22.11.2019

Getting housing out of turn in the Russian Federation. The list of diseases giving the right to an extraordinary housing. Providing housing for disabled people


ZhK RF Article 57. Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises

1. Residential premises shall be provided to citizens registered as needing residential premises, in the order of priority based on the time of registration of such citizens, with the exception of the cases specified in Part 2 of this Article.

2. Out of turn, residential premises under social tenancy agreements are provided:

1) citizens whose living quarters are recognized in the established manner as unfit for habitation 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, housing should be provided to citizens at their place of residence (within the boundaries of the relevant settlement) with 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 is 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. These 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.

Every citizen of the Russian Federation is guaranteed the right to housing by Article 40 of our Constitution. Today, free housing, as before, is received by those citizens (in turn) who most urgently need it. However, it is not easy to get an apartment according to this scheme. What documents should be collected in order to receive housing for free, and how to do it?

Who applies for a free apartment, and who can get free housing out of turn in Russia

At the moment, free housing from the state (according to Federal Law No. 29 of 14/06/06) can be counted on under the following conditions:

  1. The family is recognized as poor (low income).
  2. The size of the area of ​​the family's dwelling is below the accounting norm for each family member. It should be noted that this norm is set separately by region. For example, in Moscow - 10 sq / m per 1 family member, and in Vladivostok - 13 sq / m. Note: in the process of determining the area of ​​family housing, the area of ​​the real estate that everyone owns is also taken into account.
  3. The dilapidated state of the housing where the family lives. Or the house cannot be repaired and was declared unfit for habitation by a special commission. The decision on the "accident rate" of the house is taken by the executive authorities.
  4. Living in a common area with the family (communal apartment) of a chronically ill person with a severe form of the disease. The list of such diseases is in the decree No. 378 of 16/06/06. For example, tuberculosis or gangrene, etc.
  5. Lack of amenities in the house. For example, electricity or heating, hot water and / or running water, bathtubs, stoves, etc.
  6. The family members do not own any real estate if they have the right to live in the Russian Federation.

On a note:

Only those citizens who are recognized as poor and are in dire need of improvement can join the queue housing conditions... The status of the apartment (state / owned) does not matter - financial insolvency is of the greatest importance. It is also worth noting that families registered even before the adoption of the new Housing Code (before 2005) will not have to prove their financial insolvency. But for those who stand in line today, this fact will have to be confirmed with a solid package of documents.

Free housing out of turn - who is eligible?

  1. Persons whose housing, according to the established procedure, was officially recognized as unfit for habitation, as well as unsuitable for repair / reconstruction.
  2. All children are orphans.
  3. All children who were left without parental care.
  4. All persons with a history of severe chronic diseases that can harm the health of others.

A complete list of documents for the queue for a free apartment

If you have a reason to be on the waiting list and claim free housing, prepare package of documents for housing commission:

  1. Application (by sample). It must be signed by every member of your household over the age of 18 who wishes to be eligible for “needy” status and certified by the check-in / registration department (where you live).
  2. Passport of the Russian Federation of the applicant and all family members + photocopies of the necessary pages (marital status and children, photo with place of residence, information about previously issued passports). IN this case family members are a husband (wife) and their children under 18, or persons who live with them and have other signs of kinship, or those who live with the applicant, including those moved to the square as family members by a court decision ...
  3. All documents (+ copies) defining / confirming the composition of the family, family relations, etc. That is, birth / marriage or divorce certificates, all relevant court or guardianship decisions, etc.
  4. Form 7 and 9 (both valid for 1 month only).
  5. Extract from the personal account on the number of residents (validity period - 1 month).
  6. Extract from the Unified State Register with information on the presence / absence of housing for the applicant and family members (the certificate is provided separately for each, validity period - 1 month).
  7. Documents that are the basis for the registration of the applicant and family members on their area: a donation agreement or transfer of ownership, an order or a social rent agreement, etc.
  8. Information on income - for the last 12 months, for each family member: documents on scholarships and benefits, certificate of pension amount, all certificates from work, etc. In the absence of work: original + copy work book(to be assured in advance by the personnel department); a statement (did not work anywhere, had no income, lived on the dependents of this and that), certified by a notary; a certificate from the employment center (that there was a fact of receiving / not receiving unemployment benefits).
  9. A package of documents / certificates with information on the value of all property owned (taxable property) from the applicant and other family members. That is, a certificate from the PIB, a document from the Committee for Land Resources and Land Management (on the normative price of the site), a document with an assessment of the vehicles owned (taken from an organization, respectively licensed). Of course, each certificate must be fresh (as of the year of circulation).
  10. A package of documents with information confirming the right to benefits for the provision of housing (originals + copies). That is, all documents on disability, certificates, etc.
  11. TIN + SNILS (also originals + copies) - for each (if any).
  12. Inquiries about the technical / condition of the dwelling (conclusions, acts, etc.) - for those persons who live in a room unsuitable for living.
  13. Documents about those dwellings suitable for permanent residence premises that are located outside the city in which the application is submitted (mandatory for each family member, if such housing is available).
  14. Documents on housing provision and the fact of residence in one of the cities of the Russian Federation on a legal basis for 10 years (certificate of registration).
  15. A package of documents / certificates of the right to receive housing out of turn (if there is such a right). You may need following documents: an act of the interdepartmental commission stating that housing is unsuitable for living (under Article 57, paragraph 2, paragraph 1 of the LC), certificates from the medical institution (with Article 57, paragraph 2, paragraph 3 of the LC), a document from the authorities guardianship (under Article 57, Clause 2, Clause 2 of the LC).
  16. A package of documents stating that the recognition of a citizen (citizens) as poor. The very decision on such recognition is issued by the Department of Social Protection of the Population. In addition to it, the following will come in handy: 2-NDFL, certificates of scholarships / pensions, child benefits, etc. That is, all documents and certificates that are proof of income for the last 2 years.
  17. If the documents are submitted by the applicant's authorized representative: an envelope with a paper binder; power of attorney (drawn up in the prescribed manner), passport.

Read also: Federal Target Program Housing 2011-2015

Where to go and how to get in line for social housing - instructions

The first step to the status of a “waiting list” for free housing is the official recognition of a poor family. Such a decision is made if the income of each adult family member is lower living wage... The presence of taxable real estate and cars is also taken into account. After recognizing the family as poor and the appointment of state / social / benefits, you can begin that difficult (alas) path, which, with a successful combination of circumstances, will be crowned with receiving free housing. Where to start and what to remember?

