22.11.2019

Categories of citizens receiving housing out of turn. The right to the priority provision of residential premises according to LCD RSFSR. Such the right possess


Lawyer Alexey Abramov is responsible for the readers of the magazine.

I stand together with my mother and brother since 1998 in line for improvement housing conditions. We are on three (minus existing housing) 32 square meters. M. Recently, in the district housing department, meters were calculated in a new way: taking into account the apartment, whose owner is my wife. As a result, it turned out only 24 square meters. m. Is it right? Why is the real estate, which belonged to his wife and before our marriage?

In accordance with the Law of Moscow of June 14, 2006 No. 29 "On providing the right of residents of the city of Moscow for residential premises" when making decisions on the provision of use or assistance in the acquisition of housing, the authorized bodies of the city's executive authority are inspected The applicants and members of their families of other residential premises for which they have independent use of or ownership (paragraph 5 of Article 21 of the Law).

Since the apartment of your wife is its sole property (purchased before marriage), then none of you has three of these residential premises the right to use and the more property rights.

Thus, I believe that the department took into account the living room of your spouse, without having legal grounds.

Five-story demolition, in one-bedroom apartment Five people are prescribed under the social contract. Russell the house began in 2008 familiar Dali Council urgently filmed from the queue. Say, if you are not waiting, the settlement will be at a social norm - 18 square meters. m per person. Sounds somehow doubtful, maybe you know something about it?

In accordance with Art. 13 of the Law "On Supporting Housing Rights of Citizens in the resettlement and release of residential premises (residential buildings) in the city of Moscow" to citizens who liberate premises occupied under social hiring agreements and consistent with housing, with their consent, housing conditions are improved in order of priority. This takes into account the date of recognition by them in need of improving housing conditions or in residential premises.

If citizens refuse to improve housing conditions, they are provided with residential premises, equivalent to common Square occupied. Such citizens continue to consist of housing accounting before the queue approach.

My husband and his daughter from the first marriage are registered in the Moscow region in an unsuccessful apartment. I am waiting for a child, whom we plan to register there. Tell me, please, can we queue on the expansion of the area or is it only for Moscow? Now the apartment is 45 square meters. m, three will be spelled out.

In order to stand up for housing, it is necessary to be recognized by poor, and also have a housing area less accountable.

The size of the accounting norm in each region of the Moscow region is established by the local government body. For example, in the Pushchino or anniversary norm - no more than 10 square meters. m. Therefore, if in one of these cities in an apartment of 45 square meters. We live three people, they cannot count on improving housing conditions.

I am an adult. I live with my parents and family sisters (she, husband, child) in a communal apartment. We occupy two rooms of three. We are in line for improving housing conditions since 1990 Should we provide an apartment in our area? What options are possible? We can get three one-bedroom apartment Or two-room and odnushku?

The preservation of the area of \u200b\u200bresidence is valid only for those citizens who move from houses to be demolished. All other housing is provided within Moscow.

Your family will allocate accommodation in the norm of providing at least 18 square meters. m for each family member (when the queue is suitable). The law says that the requirements of citizens not based on the norms of federal legislation and the legislation of the city of Moscow, about providing residential premises in a particular place, house, on the floor, at a specific address, not subject to satisfaction with a certain number of rooms.

Family stood in line for improving housing conditions. Recently, the housing was provided, but each person accounts for less than the established standard. Will the family be removed from the queue?

In general, the provision rate is 18 square meters. m per family member.

The grounds for removal from housing records are indicated in Art. 15 of the Law of Moscow "On ensuring the right of residents of the city of Moscow for residential premises":

In case of departure for permanent residence outside the city of Moscow;

- with the change in the housing conditions of residents of the city of Moscow, recognized as in need of improving housing conditions, as a result of which the grounds disappeared to provide in use or acquiring property with the help of the city of Moscow residential premises (as they gave less laid, I believe that you cannot remove housing accounting);

- if the foundations are loss to obtain residential premises under social hiring agreement or gratuitous use residents of Moscow, recognized as needed in residential premises;

- when listed in the prescribed procedure, subsidies;

- when identifying the authorized bodies of the executive power of the city of Moscow, information that is not relevant to the specified in the statement, as well as in the documents submitted by the applicant;

- when identifying the authorized bodies of the executive power of the city of Moscow, cases of illegal actions officials when setting for housing records that led to the unreasonable adoption of citizens for housing accounting;

- when submitting an authorized authority of the executive authority of the city of Moscow of a personal statement of removal from housing or in the case of providing residential premises in accordance with this Law;

- in other cases stipulated by the federal legislation and the legislation of the city of Moscow.

