Despite legislative guarantees, it is difficult in practice for an orphan to obtain housing Officials come up with various excuses, citing the queue and lack of funding from the treasury. As a result, you have to wait for the coveted square meters for years.
Meanwhile, not all orphans know about their right to receive housing without waiting in line. And in this case, the law is clearly on the side of the people. The only task is to competently use your own rights.
The best way out of the situation would be to go to court. Below you can see both a sample statement of claim and illustrative examples from judicial practice. At the very end, useful recommendations are given, repeatedly tested in practice.
How to get an apartment for an orphan
Let's take as a basis the situation when an orphan was previously officially registered as an apartment by the municipal government structure in charge of providing housing.
When an agreement for a specialized hire is not signed in the usual manner, there are 2 possible courses of action.
The first involves filing a complaint with the prosecutor's office regarding the actions of local authorities. If it is justified, the prosecutor himself will file a claim in the interests of the orphan for the provision of an apartment. There are many examples of this from judicial practice.
Also, a citizen interested in obtaining real estate has the right to file a claim independently.
Expert commentary
Kosykh Tatyana Viktorovna
Lawyer, registration number No. 50/8948 in the register of lawyers of the Moscow region.
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The defendant will be the local authority responsible for resolving the housing issue. A structure is involved as a third party, whose competence includes financing the future provision of residential premises.
DECIDED:
The claims of Victoria Leonidovna Dimitrova against the administration of the Komarichsky municipal district of the Bryansk region for the provision of housing under a rental agreement for specialized residential premises will be satisfied.
To oblige the administration of the Komarichsky municipal district of the Bryansk region to provide Viktoria Leonidovna Dimitrova, under a contract for the rental of specialized residential premises, with comfortable residential premises located on the territory of the Komarichsky municipal district of the Bryansk region, meeting sanitary and technical requirements.
The decision can be appealed to the judicial panel for civil cases of the appellate instance of the Bryansk Regional Court within a month.
Judge M.N. Baranov
Sample of a standard statement of claim for the provision of housing for an orphan
Conventionally, the claim can be divided into several blocks. The first of them contains general information about the parties to the dispute.
The following describes the grounds on which the author of the appeal has the legal status of an orphan, or a child forcedly left without the care of his mother and father.
Then they must write that a properly drawn up application was submitted to the local competent authority to register the person as an apartment. The results of its consideration are indicated in the narrative part.
To avoid any difficulties in preparing a claim, we provide an approximate example of it in relation to Moscow. However, the arguments can be extended to any other region of the Russian Federation.
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Lyublinsky District Court of Moscow
st. Maryinsky Park, 29
Plaintiff: Paramonova Tatyana Evgenievna
Pobediteley street, 14, apartment 25
Defendant: Lyublino District Administration of Moscow
st. Lyublinskaya, 53
Third party: Moscow Government
st. Tverskaya, 13
State duty: 300 rubles
Statement of claim for the provision of housing to a person with orphan status
Paramonova Tatyana Evgenievna, born on April 15, 2000, in accordance with the current legislation of the Russian Federation, belongs to citizens who are officially considered orphans. When she was just 3 years old, her mother died after an illness. She knows nothing about her father, since her mother wrote down his initials from her own words.
The Housing Code of the Russian Federation and Federal Law No. 159-FZ of December 21, 1996, which establishes social guarantees from the state for apartments for orphans and gives priority rights to these citizens to solve housing problems from a separate specialized fund.
As an orphan, the plaintiff at the time of presenting claims to the court is registered with the Lyublino Moscow City Council on a separate list. This is confirmed by decision No. 117 of January 15, 2015.
After reaching the age of majority, the plaintiff has a legal right based on Art. 8 of Law No. 159-FZ to receive housing without a queue.
The applicant currently resides permanently and is registered with his aunt. There are 4 more people living in the living space. Therefore, the conditions are considered unfavorable.
At the same time, the defendant did not provide housing from the specialized fund at the time of filing the claim. In response to a telephone call, outgoing notification No. 46 dated December 15, 2018 was received, according to which T. A. Paramonova is in line at No. 432.
I believe that having a waiting list for orphans is contrary to the law. Thus, housing for orphans should be provided immediately after reaching 18 years of age. Neither Article 8 of Law No. 159-FZ, nor the Housing Code of the Russian Federation provides for the formation of a priority order for people classified as orphans.
Based on the above information, relying on Article 8 of Federal Law No. 159, the provisions of the RF Housing Code, other norms of the current legislation
I ask the court:
1) Oblige the defendant to transfer, to Tatyana Evgenievna Paramonova, residential premises under a specialized rental agreement with an area not less than the social norms accepted in Moscow on an extraordinary basis at the expense of the city budget.
2) To recover legal costs from the defendant.
Application:
1) Receipt for payment of the required state fee.
2) Evidence confirming the status of an orphan.