How to get in line - instructions.


  1. We clarify the complete (for your region and in your case) list of certificates / documents and the application form.
  2. We submit documents together with an application to local authorities at the place of residence.
  3. We are waiting for the special commission to make a decision (documents are considered for about 1 month). If you receive the status of "waiting list" or, on the contrary, if you refuse, you will be sent a written response (within 3 days). Possible reasons for refusal are the excess of the total family income in comparison with the norms corresponding to the status of "poor", deliberate deterioration of living conditions (strangers registered in your apartment, exchange of a large area for a smaller one, etc.).

If there are no grounds for an extraordinary housing acquisition, then you will be assigned the status of a waiting list, and already in the usual queue you will expect the keys to free housing.

Why they can deregister or move the queue back - reasons:

  1. Submission of an application for deregistration.
  2. Loss of the grounds that gave the right to free housing.
  3. Change of residence with subsequent residence in another municipality.
  4. Receiving funds from the state for the purchase / construction of housing or a plot for building a house.
  5. Identification of false information in documents.
  6. Changes in family composition or living conditions.
  7. Loss of foundation for social rent.
  8. Intentional deterioration of living conditions.
  9. 3 refusals of the proposed housing.

On a note:

The property / housing conditions of the people on the waiting list are checked by the authorities:

My daughter has a severe chronic illness in which Cohabitation in a communal apartment is impossible. Not long ago we were put on record as needing to improve living conditions, since we live in a communal apartment. But it turns out interestingly, we were put in a queue for an extraordinary receipt of housing and no one can answer me when we will be given this the so-called extraordinary housing. Please tell me what to do, because the law does not have the concept of a queue for extraordinary people. As I understand it, there should be no queue.

In the housing sector, the presence of certain types of chronic diseases among citizens may give additional rights or impose restrictions on existing ones. So, according to Part 4 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises provided under social tenancy agreements are recognized as tenants of residential premises under social tenancy agreements, family members of a residential tenant under a social tenancy agreement or as owners of residential premises, family members of the owner of a residential premises living in an apartment. occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which it is impossible to cohabit with him in the same apartment, and who do not have any other living quarters occupied under a social contract or owned by right. For the recognition of such citizens in need of housing improvement, it does not matter whether it is a communal apartment in which several families live, or a separate apartment where two or more families live under one contract. It also does not matter that citizens (all or part of them) are the owners of the entire apartment (residential building) or the owners of individual rooms, etc. Both the size of the occupied dwelling and the fact of the presence (or absence) of family relations between families are not taken into account (Article-by-article commentary to the Housing Code of the Russian Federation Edited by P.V. Krasheninnikov).
Consider the following circumstances:
1) several families live in the apartment;
2) one of them includes patients suffering from severe forms of certain chronic diseases;
3) living with these patients in the same apartment is impossible;
4) citizens do not have any other premises in their ownership or occupied under a social rental agreement.
A special List of diseases, which should be guided by the application of the named grounds for recognizing citizens in need of living quarters, was approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378

These include the following diseases:
1) active forms of tuberculosis with the release of mycobacterium tuberculosis;
2) malignant neoplasms, accompanied by profuse discharge;
3) chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;
4) epilepsy with frequent seizures;
5) gangrene of the extremities;
6) gangrene and lung necrosis;
7) lung abscess;
8) pyoderma gangrenous;
9) multiple skin lesions with profuse discharge;
10) intestinal fistula;
11) urethral fistula.
The impossibility of living together with such patients in the same apartment must be confirmed by the conclusion of the health authorities. A medical report is issued by medical advisory commissions (VKK) of medical institutions at the place of residence or at the place of work of the patient and is certified by the head of the institution. In the absence of such a commission in a medical and prophylactic institution, the patient is issued an opinion signed by the attending physician and the head physician. In the event of improvement in the living conditions of registered citizens by increasing the size of the total area of ​​living quarters attributable to each family member in connection with departure to another place of residence or with the death of one of the family members - a patient suffering from a severe form of chronic disease, they are removed from the register. When providing residential premises under social rental contracts to citizens registered as needing residential premises, one should take into account the fact that they are provided out of turn for those suffering from severe forms of chronic diseases (part 3 of article 57 of the Housing Code of the Russian Federation). However, this right can only be exercised by those citizens who were admitted to housing registration after March 1, 2005 - i.e. after the entry into force of the Housing Code of the Russian Federation, which established the corresponding benefit. Citizens suffering from diseases from this List and accepted for housing registration before March 1, 2005, cannot, on the basis of the Decree of the Government of the Russian Federation of June 16, 2006 N 378, have the right to an extraordinary receipt of residential premises. When providing residential premises under social tenancy agreements, it should also be borne in mind that residential premises under a social tenancy agreement can be provided with a total area exceeding the provision rate for one person, but no more than twice, if such residential premises are intended for a citizen suffering from one of the severe forms of these chronic diseases (part 2 of article 58 of the Housing Code of the Russian Federation). A similar provision is enshrined in Art. 17 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation".
At the moment, there are two federal legal acts that differ in the list of diseases indicated in them and give citizens the right to receive residential premises under a social rental agreement with a total area exceeding the provision rate for one person. At the same time, the procedure for the simultaneous application of these two acts is currently not defined.
The presence in a citizen of a disease included in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 imposes restrictions on the exchange of living quarters and sublease. So, in accordance with Part 6 of Art. 73 of the Housing Code of the Russian Federation, the exchange of residential premises between the tenants of these premises under social tenancy agreements is not allowed if, as a result of the exchange in communal apartment a citizen who suffers from one of the severe forms of chronic diseases provided for in the mentioned List is moved in. And according to Part 4 of Art. 76 of the Housing Code of the Russian Federation, subletting of residential premises is excluded when persons suffering from one of the forms of chronic diseases specified in the List approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378 (and this requirement applies to both an apartment and a room in a communal apartment).
As for how long to wait in line, it depends on the availability of social housing housing in the municipality. I recommend sending a request to the administration about how many people have in this moment eligibility for early housing and what number in this queue do you have. How many housing this year the administration plans to provide for the extraordinary. When there is a written request, officials are obliged to respond in writing and then be responsible for what was written.