In connection with the resettlement of our house, give an apartment under the social contract. We collected all the references, as required, waiting. But the fact is that I will soon be married, marriage is scheduled for that period when the social machine contract is not yet ready. If I get married and change the surname, you will have to redo all the references and wait again another contract? What to do better? Maybe postpone registration?

I think that the marriage is not worth postponing. After all, even if you change the surname, your maiden name will be indicated in the marriage certificate. You can prevent a copy and original of this testimony. Thus, your marriage will not affect the receipt of the apartment.

I am an orphan, standing in the queue for housing, is already included in the consolidated list. Far relative wants to register me in his apartment. Will I lose the right to social housing in this case? I am a single mother, can it somehow affect the area of \u200b\u200bthe provided room?

The right to residential premises for orphans is fixed in Art. 8 of the law "On additional guarantees on social support for orphans and children left without parental care", it does not depend on the availability of registration. If you all right out on your question, the registration will not be the basis for removing you from the queue.

The status of a single mother will not affect the housing area.

Lee has the right low-gloring family (which owned an apartment in emergency house) For housing out of turn? The city administration refused on the basis of the availability of housing in the property. Should I contact the court?

I think that it does not make sense to apply to the court.

In accordance with paragraph 2 of Art. 57 LCD of the Russian RF, out of turn of the apartment are provided under social employment contracts to citizens, whose living quarters are recognized as prescribed to accommodate and repair or reconstructions are not subject to. You do not feel about employers, as you are owners of housing.

Each citizen of the Russian Federation the right to housing is guaranteed by Article 40 of our Constitution. Today, free accommodation, as before, receives those citizens (in turn), which most acute need it. True, getting an apartment for such a scheme is not easy. What documents should be collected to get housing for free and how to do it?

Who claims free apartment, and who can get free accommodation out of turn in Russia

At the moment, free housing from the state (respectively, №29 from 14/06/06) can be calculated under the following conditions:

  1. The family is recognized as low-income (low income).
  2. The size of the family of housing family is below the accounting rate for each family member. It is worth noting that this norm is set separately by region. For example, in Moscow - 10 kV / m per 1 member of the family, and in Vladivostok - 13 kV / m. Note: In the process of determining the field of housing, the family also takes into account the area of \u200b\u200bthe real estate, which is owned by everyone.
  3. Old state of housing, where the family lives. Either the house is not subject to repair and is recognized as a special commission unsuitable for living. The decision on "accidents" at home is made by the executive authorities.
  4. Accommodation in common with the family of Square (communal apartment) of a chronically ill with a severe form of illness. The list of such diseases in Resolution No. 378 from 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 water supply, baths, stoves, etc.
  6. The lack of ownership of family members of any real estate in the presence of the right to accommodation in the Russian Federation.

On a note:

Only those citizens are in turn, which are recognized as poor and in dire need of improving housing conditions. The status of an apartment (state / owned) does not matter - financial inconsistency is of the greatest importance. It is also worth noting that families who are registered even before the adoption of the new LCD (until 2005), do not have to prove its financial inconsistency. But for those who get queued today, this fact will have to confirm the solid package of documents.

Free accommodation out of turn - who has the right?

  1. Persons whose housing, according to the established procedure, was officially recognized as unfit for living, as well as injective repair / reconstruction.
  2. All children-orphans.
  3. All children who remained without parental care.
  4. All persons, in the history of which are chronic severe diseases that are harmful to health surrounding.

