Is a disabled child entitled to an apartment in Moscow in 2021?

Legislative aspects

The main legislative act allowing citizens with disabilities to receive square meters from the state is Art. 17 Federal Law dated November 24, 1995 No. 181-FZ. It says the following:

• Adult disabled people and families raising children with disabilities can apply for housing upon registration before 01/01/2005.
• Regional authorities have the right to independently determine the legal form of providing real estate - under a social lease agreement or into the ownership of a benefit recipient.
• If a disabled person suffers from a severe form of the disease, he may be allocated housing with an area exceeding the standards established in the region, but not more than twice.
• Residential premises must be equipped with everything necessary in accordance with the needs of the disabled person and his rehabilitation program.
• Disabled minor orphans living in government institutions, upon reaching 18 years of age, are provided with housing on a priority basis if it is established that they can care for themselves.
• If a disabled person or a family with a disabled child lives in an apartment under a social rental agreement, they are given a 50% discount when paying for rent, housing maintenance, current repairs and metering services.

Important! The norms of Federal Law No. 181 are relevant only for those who registered before January 1, 2005. If registration was completed after the specified date, you must be guided by the provisions of Art. 57 Housing Code of the Russian Federation.

According to Art. 57 of the Housing Code, the decision to provide housing to a citizen or family with a disabled child under a social tenancy agreement is made by the municipal body (administration). Real estate is allocated only at the place of registration of the beneficiary. If he is registered in one city and submits an application in another, such a request cannot be granted.

What is a social norm? How is it calculated?

The social norm is the minimum necessary housing that must be allocated to the population when the housing stock is distributed among them.

Social norms reflect the minimum amount of space a person needs to live comfortably. This is the main reference point for those who are responsible for allocating housing subsidies and housing under other programs.

The norm is tied to several factors, including:

• Information about what types of accommodation premises belong to.
• Data on the provision of housing to the population, taking into account the characteristics of a particular region
• Information about how many people make up the family.

Who can apply for housing

The mere presence of a child’s disability is not a basis for providing a family with housing. It is necessary that she be registered as in need of improved living conditions: only after this the property can be allocated.

Providing housing for a family with a disabled child is possible in the following cases:

• The existing real estate does not meet the established standards for each family member in terms of area. These standards are approved by regional authorities. For example, in Moscow the standard living area is 18 sq.m. for one person.
• The apartment is in poor sanitary or technical condition. This does not include deterioration of sanitary conditions due to the fault of the owners. For example, this is possible if dampness forms on the walls due to the fault of the management company or developer.
• Several unrelated families live in the same living space.
• The presence in the family of a person with a disability due to a serious illness, if he requires a separate room.
• Lack of a separate room for the child if the family lives together with strangers.

The most important condition is that parents or minors do not own housing. If it exists, when calculating social standards for “square”, its area will also be taken into account. As a rule, in such cases, social security will reject applications if it is determined that it complies with established standards.

Example No. 1: calculating the size of living space for a family of beneficiaries

A family with a disabled child lives in Moscow. According to local legislation, each person must have at least 18 sq.m. living space when allocating real estate from the state.

The family does not own their own home; the parents rent an apartment. The total income of all members is 60,000 rubles, rental expenses are 30,000 rubles. The rest is spent only on food.

One of the parents applied to Social Security in 2021 to register for the purpose of allocating real estate. When it was their turn, citizens were given a list of addresses where an apartment could be provided.

As a result, beneficiaries were allocated housing with an area of ​​52 sq.m., which exactly corresponds to the norm of 18 sq.m. per person living in it.

Important! Disabled people are not entitled to priority housing. The exception is citizens who, for medical reasons, must live in separate isolated premises. In all other cases you will have to wait your turn.

Federal norm standards

At the level of federal legislation, the rules are defined as follows.

6 square meters per person is the norm for living space, according to sanitary rules.

Social norms for total area are calculated as follows:

1. If there is one tenant living alone, he is allocated an area equal to 33 square meters.
2. 42 squares is the minimum required for two people.
3. If a family consists of three people, then each of them should receive at least 18 squares. But in any case, they must receive at least 16 squares at their disposal.

How to register as needy: step-by-step instructions

The registration procedure consists of several stages:

1. Collection of documentation. Parents or other legal representatives of a disabled minor must do this themselves.
2. Providing documents and applications to Social Security.
3. Consideration of the appeal. The government agency is given 30 calendar days to do this, after which the applicant is sent a notification with the decision made. During the process, Social Security may send a commission to check living conditions.

When it’s their turn, citizens are notified by phone or in writing. You need to visit Social Security and get a list of addresses where housing can be allocated. In some regions, beneficiaries' right to choose is limited.

If a family has two children of different sexes over 9 years old, the apartment is allocated taking into account the provision of different rooms for them.

Documentation

To successfully register for an account you will need:

Social security may require an additional package of documents. They must be submitted within the specified time frame. If the family is registered as low-income, confirmation of this status will be required.