"On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment"

GUARANTEE:

Pursuant to Article 51 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

To approve the attached list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment.

severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment

GUARANTEE:

See the List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment, approved by order of the Ministry of Health of Russia dated November 29, 2012 N 987n (did not come into force)

According to the Housing Code of the Russian Federation, if a citizen lives in an apartment occupied by several families, one of which has a patient suffering from a severe form of a chronic disease, then this circumstance is the basis for recognizing a citizen as needing a living space provided under a social rental agreement.

In this regard, the Government of the Russian Federation has determined a list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment. The list includes 11 severe forms of chronic diseases, including active forms of tuberculosis with the release of Mycobacterium tuberculosis, chronic and protracted mental disorders, epilepsy with frequent seizures, gangrene of the extremities.

Decree of the Government of the Russian Federation of June 16, 2006 N 378 "On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment"

By Decree of the Government of the Russian Federation of July 21, 2017 N 859, this decree was declared invalid from January 1, 2018.

Out-of-order housing

My daughter is sick with a severe form of a chronic disease, in which joint living in a communal apartment is impossible. Not long ago we were registered as needing better living conditions, since we live in a communal apartment. But it turns out interestingly - we were put on a queue for an extraordinary housing and no one can answer me when we will be allocated this so-called extraordinary housing. Please tell me what to do, because in the law there is no concept of a queue for extraordinary people. As I understand it, there should be no queue.

In the housing sector, the presence of certain types of chronic diseases among citizens may give additional rights or impose restrictions on existing ones. So, according to Part 4 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises provided under social tenancy agreements are recognized as tenants of residential premises under social tenancy agreements, family members of a residential tenant under a social tenancy agreement, or as owners of residential premises, family members of the owner of a residential premises living in an apartment. occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which it is impossible to cohabit with him in the same apartment, and who do not have any other living quarters occupied under a social tenancy agreement or owned by right. For the recognition of such citizens in need of housing improvement, it does not matter whether it is a communal apartment in which several families live, or a separate apartment where two or more families live under one contract. It also does not matter that citizens (all or part of them) are the owners of the entire apartment (residential building) or the owners of individual rooms, etc. Both the size of the occupied dwelling and the fact of the presence (or absence) of family relations between families are not taken into account (Article-by-article commentary to the Housing Code of the Russian Federation Edited by P.V. Krasheninnikov).

Consider the following circumstances:

1) several families live in the apartment;

2) one of them includes patients suffering from severe forms of certain chronic diseases;

3) living with these patients in the same apartment is impossible;

4) citizens do not have any other premises in their ownership or occupied under a social rental agreement.

A special List of diseases, which should be guided by the application of the named grounds for recognizing citizens in need of living quarters, was approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378

1) active forms of tuberculosis with the release of mycobacterium tuberculosis;

2) malignant neoplasms, accompanied by profuse discharge;

3) chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;

4) epilepsy with frequent seizures;

5) gangrene of the extremities;

6) gangrene and lung necrosis;

7) lung abscess;

8) pyoderma gangrenous;

9) multiple skin lesions with profuse discharge;

10) intestinal fistula;

11) urethral fistula.

The impossibility of living together with such patients in the same apartment must be confirmed by the conclusion of the health authorities. A medical report is issued by medical advisory commissions (VKK) of medical institutions at the place of residence or at the place of work of the patient and is certified by the head of the institution. In the absence of such a commission in a medical and prophylactic institution, the patient is issued an opinion signed by the attending physician and the head physician. In the event of improvement in the living conditions of registered citizens by increasing the size of the total area of ​​living quarters attributable to each family member in connection with departure to another place of residence or with the death of one of the family members - a patient suffering from a severe form of chronic disease, they are removed from the register. When providing residential premises under social rental contracts to citizens registered as needing residential premises, one should take into account the fact that they are provided out of turn for those suffering from severe forms of chronic diseases (part 3 of article 57 of the Housing Code of the Russian Federation). However, this right can only be exercised by those citizens who were admitted to housing registration after March 1, 2005 - i.e. after the entry into force of the Housing Code of the Russian Federation, which established the corresponding benefit. Citizens suffering from diseases from this List and accepted for housing registration before March 1, 2005, cannot, on the basis of the Decree of the Government of the Russian Federation of June 16, 2006 N 378, have the right to an extraordinary receipt of residential premises. When providing residential premises under social tenancy agreements, it should also be borne in mind that residential premises under a social tenancy agreement can be provided with a total area exceeding the provision rate for one person, but no more than twice, if such residential premises are intended for a citizen suffering from one of the severe forms of these chronic diseases (part 2 of article 58 of the Housing Code of the Russian Federation). A similar provision is enshrined in Art. 17 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation".

At the moment, there are two federal legal acts that differ in the list of diseases indicated in them and give citizens the right to receive residential premises under a social rental agreement with a total area exceeding the provision rate for one person. At the same time, the procedure for the simultaneous application of these two acts is currently not defined.

The presence in a citizen of a disease included in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 imposes restrictions on the exchange of living quarters and sublease. So, in accordance with Part 6 of Art. 73 of the Housing Code of the Russian Federation, the exchange of living quarters between tenants of these premises under social tenancy agreements is not allowed if, as a result of the exchange, a citizen who suffers from one of the severe forms of chronic diseases provided for in the mentioned List moves into a communal apartment. And according to Part 4 of Art. 76 of the Housing Code of the Russian Federation, subletting of residential premises is excluded when persons suffering from one of the forms of chronic diseases specified in the List approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378 (and this requirement applies to both an apartment and a room in a communal apartment).

As for how long to wait in line, it depends on the availability of social housing housing in the municipality. I recommend that you send a request to the administration about how many people are currently eligible for early housing and what number you have in this queue. How many housing this year the administration plans to provide for the extraordinary. When there is a written request, officials are obliged to respond in writing and then be responsible for what was written.

You can ask your question and get free legal assistance by filling out the form

List of diseases that give the right to an extraordinary housing

his actions? What goods

OMS policy? How is property divided?

how to go to study

How to get a passport

his actions? What goods

or exchange? Can they refuse an ambulance

  • ABC of law
  • HOUSING AND REAL ESTATE
  • Social hiring
  • How to get a dwelling under a social tenancy agreement?
  • Who is eligible for out of turn housing?

"Electronic magazine" Azbuka Prava ", 23.10.2017

WHO IS ELIGIBLE TO OBTAIN OUT OF QUEUE HOUSING?