Full list of documents queued for free apartment

If you have grounds for obtaining the status of "waiting" and presentation of free housing, prepare package of documents for the Housing Commission:

  1. Statement (sample). It must be signed by each member of your family older than 18 years old who wish to receive the status of "needy", and is certified in the Department of Institution / Registration Registration (in your place of residence).
  2. Passport of the Russian Federation applicant and all family members + photocopies of the desired pages (marital status and children, photos with a place of residence, information about previously issued passports). IN this case, family members are a husband (spouse) and their children under 18, or those who live together with them and have other signs of kinship, or those who live with the applicant, including the Universes on the Square as a family members by the court decision .
  3. All documents (+ copies), defining / confirming the composition of the family, related relationships, etc. That is, the bond on birth / marriage or divorce, all relevant court or guardianship solutions, etc.
  4. Form 7 and 9 (both are valid only 1 month).
  5. Extract from the personal account of the number of residents (validity period - 1 month).
  6. Extract from the USRP with information on the presence / absence of the applicant and family members of the family (a certificate is provided separately to each, the validity period is 1 month).
  7. Documents that are the basis for registration of the applicant and family members on their square: a donation agreement or transfer to property, an order or a contract of socialism, etc.
  8. Information about income - for the last 12 months, for each family member: Documents on scholars and manuals, reference of the amount of pension, all references from work, etc. In the absence of work: Original + copy labor book (assure in advance in the personnel department); The statement (I did not work anywhere, I did not have income, I lived on a dependency of this and then), certified by a notary; Help from the employment center (which was the fact of obtaining / non-treatment of unemployment benefits).
  9. Package of documents / certificates with information on the value of the entire property owned (property taxable) from the applicant and other family members. That is, a certificate from PIB, a document from the Committee on Land Resources and Land Management (about the regulatory price of the site), a document with an assessment of vehicles available in the property (take in 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 to provide residential premises (originals + copies). That is, all documents about disability, certificates, etc.
  11. Inn + SNILS (also originals + copies) - for each (if available).
  12. Certificates about the state of the residential premises (conclusions, acts, etc.) - for those faces that inhabit the indestructible room.
  13. Documents on those residential suitable for permanent residence The premises that are outside the city, which serves a statement (necessarily for each family member, if there is such housing).
  14. Documents on housing security and the fact of residence in the 1st of the cities of the Russian Federation on the legitimate basis of 10 years (certificate of registration record).
  15. Package of documents / information on the right to receive housing is out of turn (if there is such a right). May be needed the following documents: Act of the Interdepartmental Commission that housing for residence is unsuitable (at Art. 57, paragraph 2, paragraphs.1 of the LCD), certificates from the medical institution (at Art. 57, paragraph 2, PP.3 LCD), document from organs Guards (at Art. 57 p.2, PP.2 LCD).
  16. A package of documents that the recognition of a citizen (citizens) poorly. The decision of such a recognition issues the management of social protection population. In addition to him, it will be useful: 2-NDFL, certificates of scholarships / pensions, about children's benefits, etc., that is, all documents and references, which are confirmation of revenues in the last 2 years.
  17. If the documents are submitted by the applicant's trustee: envelope with paper folder; Power of attorney (issued in the prescribed manner), passport.

See also: Federal Target Program Residence 2011-2015

Where to go and how to queue on social housing - instruction

The first step towards the status of "waiting" for free housing is the official recognition of the family of the poor. This decision is made if the income of each adult family member is below subsistence minimum. Also taken into account the availability of real estate and car tax. After recognizing the family of the poor and destination of the state / social / manual, it is possible to start the difficult (alas) path, which, with a successful circumstance, will be crowned with free housing. Where to start, and what should be remembered?

How to stand on line - instruction.


  1. We specify the full (according to your region and in your case) a list of references / documents and the application form.
  2. Submit documents together with a statement to local governments at the place of residence.
  3. We are waiting until the Special Commission decides whether documents are considered about 1 month). When receiving the status of the "waiting" or, on the contrary, if you refuse you will send a written answer (within 3 days). Possible reasons for refusal - exceeding the aggregate family income in comparison with the norms corresponding to the status of "poor", intentional worsening of housing conditions (strangers in your apartment, sharing a large area to smaller, etc.).

If there are no grounds for extraordinary housing, then you will assign the status of the waist, and already in the usual queue you will expect keys from free housing.