3) Copy of decision No. 117 dated January 15, 2015 of the Lyublino City Council of Moscow.
4) A copy of the notice of placement in the queue.
5) A copy of the statement of claim with materials for the defendant and a third party.
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Plaintiff: T. E. Paramonova
Claim for the provision of an apartment to an orphan
New law and budget accounting for apartment purchases
As part of active legislation, each territorial unit has special programs, with the help of which the right to certain housing is realized. These programs may be characterized by some differences from one another in the number of premises that are provided for allocation.
Typically, provision of housing facilities for about 600 children is provided for one year.
The priority of this moment, judging by the statistics, is the construction of new residential buildings. The most important distributor of the money allocated is the Ministry of Construction and Infrastructure, which carries out its activities in one area or another.
Money is transferred from the regional budget, and the process of one or another construction is activated. The recipient of such money is the “housing construction fund”.
Until the beginning of 2013, special lists were created, which indicated children for whom it was necessary to provide housing.
Since 2013, the legislation has changed slightly and a new law on providing housing for orphans was introduced, and certain points were taken into account in some acts of the law.
After such betrayals, social policy specialists keep records of the above-mentioned individuals.
According to Article 2 of the Law (No. 17-OZ), in order to allocate premises, money is selected and tables are compiled. Includes children 14 years of age who are left without proper care.
The number of those requiring includes individuals who do not have social rented premises and are not part of the family of the renters.
Moreover, special standards are adopted - procedures, according to which an object is purchased or an object is purchased, which is included in the state housing fund of a certain region. It is this procedure that regulates the distribution of premises for orphans.
Judicial practice regarding the provision of housing in favor of orphans
Statistics on cases show that the majority of orphans' claims for housing It is important to correctly justify the corresponding social status.
Among other things, the courts pay attention to whether the person left without parents is included in the list compiled by the local government. If not, the claim will likely be denied.
Next, it is logical to give several examples from judicial practice. They will help stakeholders defend their interests.
Lack of budget funding is not a reason to refuse to resolve the housing issue
The prosecutor went to court with the local district administration on behalf of a girl left without parental care. He asked to provide her with comfortable premises on the basis of a special rental agreement based on the stipulated standards.
The lawsuit noted that the child’s mother and father were deprived of their parental rights ; at the moment, guardianship has been established over him, and he is registered with his elderly grandmother. In addition, the girl is included in the list of persons who must be legally provided with housing.
The administration representative recognized the citizen’s right to housing.
However, it was noted that several similar court decisions are currently being executed. At the same time, there are no funds in the budget to fully solve the housing problem that has arisen.
The Krasnoselsky District Court of the Kostroma Region, in its decision dated September 27, 2018 in case No. 2-342/2018, supported the prosecutor’s demands.
The judge noted that the provision of suitable living quarters to orphans and persons equivalent to them must be carried out immediately after their application. Lack of funding for housing from the budget is not grounds for refusal.
You must first register to receive housing.
The indicative case was considered by the Voroshilovsky District Court of Volgograd.
An adult citizen applied with a request to be included in the list of persons in need of residential premises for orphans. In the lawsuit, he explained that his mother refused to take him from the orphanage, and he did not know about his father.
In addition, he was assigned an official guardian for a long time, who did not take care of solving problematic housing issues. Therefore, the plaintiff believes that he has the right to claim living space provided for orphans and people left in life without parental care.
The defendant, an authorized local government body, objected to the claim addressed to him. The lawyer noted that the initiator of the appeal to the court did not submit the documents required for the provision of housing.
As a result, by decision dated October 29, 2018, case No. 2-2255/2018, the claim was completely rejected.
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Focus on local legislation
Regional authorities of the Russian Federation have the right to establish their own characteristics of providing places for the subsequent residence of orphans and persons equated to them. In this regard, courts must take into account regional legal acts.
An example is the decision of the Shadrinsky District Court of the Kurgan Region dated September 7, 2018 in case No. 2-1041/2018. In it, the court satisfied the prosecutor's claim brought on behalf of a citizen who was left without the care of her own parents.
The local administration objected to the requirements, citing the fact that there is a priority for the category of persons in question. However, the court rejected these arguments.
He ordered the defendant to provide the girl with living space with a total area of at least 15 square meters. These are the rules that apply to orphans in the Kurgan region.
There is no waiting list for orphans
Often, local authorities, when refusing assistance, refer to a list of orphans who actually need improved living conditions.
However, the courts clearly take the position that this list is not equivalent to a traditional apartment queue.
As an illustration, we can cite the decision of the Ilimpiysky District Court of the Krasnodar Territory dated 09/07/2018 in case No. 2-221/2018. He satisfied the prosecutor's claim brought in the interests of the orphan.
The judge pointed out that the formation of an official list for the purpose of providing housing does not mean establishing a sequential queue for it.
In addition, the decision noted that the lack of funding should not affect the mechanism for adequate provision of housing.