Housing can be provided to citizens out of turn under social tenancy contracts or under contracts for the lease of residential premises of the housing stock social use(part 1 of article 57, part 1 of article 91.15 of the LC RF).

Out of turn, residential premises are entitled to receive, in particular, the following categories of citizens.

one . Citizens whose living quarters are recognized as unfit for habitation and are not subject to repair or reconstruction

For the recognition of a dwelling as unfit for living (in order to obtain new housing), there must be certain grounds (clause 1 of part 2 of article 57 of the RF LC).

So, a dwelling is recognized as unsuitable for living if harmful factors of the human environment are identified that do not allow ensuring the safety of life and health of citizens due to (clause 33 of the Regulation, approved by the Decree of the Government of the Russian Federation of January 28, 2006 N 47):

Deterioration due to physical wear and tear during the operation of the building as a whole or the operational characteristics of its individual parts, leading to a decrease to an unacceptable level of the building's reliability, strength and stability building structures and grounds;

Changes environment and parameters of the microclimate of the living quarters, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of potentially hazardous to humans chemical and biological substances, the quality of atmospheric air, the level of radiation background and physical factors of the presence of sources of noise, vibration, electromagnetic fields.

2. Citizens suffering from severe forms of chronic diseases in which it is impossible to live together

In this case, the presence of a severe form of a chronic disease included in a specific list must be confirmed by a medical report (clause 3, part 2, article 57 of the RF LC).

Severe forms of chronic diseases, in which citizens suffering from them have the right to get a dwelling without waiting in line, include (List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378):

Active forms of tuberculosis with the release of Mycobacterium tuberculosis;

Malignant neoplasms, accompanied by profuse discharge;

Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;

Epilepsy with frequent seizures;

Gangrene and lung necrosis;

Multiple skin lesions with copious discharge;

Intestinal and urethral fistulas.

3. Disabled children - orphans or without parental care, living in social service organizations

This category of citizens is subject to the provision of living quarters out of turn when the disabled person reaches the age of 18, if the individual rehabilitation or habilitation program for a disabled person provides for the opportunity to self-service and lead an independent lifestyle (Article 17 of the Law of November 24, 1995 N 181-FZ).

4 . Pedagogical workers registered as needing living quarters

This category of citizens has the right to provide out of turn residential premises under social tenancy agreements, as well as the right to provide residential premises for specialized housing stock (clause 6 of part 5 of article 47 of the Law of December 29, 2012 N 273-FZ).

five . Prosecutors of the Russian Federation

Out of turn, by the decision of the Prosecutor General of the Russian Federation, living quarters are provided to prosecutors transferred to serve in another locality as prosecutors of the constituent entities of the Russian Federation, prosecutors of specialized prosecutor's offices equated to them, and their deputies (clause 7 of the Order of the Prosecutor General's Office of Russia of 12.11.2014 N 616).

Note. Office living quarters are provided to prosecutors in order of priority, based on the date of registration of those in need of living quarters at the place of service.

6. Citizens evicted in connection with the 2018 FIFA World Cup

Citizens evicted from residential premises or residential premises in dormitories occupied under a social tenancy agreement in connection with the demolition of houses to accommodate infrastructure facilities intended for the 2018 FIFA World Cup are provided out of turn with residential premises under a social tenancy agreement (Part 3 Article 31 of the Law of 07.06.2013 N 108-FZ).

Who can be deemed to be in need of housing in order to obtain social housing? >>>

How to move out of emergency housing? >>>

Housing for the disabled: benefits, documents and procedure for providing an apartment

One of the main social guarantees of the state is the protection of housing rights of unprotected segments of the population, including various categories of disabled people. In accordance with the norms of federal and regional legislation, the state has undertaken an obligation to provide housing for disabled people recognized as needing better housing conditions.

In the presented material, we find out whether a disabled person can get an apartment from the state, and how they act housing programs allowing the specified category of citizens to receive housing free of charge.

Important! If you are looking into your own case of disability housing benefits and subsidies, you should remember that:

  • Each case is unique and individual.
  • Understanding the basics of the law is helpful, but does not guarantee the achievement of the result.
  • The possibility of a positive outcome depends on many factors.

Providing housing for disabled people

The opportunity to get housing for a disabled person is directly related to his registration as needing to improve living conditions. Unfortunately, the law does not allow you to get an apartment for disability immediately when you contact the authorized government bodies, for this you will have to comply with a number of mandatory formalities.

Currently, the provision of this category of beneficiaries with living quarters is carried out in the following areas:

  • social housing for disabled people at the expense of state or municipal housing stock;
  • subsidies for housing for disabled people, the amount of which does not depend on the number of family members, since funds are allocated only to the beneficiary himself.

For any option for obtaining housing, a disabled person needs to queue up by submitting an application to the local authority. The procedure and terms for the provision of apartments directly depends on the date of registration of the person, and is regulated by the Housing Code of the Russian Federation, Federal law from 24.11.1995 No. 181-FZ "On social protection of disabled people in the Russian Federation", as well as regional regulatory legal acts.

Social housing

Residential premises of the state or municipal fund are provided to citizens who are on the waiting list to improve their living conditions. This rule fully applies to people with disabilities of all groups.

The city queue is maintained by the local government or authorized body municipal property. For registration, you must submit the following documents:

  • a statement from a disabled person;
  • documents confirming the absence of an apartment or the need for housing;
  • a certificate from the MSEC bodies on the establishment of a disability group;
  • a certificate on the composition of the family;
  • documents confirming the status of low-income citizens.

Regional legislation may establish a preferential queue for selected categories citizens, including disabled people.

Affordable social housing appears at the disposal of local authorities through the construction apartment buildings, the acquisition of individual apartments in the primary and secondary markets, as well as as a result of the use of quotas in commercial buildings.

Subsidies

Another option for improving the living conditions of people with disabilities is the allocation of subsidies from budget funds for the purchase of apartments. This method is available subject to the allocation of funds when the budget for the next year is approved. In order to allocate budgetary funds, a certificate for housing with disabilities is issued, which is strictly targeted.

The amount of the home purchase subsidy is calculated as follows:

the number of people with disabilities in the family is multiplied by the average market value 1 sq.m. in the region of residence and is multiplied by the federal standard for housing provision (currently this criterion is 18 meters per person).

Important! The state provides housing only for the disabled person himself, no money is allocated for his family members. Families with disabled children are an exception.