Why can be removed from accounting or shifting the queue back - reasons:

  1. Submitting an application for deregistration.
  2. The loss of foundations that gave the right to free housing.
  3. Change of residence with subsequent accommodation in another municipality.
  4. Getting from the state for the purchase / construction of housing or a plot for the construction of the house.
  5. Identify false information in the documents.
  6. Changes in family composition or housing conditions.
  7. The loss of grounds for social.
  8. Indeed deterioration of housing conditions.
  9. 3 refusal of the proposed housing.

On a note:

Property / Housing conditions of waits are checked by the authorities:


Tell me why we are not going to get housing. Since in the LCD of the Russian Federation there is no indication for a period during which the housing should be provided out of turn, it will be allocated with the established priority on the list of extraordinary accounts, which is formed and is conducted by the local government body in accordance with the law of the Russian Region. In some cases, the courts of general jurisdiction in the consideration of lawsuits about the provision of housing is out of turn, despite citizens' existing right to receive housing out of turn, refused to citizens in meeting their requirements.

List of diseases giving the right to extraordinary housing

LCD RF). Reference. Scroll heavy Forms Chronic diseases to severe forms of chronic diseases in which citizens suffering from them are entitled to get a residential premises without a queue include (a list, approved. Decree of the Government of the Russian Federation of 16.06.2006 N 378): - active forms of tuberculosis with the release of mycobacterium tuberculosis; - malignant neoplasms, accompanied by abundant discharge; - chronic and protracted mental disorders with severely persistent or often exacerbating painful manifestations; - epilepsy with frequent seizures; - gangrene limbs; - gangrene and necrosis of the lung; - lung abscess; - Hangrenous pyodermia; - multiple skin lesions with abundant separated; - intestinal and urethral fistula.
3.

Extraordinary receipt of housing

The current list is approved by the Decree of the Government of R. F. dated 16.06.2006 No. 378, it can be seen on the site " Russian newspaper».

A new order is significantly reduced by a list of chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations. According to the current list, the entire class of MKB-10 "Mental disorders and disorders of behavior" includes such diseases - F00-F99.


This class includes, for example, a block F70-F79 "mental retardation", block F80-F89 "Psychological Development Disorders", block F90-F98 "Emotional disorders, behavior disorders that usually begin in children's and adolescent age." A new list is limited to diseases with F20-F29 codes; F30-F33.
The "epilepsy with frequent seizures" section is supplemented by the G41 code - epileptic status.

Who has the right to receive housing out of turn?

Children with disabilities - orphans or without parental care, living in social service organizations This category of citizens is subject to providing residential premises out of turn upon reaching the age of 18 years, if the individual program of rehabilitation or abbreviation disabled provides for self-service and conduct an independent lifestyle (Art. 17 of the Law of 24.11.1995 N 181-FZ). 4. Pedagogical workers who are registered as in need of residential premises This category of citizens has the right to provide out of the amount of residential premises under social employment contracts, as well as the right to provide residential premises of a specialized housing stock (p.
6 h. 5 tbsp. 47 of the Law of December 29, 2012 N 273-FZ). five.

Forum of legal mutual assistance of military personnel

The text of the decision was published in the "Russian Gazette" dated June 21, 2006. Lovely housing, according to Part 4 of Art. 51 Housing Code of the Russian Federation by citizens in need of residential premises provided under social accommodation agreements are recognized by the tenants of residential premises under social employment agreements, members of the family of residential premises under a social hire agreement or owners of residential premises, family members of the owner of residential premises living in the apartment Especially occupied by several families, if the family has a patient, suffering from a severe form of chronic disease, in which a joint accommodation with it is impossible in one apartment, and who have no other residential premises held under a social hiring agreement or owned by the right of ownership.

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Important

Lists. The list of diseases that give people with disabilities, suffering from them, the right to an additional living area of \u200b\u200bthe disease, listed in the list, provide the right to receive an additional residential area. The basis is Article 17 of the Federal Law R. F. "On Social Protection of Disabled in Russian Federation»: People with disabilities may be given a residential premises under a social hiring agreement with a total area that exceeds the provision of one person (but not more than twice) if they suffer from severe forms of chronic diseases stipulated by the list established by the authorized government of the Russian Federation federal executive authority. Diseases of giving the right to extraordinary receipt Housing No. 181-FZ "On the social protection of persons with disabilities in the Russian Federation" (Meeting of the legislation of the Russian Federation, 1995, No. 48, Art.