Grounds for refusal

One of the main reasons for refusal to register for public housing is the lack of rights to it. There may also be other factors:

“One of the priority areas of the state’s social policy is to provide normal housing for people with disabilities and children with disabilities. Social authorities are trying to do everything possible to move the queue forward as quickly as possible, but the number of families in it in 2021 exceeded tens of thousands.”

S.O. Grigoryan, head of the Department of Social Protection of Troitsk, Chelyabinsk region.

What else should you consider?

Over the past few years, this area in the legislation of the Russian Federation has undergone virtually no changes. If the norms become different, it is only within a specific region; the amount of change is rarely large. But more often than not, even other cities repeat the same rules that apply in Moscow.

Rationing of living space began in our country since the times of the USSR. And many of the rules in force at that time are still applicable to practice today. Even after changes, they are simply transferred to new documents. Only the government bodies responsible for editing in a given case change.

It is worth considering that some categories of citizens have the right to receive compensation. For example, if they and their family members were injured during the accident at the Chernobyl station. Compensation is especially relevant for those who are interested in the opportunity to save on utility bills. Labor veterans who permanently reside in housing stock also have this right. Regardless of what form of ownership they register for a particular object.

Many citizens can independently improve their living conditions. But for some, government support remains relevant. If there is an opportunity to get housing on preferential terms, why not take advantage of it?

Arbitrage practice

One day in Ufa, a family filed a lawsuit to invalidate the Social Security decision. The reason was an appeal to a government agency. According to calculations, a family with a disabled child should have been allocated 84 sq.m., because... In addition to her parents, she has two more children. As a result, the government agency approved only the allocation of 42 sq.m., guided by the fact that only the child and one of his legal representatives, and not the whole family, can take advantage of the right to the benefit.

Due to the above circumstances, long trials were held, the case reached the Constitutional Court of the Russian Federation, which put an end to the dispute. According to the Definition of the Constitutional Court of the Russian Federation, when deciding on the size of living space, lower courts and Social Security should have been guided by the provisions of Art. 40 of the Constitution, which advocates the protection of family and motherhood.

Taking into account the above, division of the family when determining the size of the living space is not allowed, and all its members must be taken into account, and not just the disabled child and one of his legal representatives.

How many square meters of living space are allowed per person?

1. If necessary, confirm the tenant’s right to receive additional space.
2. When temporary residents move in.
3. Relocation of the tenant during major renovations in the building.
4. The real estate property is being divided.
5. The tenant is being evicted.
6. You need to pay rent for living space.

The Housing Code of the Russian Federation has Article 38, which is devoted to this issue. This text states that one person must own at least 12 square meters . The indicator remains at different levels in different regions and subjects. In the constituent entities of the Russian Federation, responsibility for setting individual standards falls on the shoulders of the local government, but only in certain situations.

Additional benefits for disabled children

In addition to the provision of free housing, parents of disabled children can enjoy other types of benefits:

How to apply for benefits

The registration procedure directly depends on what kind of privilege is required. For example, if parents want to receive a discount on transport tax, they must proceed as follows:

1. Prepare a package of documents and an application.
2. Submit the completed documentation along with the application to the Federal Tax Service. This includes PTS, STS, passport, disability documents.
3. Wait for the decision to be made. The documentation is reviewed by the tax service within 15 days.

It is advisable to contact the Federal Tax Service with this question before December 1 - the date of payment of transport and property taxes, which is valid throughout the country. You will not be able to receive a discount for the past period.

If we are talking about providing a free trip to a sanatorium, the process will take a little longer, because here a medical commission’s opinion on the need for such treatment will be required.

What it looks like in practice:

1. The parent visits the pediatrician with the child and asks for a referral to the commission.
2. The pediatrician issues a referral, examination specialists request a series of tests and study the results.
3. A conclusion is drawn up, which is subsequently signed by the chief physician.
4. The conclusion contains a rule on the need to provide a voucher. It is brought by one of the parents to Social Security.

Vouchers are issued on a first-come, first-served basis, so registration is required first. The frequency of their supply depends on the legislative acts of the region, most often it is no more than once every 2 years for each beneficiary.

FAQ

Question No. 1. If the family of a disabled person receives monthly monetary compensation and changes their place of residence, do they need to inform Social Security about this?

In the regions, the EDC is provided by the Social Security Authority at the citizen’s registration address. If it changes, you must submit the relevant information for the new place of residence, and then the compensation will be assigned again.

Question No. 2. What to do if Social Security unreasonably refuses to register for housing?

If the decision is truly unfounded, it is subject to appeal in court through administrative proceedings. You can also file a complaint with the prosecutor's office at your place of residence.

Most common mistakes

Mistake #1. Disabled people are given priority housing and can get it quickly.

No, they also form their own queue during registration, so getting real estate in a few months is problematic.

Mistake #2. Beneficiaries can receive a free social package and monetary compensation at the same time.

No, this category of citizens has the right to use the benefits due from the Pension Fund; payments from Social Security stop when applying for a social package.