In this direction, only a comfortable living space should be purchased, since the key rule is to improve the living conditions of citizens.

Eligibility for Housing Benefits

Which group of people with disabilities is entitled to housing? The disability group does not matter when deciding on the improvement of housing conditions; an official certificate of the MSEC will be a sufficient reason.

If the established disability group has a certain period of validity, the beneficiary will have to undergo an annual re-examination and submit a new certificate to local authorities. Benefits for children with disabilities for housing allow them to avoid this requirement, such a legal status is established for life.

In addition, the right to separate housing for a disabled person will depend on the nature of the underlying or additional medical condition, which is confirmed by medical reports. Also, the procedure for the implementation of benefits will differ depending on the timing of registration.

Procedure for granting benefits


If a disabled person is officially put on the waiting list before January 1, 2005, then he or she has the right to count on receiving funds from subventions that the constituent entities of the Russian Federation receive from federal budget... At the moment, this procedure applies only to disabled people and veterans of the Second World War. At the same time, other categories of disabled people who were already in the queue as of 01.01.2005 have the right to receive housing under a social rental agreement.

If a disabled person is registered after January 1, 2005, then the procedure for providing him with an apartment is established in accordance with the Housing Code. By regional regulations additional preferential grounds for the priority allocation of housing to such a category of citizens may be regulated.

Conditions for the provision of housing to persons with disabilities

The rules for providing housing to people with disabilities, or families in which children with disabilities are brought up, establish the grounds for registering them as those in need of better housing conditions:

  • the provision of housing for each family member is below the standards established by the legislation of the Russian Federation;
  • living in an apartment that does not meet sanitary and technical standards (for example, a disabled person, living on the top floor, has a priority right to move to the first floor);
  • living in a dwelling of several families, one of which has a person suffering from a severe form of the disease, as a result of which living together with him is dangerous for others;
  • a situation in which two or more families who are not relatives live in non-isolated rooms;
  • accommodation in a hostel, with the exception of persons working in seasonal work, on a fixed-term contract or in connection with training.

In accordance with part 2 of article 57 of the RF LC, one of the grounds for obtaining housing under a social rental agreement out of turn is the presence of a severe form of a chronic disease. That is, if the cause of the disability is a serious chronic illness, then the disabled person can apply for an extraordinary receipt of such a living space, and in some cases - for an additional extension of the living space.

List of diseases of disabled people for housing

List of diseases that are taken into account when determining preferential categories citizens, regulated by the Decree of the Government of the Russian Federation No. 378 of June 16, 2006. Citizens suffering from the following diseases can apply for an apartment with an area larger than that established by federal standards:

  • active forms of tuberculosis;
  • mental illness in which dispensary treatment is mandatory;
  • HIV infection in minors;
  • large lesions of the skin with secretions;
  • leprosy;
  • other serious illnesses.

Required documents

Documents for registration are submitted to the relevant department of the local administration in person, or through a representative acting on the basis of a notarized power of attorney. The package of documents includes:

  • statement;
  • certificate confirming disability;
  • an extract from the house book;
  • personal rehabilitation program.

Depending on the basis of registration, you may also need: a document confirming the fact that several families live in one apartment; act of inspection of housing and living conditions; a certificate from the BTI, etc.

Accommodation for wheelchair users

Apartments for wheelchair users must meet certain requirements. Creation of a similar housing stock falls within the competence of regional and local authorities.

For example, within the framework of the “Social Support for Moscow Residents” program, new houses with apartments designed specifically for wheelchair users will be built in the capital. The project is scheduled to be completed by 2017. In such apartments, doorways will be expanded, sockets for electrical appliances will be at an accessible height, and the area of ​​balconies will increase.

Housing for disabled people fighting

In relation to this category of beneficiaries, a similar mechanism operates, which depends on the date of registration. A citizen has the right to expect to receive Money based on the cost of 18 square meters in his region if:

  • took part in hostilities on the territory of the USSR, Russia, as well as other states;
  • received wounds, contusions, mutilations in connection with serving in the ranks of the Armed Forces or other paramilitary formations;
  • registered as needy before January 1, 2005.

The form and procedure for submitting funds is determined independently in each region. In a situation where registration took place after January 1, 2005, there are no advantages for a disabled person in military operations, he will receive a dwelling on a general basis.

Additional housing benefits

In addition to these benefits, disabled people have the right to apply for additional measures of social support:

  • payments for the purchase of housing when applying for the provision of property tax deduction(available to all citizens);
  • payment incentives utilities(the amount and grounds for the provision of these benefits are established at the local level).

It should be remembered that the exact list of benefits may vary depending on the region of residence of citizens. Detailed information, as a rule, can be provided by the bodies of social protection of the population.

If you have any questions about the allocation of housing to disabled people, or officials unreasonably refuse to exercise this right, we recommend that you contact our specialists for help. We will help you compose everything Required documents in strict compliance with the law. For consultation, call hotline or leave a request in the feedback form.

ATTENTION! In connection with latest changes in the legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

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The right of persons with disabilities to affordable housing - Laws and regulations - ROBOI

ANNOUNCEMENT

Regional public charitable organization of disabled people "Promotion of the protection of the rights of persons with disabilities with the consequences of cerebral palsy" informs that she has begun the procedure of voluntary liquidation of the organization due to the lack of funds for renting premises to continue activities.

People with disabilities with the consequences of cerebral palsy and parents of children with disabilities can seek advice on e-mail: [email protected]

Order of the Ministry of Health of the Russian Federation of November 30, 2012 No. 991n "On approval of the list of diseases that give disabled people suffering from them the right to additional living space"

In accordance with article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. 4563; 2005, No. 1, Art. 25; 2008, No. 30, Art. 3616; 2012, No. 30, Art. 4175) and subparagraph 5.2.108 of the Regulation on the Ministry of Health of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 No. 608 (Collected Legislation of the Russian Federation, 2012 , No. 26, Art. 3526), ​​I order:

1. To approve the list of diseases that give disabled people, suffering from them, the right to additional living space, according to the annex.

2. This order shall enter into force from the date of entry into force of the resolution of the Government of the Russian Federation on recognizing as invalid the resolution of the Government of the Russian Federation of December 21, 2004 No. 817 "On approval of the list of diseases that give people with disabilities who suffer from them the right to additional living space" (Collected Legislation of the Russian Federation, 2004, No. 52, Art. 5488).