List of diseases giving the right to extraordinary housing

When providing residential premises under social accommodation agreements to citizens who are registered as needing residential premises should take into account the fact that they suffer from severe forms of chronic diseases are out of turn (Part 3 of Art. 57 of the Housing Code of the Russian Federation). However, only those citizens who were adopted for housing after March 1, 2005 can implement such a right after March 1, 2005 - i.e.
After the entry into force of the Housing Code of the Russian Federation, which has established the relevant benefit. Citizens suffering from diseases from this list and adopted for housing up to March 1, 2005 cannot have on the basis of the Decree of the Government of the Russian Federation of June 16, 2006 N 378 right to extraordinary receiving residential premises.

Diseases giving the right to extraordinary housing

The wording of diseases providing the right to additional living space by wheelchairs is supplemented with arthropathic psoriasis requiring the use of wheelchairs. Otherwise, the formulation remained the same: such diseases, in particular, include organic diseases of the central nervous system with a persistent impaired function of the lower limbs that require the use of wheelchairs, and (or) with a violation of the function of the pelvic organs.
The new list is supplemented by codes of specific diseases, including the G80 code, denoting children's cerebral paralysis. Exposures from the list with decoding codes Active list 2.Secic diseases requiring mandatory dispensary observation.

Attention

At the same time, the procedure for the simultaneous use of these two acts is currently not defined. The presence of a citizen of the disease that is 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 residential premises and delimile.

So, in accordance with Part 6 of Art. 73 Housing Code of the Russian Federation Exchange of residential premises between the employers of these premises under social hiring agreements is not allowed if the exchange in municipal apartment A citizen suffers from one of the severe forms of chronic diseases provided for in the mentioned list. And according to part 4 of Art. 76 Housing Code of the Russian Federation The delivery of residential premises in the subjection is excluded in the establishment of persons suffering from one of the forms of chronic diseases listed in the list approved by the Decree of the Government of the Russian Federation of June 16, 2006.

Diseases giving the right to extraordinary housing servicemen

In 2012, the Ministry of Health of Russia approved a list of diseases that give people with disabilities, suffering from them, the right to an additional living area (order of the Ministry of Health of Russia of November 29, 2012 No. 987n) and a list of severe forms of chronic diseases in which the joint residence of citizens in the same apartment is impossible (the order of the Ministry of Health Russia dated November 30, 2012 No. 991n). Documents in force did not entered and will be applied only after the abolition of currently current lists (approved by the Decree of the Government R.

F. dated December 21, 2004 No. 817 and Decree of the Government of R. F. dated 16.06.2006 No. 378). The texts of the new orders and the programs approved by them can be seen on the Russian Newspaper website: here and here. Compare new and existing lists.
Housing Code of the Russian Federation). The current list was approved by the Decree of the Government of R. F. dated 16.06.2006 No. 378, it can be seen on the website of the Russian newspaper.

A new order is significantly reduced by a list of chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations. According to the current list, the entire class of MKB-10 mental disorders and disorders of the F00-F99 belongs to such diseases.

This class includes, for example, a block F70-F79 mental backwardness, a block F80-F89 disorder of psychological development, block F90-F98 Emotional disorders, behavior disorders, usually starting in children's and adolescent age. A new list is limited to diseases with F20-F29 codes; F30-F33. The epilepsy section with frequent seizures is supplemented by the G41 code epileptic status.

LCD RF. Article 57. Providing residential premises under social employment contracts to citizens who are registered as in need of residential premises

1. Residential premises are provided to citizens who are registered as needing residential premises, in order of priority on the basis of the time of adoption of such citizens to record, with the exception of cases established by Part 2 of this article.

