring agreement can be terminated at any time by agreement of the parties or at the request of the employer (with the written consent of his family members with him). If the tenant and his family decided to change the place of residence, the contract is considered terminated from the date of their departure.
On the contrary, the Moderator terminates the contract unilaterally not entitled (!). It can only require its termination after:
"Near the employer of fees for a residential premises and (or) utilities for more than six-month";
"Destruction or damage to residential premises by employer or other citizens, for the actions of which he answers" (meaning the subnabilities or temporary tenants);
"Systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to accommodate in one room" (here we are talking about communal apartments);
"The use of the premises is not intended" (let's say, under the office).
We repeat, all cases of eviction are considered in court. No one will force a person to leave without an appropriate decision.
The court may decide to evict a citizen with the provision of other well-maintained residential premises, with the provision of other residential premises (it is not said anywhere to what extent it is landscaped) and without providing other residential premises (Article 84). Moreover, eviction is not always punishment, because the causes of changes in the place of residence can be different. Citizens are evicted with the provision of landscaped housing (Article 85), if the house where the room is located is to be demolished, the residential premises is translated into a non-residential or has become unsuitable for living. Another champion in the house of overhaul or reconstruction, as a result of which the "residential premises cannot be saved or its total area will decrease" so hard that living will be recognized as needed in housing, or, on the contrary, "will increase, resulting in the total area The room occupied per family member will significantly exceed the provision rate. "
With the demolition of the house, the translation of the room in the non-residential and recognition of it is inconvenient to stay more or less. Another room is given to the employer, henceforth he and his family will constantly reside there. When the residential building "gets up" to overhaul or reconstruction, options (Article 88) are possible. If the work cannot be carried out without evicting the employer, the lodgerator provides him and members of his family under the contract of hiring a residential premises of the maneuverable fund, from where they will be able to return home (social hiring contract in this case is not terminated). Claimers of the employer The Moderator has the right to provide him with another room for permanent residence with termination of the previous contract. The employer and his family members will be able to return to the previous place of residence, if the area of the room as a result of overhaul or reconstruction decreased, but did not become less accounting standards per person. Ini in some other case!
"Other" (that is, not too well-sustained) housing is provided with the employers in court and members of their families, "For more than six months without good reasons," no accommodation fee for housing and utilities (Article 90). The text of this article really terrifies. The same in the Code does not say how to count enemets - in a row or through one. The only hope is to try to prove in court that the reasons for non-payment were respectful, or "put pressure on pity" judges so that they are limited to a fine and full repayment of debt.
On the street (without the provision of any housing), only tenant people are evicted: systematically violating the rights and legitimate interests of neighbors and destroying housing, which they occupy under a social hiring agreement (Article 91). Considered parental rights can also send vagabond, "if the joint residence of these citizens with children in respect of which they are deprived of parental rights, recognized by the court impossible."
In addition to reading all articles of the LCD about social hiring, you can come only to one conclusion: to be the employer is bad (this is too dependent on the local authorities it can be). It is better to privatize housing, you can still. But being the owner - the pleasure is not cheap, because at this stage there is no clarity, how much will need to pay for utilities, housing and land under an apartment building, when free privatization is over.
The next issue of the magazine, we will continue to comment on the provisions of the new LCD. It will be about housing and housing and building cooperatives, homeowners and management partnerships and management of apartment buildings.
The editors thanks the lawyer Lyubov Danilov and Lawyer Daria Kononenko for help in preparing the material.