Tuberculosis of any organs and systems with bacterial excretion, confirmed by culture

Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations

F01; F03-F09; F20-F29: F30-F33

Tracheostomy, fecal, urinary fistulas, lifelong nephrostomy, bladder stoma (if it is impossible to perform reconstructive surgery on the urinary tract and close the stoma), not surgically corrected urinary incontinence, unnatural anus (if it is impossible to restore the continuity of the gastrointestinal tract), malformations of the face and skull with impaired breathing, chewing, swallowing

Z93.0; Z93.2-Z93.6; K63.2; N28.8; N32.1-N32.2; N36.0; N39.4; N82; Q35-Q37; Q67.0-Q67.4

Multiple skin lesions with profuse discharge

Arthropathic psoriasis. wheelchair-bound

HIV infection in children

Absence of lower limbs or diseases of the musculoskeletal system, including hereditary origin, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs

M05-M06; M16-M17; M30-M35; M45; Q72.0; Z89.7-Z89.9: Z99.3

Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs

G35; G60.0; G71.2; G80; T90.2-T90.9; T91.1; T91.3; Z99.3; Z99.8

Conditions after transplantation internal organs and bone marrow

Severe organic kidney damage complicated by grade II - III renal failure

* International Statistical Classification of Diseases and Related Health Problems (tenth revision).

People with disabilities can receive housing under a social rental agreement with a total area exceeding the provision rate for 1 person (but not more than 2 times). Condition - they suffer from severe forms of chronic diseases. A new list of the latter has been approved.

In particular, this is tuberculosis of any organs and systems with bacterial excretion, confirmed by the culture method. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations. Multiple skin lesions with copious discharge. Lack of lower extremities or diseases of the musculoskeletal system, including hereditary genesis, with persistent dysfunctions of the lower extremities, requiring the use of wheelchairs. Severe organic kidney damage, complicated by grade II-III renal failure.

The order is valid from the date when the previous list becomes invalid.

MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION

In accordance with article 51 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; 2008, N 30, Art. 3616) and subparagraph 5.2.107 of the Regulation on the Ministry of Health of the Russian Federation, approved by the decree of the Government of the Russian Federation dated June 19, 2012 N 608 (Collected Legislation of the Russian Federation, 2012, N 26, Art. 3526), ​​I order:

1. To approve the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment, according to the appendix.

2. This order shall enter into force from the date of entry into force of the resolution of the Government of the Russian Federation on recognizing as invalid the resolution of the Government of the Russian Federation of June 16, 2006 N 378 "On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment. "(Collected Legislation of the Russian Federation, 2006, N 25, Art. 2736).

SEVERE FORMS OF CHRONIC DISEASES IN WHICH

IT IS IMPOSSIBLE TO COMMUNITY OF CITIZENS IN ONE APARTMENT

<*>International Statistical Classification of Diseases and Related Health Problems (tenth revision).

In November last year, the Russian Ministry of Health approved List of diseases that give disabled people suffering from them the right to additional living space(Order of the Ministry of Health of Russia dated November 30, 2012 No. 991n). and the List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment (Order of the Ministry of Health of Russia dated November 29, 2012 No. 987n). … ..

Let us compare the new and existing Lists.

List of diseases that give disabled people, suffering from them, the right to additional living space.

Diseases listed in the List qualify for additional living space. The basis is Article 17 of the Federal Law of the Russian Federation "On Social Protection of Disabled Persons in the Russian Federation": people with disabilities can be provided with living quarters under a social rental agreement with a total area exceeding the provision rate per person (but not more than twice) if they suffer from severe forms of chronic diseases provided for by the list established by the federal executive body authorized by the Government of the Russian Federation. The current list of diseases was approved by Decree of the Government of the Russian Federation of December 21, 2004 No. 817, the text of the decree is posted on the website " Russian newspaper».

The new List of Diseases contains not only the names of diseases, but also codes in accordance with the International Classification of Diseases, 10th revision (ICD-10). The International Classification of Diseases contains classes (sections) of codes for diseases and conditions. The ICD is being developed by the World Health Organization and under its leadership, the classification is being revised.

In the new List, the wording of the clause on mental illness has changed significantly. If, according to the current List, the right to additional living space arises in the presence of "Mental illness requiring compulsory dispensary observation", then, according to the new List, such a right is granted in the presence of certain "chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations."

The formulation of diseases that give the right to additional living space to “wheelchair users” is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. The rest of the wording remained the same: such diseases, in particular, include organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and / or with dysfunction of the pelvic organs. The new List is supplemented with disease-specific codes, including the G80 code for cerebral palsy.

2. Mental illnesses requiring compulsory dispensary observation.

8.Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs.

2. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations: F01; F03 - F09; F20-F29; F30 - F33.

F01 - Vascular dementia

F03 - F09 - unspecified dementia; organic amnestic syndrome, not caused by alcohol or other psychoactive substances; delirium not caused by alcohol or other psychoactive substances, other mental disorders due to damage and dysfunction of the brain or medical illness; personality and behavioral disorders due to brain disease, damage, or dysfunction; organic or symptomatic mental disorder, unspecified.

8.Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs - G35; G60.0; G71.2; G80; T90.2 - T90.9; T91.1; T91.3; Z99.3; Z99.8.

G35 Multiple sclerosis

G60.0 Hereditary motor and sensory neuropathy

G71.2 Congenital myopathies

G80 Cerebral palsy

T90.2 Sequelae of fracture of skull and bones of face

T90.3 Sequelae of trauma to cranial nerves

T90.4 Sequelae of ocular injury to the periobital region

T90.5 Sequelae of intracranial injury

T90.8 Consequences of other specified head injuries

T90.9 Sequelae of unspecified head injury

T91.1 Sequelae of fracture of spine

T91.3 Sequelae of spinal cord injury

Z99.3 Dependence on wheelchair

Z99.8 Dependence on other auxiliary machinery and devices

A list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment.

If the family includes a patient suffering from a severe form of chronic disease from this List, then the family, subject to the conditions provided for by housing legislation, is recognized as in need of residential premises provided under social tenancy agreements; at the same time, housing must be provided out of turn; the area of ​​the premises may exceed the provision rate for one person, but no more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

The current list was approved by the Decree of the Government of the Russian Federation of June 16, 2006 No. 378, it can be seen on the website of the "Rossiyskaya Gazeta". The new Order significantly reduced the list of chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations. According to the current List, such diseases include the entire ICD-10 class "Mental and behavioral disorders" - F00-F99. This class includes, for example, block F70-F79 "Mental retardation", block F80-F89 "Disorders of psychological development", block F90-F98 "Emotional disorders, conduct disorders, usually beginning in childhood and adolescence." The new List is limited to diseases with codes F20-F29; F30-F33.