2. Outside the residential premises under social employment contracts are provided:

1) citizens whose living quarters are recognized in the prescribed manner unsuitable for accommodation and repair or reconstruction are not subject to;

3. Citizens who are registered as in need of residential premises, residential premises under social hiring agreements are provided on the basis of solutions of the local government body. Decisions on the provision of residential premises under social hiring agreements are issued or are sent to citizens in respect of which these decisions are accepted, no later than three working days from the date of decision-making decisions.

4. The decision to provide residential premises under a social hiring agreement, adopted in compliance with the requirements of this Code, is the basis for the conclusion of the relevant social hiring agreement on the time set by this decision.

5. Under the social hiring agreement, residential premises should be provided to citizens at their place of residence (within the boundaries of the relevant settlement) The total area of \u200b\u200bone person is equally the provision rate.

(see text in the previous edition)

6. Rooms under social hiring agreements can be provided only in the case provided for by part 4 of Article 59 of this Code.

7. When determining the total area of \u200b\u200bthe residential premises provided under a social hiring agreement, a residential premises in the property is taken into account by the area of \u200b\u200bresidential premises in its property.

8. When providing a citizen of the residential premises under a social hire agreement, actions and civil law transactions with residential premises are taken into account, which led to a decrease in the size of the residential premises or their alienation. These transactions and actions are taken into account for the period established by the law of the Russian Federation, preceding the provision of a citizen of residential premises under a social hiring agreement, but not less than five years.

9. The procedure for determining the total area of \u200b\u200bthe provided residential premises in cases specified in paragraph 8 of this article is established by the legislation of the constituent entities of the Russian Federation.

One of the main social guarantees of the state is to protect the housing rights of unprotected segments of the population, including various categories of persons with disabilities. In accordance with the norms of federal and regional legislation, the state assumed the obligation to ensure the housing of the persons with disabilities recognized as needed in the improvement of housing conditions.

In the submitted material, we find out whether the disabled can get an apartment from the state, and how they act housing programsallowing the specified category of citizens for free to get housing.

Providing housing disabled

The opportunity to get housing with disabilities is directly related to registration as in need of improving living conditions. Unfortunately, the law does not allow to get an apartment for disability immediately when contacting authorized state bodiesFor this, you will have to observe a number of mandatory formalities.

Currently, ensuring the specified category of beneficiaries by residential premises is carried out in the following areas:

  • social housing for persons with disabilities at the expense of the state or municipal housing stock;
  • subsidies for housing for disabled, the size of which does not depend on the number of family members, as the cash is allocated only on the beneficiale itself.

For any option for receiving housing, a disabled person needs to be in a queue by submitting an appropriate application to the local authority. The order and deadlines for the provision of apartments directly depends on the date of state registration, and is regulated by the Housing Code of the Russian Federation, Federal law From 11/24/1995 No. 181-FZ "On the 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 in a queue on improving housing conditions. This rule fully applies to disabled people of all groups.

The city stage is conducted by the local government or authorized body municipal property. For registration, the following documents must be submitted:

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

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

Preferential social housing appears at the disposal of local authorities by erection apartment houses, Acquisition of individual apartments on the primary and secondary market, as well as as a result of using a quota in commercial buildings.

Subsidies

Another option to improve the housing conditions of persons with disabilities is to allocate subsidies at the expense of budgetary funds for the purchase of apartments. This method is available subject to the allocation of funds when approving the budget for the next year. To highlight budget funds, a certificate of disabled persons on housing is issued, which is strictly targeted.

The size of the subsidy when buying housing is calculated as follows:

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

Important! The state provides housing only the person himself, the money is not allocated for the members of his family. The exceptions are families where children with disabilities are brought up.

In this area, only a well-maintained residential premises should be purchased, since the key rule is to improve the living conditions of citizens.

Right to housing benefits

What group of people with disabilities is housing? A disability group does not matter when solving the issue of improving housing conditions, a sufficient basis will be the official certificate of MCEC.

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

In addition, the right to separate housing for the disabled will depend on the nature of the main or additional disease, which is confirmed by medical conclusions. Also, the procedure for implementing benefits will vary depending on the timing of registration.

Procedure for granting benefits

If the disabled is officially delivered to January 1, 2005, he has the right to expect funds from subventions that the subjects of the Russian Federation receive from federal budget. On the this moment Such order is valid only in relation to the disabled and veterans of the Second World War. At the same time, the remaining categories of persons with disabilities, which have already been listed in the queue on 01/01/2005, have the right to get housing under a social hiring agreement.

If the disabled is registered after January 1, 2005, the order of submission to him the apartment is established in accordance with the Housing Code. Regional regulatory acts Additional preferential bases may be regulated for the priority allocation of housing such a category of citizens.

Conditions for the provision of housing persons with disabilities

The rules for the provision of housing disabled, or families in which children with disabilities are brought up, establish grounds for registering as needing improvement in housing conditions:

  • housing security for each family member below the standards established by the legislation of the Russian Federation;
  • accommodation in an apartment that does not meet sanitary standards (for example, a disabled person, living on the top floor, has a priority right to relocate for the first floor);
  • accommodation in the residential premises of several families, in one of which has a person suffering from a severe form of the disease, as a result of which a joint accommodation with it is dangerous for others;
  • the situation in which two or more families live in uninsulated rooms, which are not relatives;
  • accommodation in the hostel, with the exception of persons working in seasonal work, under an urgent contract or in connection with training.

In accordance with Part 2 of Article 57 of the LCD of the Russian Federation, one of the foundations of obtaining housing under a social hire agreement is out of turn is the presence of a severe form of chronic disease. That is, if the cause of disability is a severe chronic disease, the disabled may apply for an extraordinary receipt of such a dwelling, and in some cases - for additional expansion of the housing.

List of disabled diseases for housing

A 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 16.06.2006. Citizens who suffer from the following diseases may apply for an apartment with an area of \u200b\u200bmore than established by federal standards:

  • active forms of tuberculosis;
  • mental illness at which there is necessarily dispensary treatment;
  • HIV infection in juvenile;
  • large lesions of skin with discharge;
  • leprosy;
  • other severe diseases.

Required documents

Documents for registration are submitted to the appropriate department of the local administration personally or through a representative acting on the basis of a notarial power of attorney. Package of documents includes:

  • statement;
  • a certificate confirming disability;
  • discharge from the house book;
  • personal rehabilitation program.

Depending on the basis of registration, it may also be necessary: \u200b\u200ba document confirming the fact of residence in one apartment of several families; act of survey of housing and living conditions; Help from BTI, etc.

Housing for wheelchair

Apartments for disabled wheelchairs must comply with certain requirements. Creating a similar residential foundation Included in the competence of regional and local authorities.

So, for example, as part of the program "Social support of Moscow residents", new homes with apartments designed specifically for wheelchairs will be built in the capital. The project is planned to be completed until 2017. Door openings will be expanded in such apartments, outlets for electrical appliances will be at an affordable height, the area of \u200b\u200bbalconies will increase.

Housing disabled hostilities

With respect to this category of beneficiaries, there is a similar mechanism, which depends on the date of registration. Citizen has the right to count on receipt moneyBased on the cost of 18 square meters In its region, if:

  • participated in hostilities on the territory of the USSR, Russia, as well as other states;
  • injured, contusion, injury due to service in the ranks of armed forces or other militarized formations;
  • he registered as a needy before January 1, 2005.

The form and procedure for presenting funds is determined in each region independently. In a situation where registration occurred after January 1, 2005, it does not arise for the disabled person of hostilities, it will receive a living room on the general basis.

Additional housing benefits

In addition to these benefits, people with disabilities have the right to claim additional measures of social support:

  • payments for the purchase of housing when applying for the provision of property tax deduction (available to all citizens);
  • benefits by payment communal services (The size and foundation of the provision of these benefits is set at the local level).

It must be remembered that the accurate list of benefits may vary depending on the region of residence of citizens. Detailed informationAs a rule, the social protection bodies can be provided.

If you have any questions about the allocation of housing disabled, or officials are unreasonably denied the implementation of this right, we recommend to seek help to our specialists. We will help make everything required documents In accurate compliance with the law. For consultation, call hot line Or leave an application in the form of feedback.

ATTENTION! In connection with recent changes In the legislation, the information in the article could endure! Our lawyer will consult you free - write in the form below.


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