The section "Epilepsy with frequent seizures" is supplemented with the code G41 - Status epilepticus.

If at the time of registration of the family as needing residential premises, the child's illness was included in the List of Chronic Diseases in which it is impossible for citizens to live together in the same apartment, but this disease is absent in the new List, then this circumstance does not deprive the family of the right to an extraordinary receipt of housing. premises.

Excerpts from the List with decoding codes.

3. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations F00 - F99.

Decoding of codes (by blocks):

F00-F09 Organic, including symptomatic, mental disorders

F10-F19 Mental and behavioral disorders associated with substance use

F20-F29 Schizophrenia, schizotypal and delusional disorders

F30-F39 Mood disorders (affective disorders)

F40-F48 Stress-related neurotic and somatoform disorders

F50-F59 Behavioral syndromes associated with physiological disorders and physical factors

F60-F69 Disorders of personality and behavior in adulthood

F70-F79 Mental retardation

F80-F89 Developmental disorders

F90-F98 Emotional disorders, conduct disorders, usually onset in childhood and adolescence

F99 Unspecified mental disorders

4 epilepsy with frequent seizures - G40

3. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations F20 - F29; F30 - F33

F21 Schizotypal disorder

F22 Chronic delusional disorder

F23 Acute and transient psychotic disorders

F24 Induced delusional disorder

F25 Schizoaffective disorders

F28 Other nonorganic psychotic disorders

F29 Unspecified inorganic psychosis

F30 Manic episode

F31 Bipolar disorder

F32 Depressive episode

F33 Recurrent depressive disorder

4 Epilepsy with frequent seizures - G40 - G41

G41 Status epilepticus

Yes, Olga! We have already written about this in detail: disabled people and families with disabled children who need to improve their living conditions, registered after January 1, 2005, are provided with living quarters in accordance with Art. 17 ФЗ № 181-ФЗ "On social protection of disabled people in the Russian Federation", federal and regional housing legislation for these categories of citizens. There are federal Lists on the basis of which housing conditions can be improved for disabled people and their families - List of diseases that give disabled people suffering from them the right to additional living space (Order No. 991n of November 30, 2012 of the Ministry of Health of the Russian Federation); The list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment, approved by Order No. 987n of 29.11. 2012 of the Ministry of Health of the Russian Federation) and regional Lists approved by the relevant executive authorities. Since now, in each region of the Russian Federation, Lists of certain categories of citizens have been developed to whom living quarters in the region (city) are provided out of turn (this list is regulated by the corresponding articles of regional laws "On ensuring the rights of residents .... ( region specified) for living quarters "): request this List (List) from the local government that put you on the housing register, and carefully study it.

Sorry, I was wrong, Marina. Therefore - I repeat my answer:

Living spaces

I wish you good luck and patience.

Sincerely, Olga

Olga! I answer again:

Those in need of living quarters (in accordance with Part 1 of Article 51 of the RF LC) are also citizens who live in an apartment occupied by several families, if there is a sick person in the family suffering from a severe form of chronic disease, in which it is impossible to cohabit with him in the same apartment, and there is no other housing. In accordance with part 2 of the named article, such citizens Living spaces provided under social employment contracts out of turn. The problem is that the Housing Code of the Russian Federation, securing for the citizens listed in paragraphs 1 and 3 of part 2 of Art. 57, the right to receive housing out of turn, did not indicate the timing of the provision of such housing, i.e. there is no indication of the order of persons (for example, of an equal category in terms of morbidity, etc., conditions for the provision of housing).

In the List of severe forms of chronic diseases, in which it is impossible for citizens to live together in one apartment, approved by Order No. 987n of 29.11. 2012, Ministry of Health of the Russian Federation) included Epilepsy with frequent seizures (ICD code G40-G41).

If you have such a disease code, then d get included in the list of "extraordinary", which is drawn up in the housing commission of the local government. You can, of course, sue, and prove that the provision of residential premises out of turn does not imply the inclusion of a citizen in any queue, and the realization of the right of citizens to the extraordinary provision of housing does not depend on the presence (or absence) of other persons entitled to receive living space out of turn, or from the provision of housing to other people on the waiting list: from the time of registration as those in need of better housing conditions, and even more so - from the time of registration and inclusion in the list of extraordinary persons (by the local government).

I wish you good luck and patience.

WE ARE SUITABLE FOR FREE HOUSING? MOTHER A LONELY MOTHER WITH A LOT OF LOTS. STANDING IN COMMON.

Registration is carried out by a local government body on the basis of applications from citizens submitted by them at their place of residence. The registration of incapacitated citizens is carried out on the basis of applications for registration submitted by their legal representatives ", including guardians. The application must be accompanied by documents on the income of your family members and your own, as well as on the property owned by the family - land plot, garden house, car - i.e. all taxable property. This is necessary in order to recognize (or not recognize) you as poor and / or in need of housing.

One of the main social guarantees of the state is the protection of housing rights of unprotected segments of the population, including various categories of disabled people. In accordance with the norms of federal and regional legislation, the state has undertaken an obligation to provide housing for disabled people recognized as needing better housing conditions.

In the presented material, we will find out whether a disabled person can get an apartment from the state, and how housing programs operate that allow this category of citizens to receive housing for free.

Providing housing for disabled people

The opportunity to get housing for a disabled person is directly related to his registration as needing to improve living conditions. Unfortunately, the law does not allow you to get an apartment due to disability immediately upon contacting the authorized state bodies, for this you will have to comply with a number of mandatory formalities.

Currently, the provision of this category of beneficiaries with living quarters is carried out in the following areas:

  • social housing for disabled people at the expense of state or municipal housing stock;
  • subsidies for housing for disabled people, the amount of which does not depend on the number of family members, since funds are allocated only to the beneficiary himself.

For any option for obtaining housing, a disabled person needs to queue up by submitting an application to the local authority. The procedure and timing of the provision of apartments directly depends on the date of registration of a person, and is regulated by the Housing Code of the Russian Federation, Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people of the Russian Federation", as well as regional regulatory legal acts.

Social housing

Residential premises of the state or municipal fund are provided to citizens who are on the waiting list to improve their living conditions. This rule fully applies to people with disabilities of all groups.

The city queue is maintained by a local government body or an authorized body of municipal property. For registration, you must submit the following documents:

  • a statement from a disabled person;
  • documents confirming the absence of an apartment or the need for housing;
  • a certificate from the MSEC bodies on the establishment of a disability group;
  • a certificate on the composition of the family;
  • documents confirming the status of low-income citizens.

Regional legislation may establish a preferential queue for certain categories of citizens, including the disabled.

Affordable social housing appears at the disposal of local authorities through the construction of apartment buildings, the acquisition of individual apartments in the primary and secondary market, as well as through the use of quotas in commercial buildings.

Subsidies

Another option for improving the living conditions of people with disabilities is the allocation of subsidies from budget funds for the purchase of apartments. This method is available subject to the allocation of funds when the budget for the next year is approved. In order to allocate budgetary funds, a certificate for housing with disabilities is issued, which is strictly targeted.

The amount of the home purchase subsidy is calculated as follows:

the number of disabled people in the family is multiplied by the average market value of 1 sq. m. in the region of residence and is multiplied by the federal standard for housing provision (currently this criterion is 18 meters per person).

Important! The state provides housing only for the disabled person himself, no money is allocated for his family members. Families with disabled children are an exception.

In this direction, only a comfortable living space should be purchased, since the key rule is to improve the living conditions of citizens.

Eligibility for Housing Benefits

Which group of people with disabilities is entitled to housing? The disability group does not matter when deciding on the improvement of housing conditions; an official certificate of the MSEC will be a sufficient reason.

If the established disability group has a certain period of validity, the beneficiary will have to undergo an annual re-examination and submit a new certificate to local authorities. Benefits for children with disabilities for housing allow them to avoid this requirement, such a legal status is established for life.

In addition, the right to separate housing for a disabled person will depend on the nature of the underlying or additional medical condition, which is confirmed by medical reports. Also, the procedure for the implementation of benefits will differ depending on the timing of registration.

Procedure for granting benefits

If a disabled person is officially put on the waiting list before January 1, 2005, then he or she has the right to count on receiving funds from subventions that the constituent entities of the Russian Federation receive from the federal budget. At the moment, this procedure applies only to disabled people and veterans of the Second World War. At the same time, other categories of disabled people who were already in the queue as of 01.01.2005 have the right to receive housing under a social rental agreement.

If a disabled person is registered after January 1, 2005, then the procedure for providing him with an apartment is established in accordance with the Housing Code. Regional regulations may regulate additional preferential grounds for the priority allocation of housing to such a category of citizens.

Conditions for the provision of housing to persons with disabilities

The rules for providing housing to people with disabilities, or families in which children with disabilities are brought up, establish the grounds for registering them as those in need of better housing conditions:

  • the provision of housing for each family member is below the standards established by the legislation of the Russian Federation;
  • living in an apartment that does not meet sanitary and technical standards (for example, a disabled person, living on the top floor, has a priority right to move to the first floor);
  • living in a dwelling of several families, one of which has a person suffering from a severe form of the disease, as a result of which living together with him is dangerous for others;
  • a situation in which two or more families who are not relatives live in non-isolated rooms;
  • accommodation in a hostel, with the exception of persons working in seasonal work, on a fixed-term contract or in connection with training.

In accordance with part 2 of article 57 of the RF LC, one of the grounds for obtaining housing under a social rental agreement out of turn is the presence of a severe form of a chronic disease. That is, if the cause of the disability is a serious chronic illness, then the disabled person can apply for an extraordinary receipt of such a living space, and in some cases - for an additional extension of the living space.

List of diseases of disabled people for housing

The list of diseases that are taken into account when determining the privileged categories of citizens is regulated by the Decree of the Government of the Russian Federation No. 378 of June 16, 2006. Citizens suffering from the following diseases can apply for an apartment with an area larger than that established by federal standards:

  • active forms of tuberculosis;
  • mental illness in which dispensary treatment is mandatory;
  • HIV infection in minors;
  • large lesions of the skin with secretions;
  • leprosy;
  • other serious illnesses.

Required documents

Documents for registration are submitted to the relevant department of the local administration in person, or through a representative acting on the basis of a notarized power of attorney. The package of documents includes:

  • statement;
  • certificate confirming disability;
  • an extract from the house book;
  • personal rehabilitation program.

Depending on the basis of registration, you may also need: a document confirming the fact that several families live in one apartment; act of inspection of housing and living conditions; a certificate from the BTI, etc.

Accommodation for wheelchair users

Apartments for wheelchair users must meet certain requirements. The creation of such a housing stock is within the competence of regional and local authorities.

For example, within the framework of the “Social Support for Moscow Residents” program, new houses with apartments designed specifically for wheelchair users will be built in the capital. The project is scheduled to be completed by 2017. In such apartments, doorways will be expanded, sockets for electrical appliances will be at an accessible height, and the area of ​​balconies will increase.

Housing for disabled people fighting

In relation to this category of beneficiaries, a similar mechanism operates, which depends on the date of registration. A citizen has the right to count on receiving funds, based on the cost of 18 square meters in his region, if:

  • took part in hostilities on the territory of the USSR, Russia, as well as other states;
  • received wounds, contusions, mutilations in connection with serving in the ranks of the Armed Forces or other paramilitary formations;
  • registered as needy before January 1, 2005.

The form and procedure for submitting funds is determined independently in each region. In a situation where registration took place after January 1, 2005, there are no advantages for a disabled person in military operations, he will receive a dwelling on a general basis.

Additional housing benefits

In addition to these benefits, disabled people have the right to apply for additional measures of social support:

  • payments for the purchase of housing when applying for a property tax deduction (available to all citizens);
  • benefits for payment of utilities (the amount and grounds for the provision of these benefits are established at the local level).

It should be remembered that the exact list of benefits may vary depending on the region of residence of citizens. Detailed information, as a rule, can be provided by the bodies of social protection of the population.

If you have any questions about the allocation of housing to disabled people, or officials unreasonably refuse to exercise this right, we recommend that you contact our specialists for help. We will help you draw up all the necessary documents in strict compliance with the law. For consultation, call the hotline or leave a request in the feedback form.

ATTENTION! Due to the latest changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.


2021
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