Article 1
Introduce into Article 8 of the Federal Law of December 21, 1996 N 159-FZ “On additional guarantees for social support for orphans and children left without parental care” (Collected Legislation of the Russian Federation, 1996, N 52, Art. 5880; 1998, N 7, Art. 788; 2004, N 35, Art. 3607; 2012, N 10, Art. 1163; 2013, N 27, Art. 3477; 2015, N 48, Art. 6724) the following changes:
1) in paragraph 1:
a) paragraph two after the words “in paragraph one of this paragraph,” shall be supplemented with the words “upon their application in writing”;
b) in paragraph three, replace the words “institutions of the healthcare system and other institutions” with the words “medical organizations and other organizations”, after the words “professional education”, add the words “professional training”;
2) paragraphs 2 and 3 should be stated as follows:
"2. Executive authorities of the constituent entities of the Russian Federation, in the manner established by the regulatory legal acts of the constituent entities of the Russian Federation, are obliged to exercise control over the use and safety of residential premises by tenants or family members of tenants under social rental agreements or whose owners are orphans and children without parental care , ensuring the proper sanitary and technical condition of residential premises, as well as monitoring their disposal.
3. The executive authority of a constituent entity of the Russian Federation forms a list of orphans and children left without parental care, persons from among orphans and children left without parental care, persons specified in paragraph 9 of this article, who are subject to provision of living quarters ( hereinafter referred to as the list) in accordance with paragraph 1 of this article. Persons specified in paragraph one of paragraph 1 of this article are included in the list upon reaching the age of 14 years.
The procedure for forming the list, the application form for inclusion in the list, an approximate list of documents required for inclusion in the list, the timing and grounds for making a decision on inclusion or refusal to be included in the list, as well as the timing of inclusion in the list are established by the Government of the Russian Federation.
An application for inclusion in the list is submitted by the legal representatives of orphans and children left without parental care who have reached the age of 14 years, within three months from the date they reach the specified age or from the moment the grounds for the provision of residential premises arise, provided for in paragraph one of paragraph 1 of this article .
The guardianship and trusteeship authorities monitor the timely submission by legal representatives of orphans and children without parental care of applications for inclusion of these children on the list and, in the event of failure to submit such applications, take measures to include these children in the list.
Orphans and children left without parental care who acquired full legal capacity before they reached the age of majority, as well as persons from among orphans and children left without parental care, if they were not included in the list in the prescribed manner before they acquired full legal capacity before reaching the age of majority or before reaching the age of 18 years, respectively, and have not exercised their right to be provided with residential premises, have the right to independently apply in writing to be included in the list.”;
3) add paragraph 31 with the following content:
"31. Orphans and children left without parental care, persons from among orphans and children left without parental care are excluded from the list in the following cases:
1) providing them with residential premises in accordance with paragraph 1 of this article;
2) their loss of the grounds provided for by this article for the provision of comfortable residential premises of a specialized housing stock under contracts for the lease of specialized residential premises;
3) their inclusion in the list in another subject of the Russian Federation in connection with a change of residence. The procedure for excluding orphans and children left without parental care, persons from among orphans and children left without parental care from the list in a constituent entity of the Russian Federation at their previous place of residence and including them on the list in a constituent entity of the Russian Federation at their new place of residence established by the Government of the Russian Federation;
4) termination of their citizenship of the Russian Federation, unless otherwise provided by an international treaty of the Russian Federation;
5) death or declaring them dead in the manner established by the legislation of the Russian Federation.”;
4) subparagraph 2 of paragraph 4 should be stated as follows:
“2) residential premises are recognized as unsuitable for habitation on the grounds and in the manner established by housing legislation;”;
5) paragraph 6 should be stated as follows:
"6. The validity period of the rental agreement for specialized residential premises provided in accordance with paragraph 1 of this article is five years.
If circumstances are identified that indicate the need to provide assistance to the persons specified in paragraph 1 of this article in overcoming a difficult life situation, a rental agreement for specialized residential premises may be concluded for a new five-year period repeatedly by decision of the executive authority of a constituent entity of the Russian Federation. The procedure for identifying these circumstances is established by the legislation of the constituent entity of the Russian Federation.
Upon expiration of the term of the rental agreement for specialized residential premises and in the absence of circumstances indicating the need to provide assistance to the persons specified in paragraph 1 of this article in overcoming a difficult life situation, the executive authority of the constituent entity of the Russian Federation that manages the state housing stock is obliged to make a decision on the exclusion of residential premises from the specialized housing stock and conclude with the persons specified in paragraph 1 of this article a social tenancy agreement in relation to this residential premises in the manner established by the legislation of the constituent entity of the Russian Federation.”;
6) paragraph 7 should be supplemented with the following sentence: “The total number of residential premises in the form of apartments provided to the persons specified in paragraph 1 of this article in one apartment building is established by the legislation of the constituent entity of the Russian Federation and cannot exceed 25 percent of the total number of apartments in this apartment building."
Legal protection of the property of an orphan
Innovations in the field of allocating preferential apartments relate primarily to the protection of property. Unfortunately, in the past, preferential housing often ended up in the hands of scammers. Or the young man immediately sold it in order to satisfy some momentary needs. In order to avoid this, the legislator made some amendments.
An orphan is provided with an apartment by concluding a tenancy agreement with the municipality for a period of 5 years. Then the contract can be renewed for another 5 years, but only once. When the contract expires, a social tenancy agreement is concluded.
Article 2
Clause 2 of Article 263 of the Federal Law of October 6, 1999 N 184-FZ “On the general principles of organization of legislative (representative) and executive bodies of state power of the constituent entities of the Russian Federation” (Collected Legislation of the Russian Federation, 1999, N 42, Art. 5005; 2003, N 27, Art. 2709; 2005, N 1, Art. 17, 25; 2006, N 1, Art. 10; N 23, Art. 2380; N 30, Art. 3287; N 31, Art. 3452; N 44 , Art. 4537; N 50, Art. 5279; 2007, N 1, Art. 21; N 13, Art. 1464; N 21, Art. 2455; N 30, Art. 3747, 3805, 3808; N 43, Art. 5084; N 46, Art. 5553, 5556; 2008, N 29, Art. 3418; N 30, Art. 3613, 3616; N 48, Art. 5516; N 52, Art. 6236; 2009, N 48, Art. 5711; N 51, Art. 6163; 2010, N 15, Art. 1736; N 31, Art. 4160; N 41, Art. 5190; N 46, Art. 5918; N 47, Art. 6030, 6031; N 49, Art. 6409; N 52, Art. 6984; 2011, N 17, Art. 2310; N 27, Art. 3881; N 29, Art. 4283; N 30, Art. 4572, 4590, 4594; N 48, Art. 6727, 6732; N 49, Art. 7039, 7042; N 50, Art. 7359; 2012, N 10, Art. 1158, 1163; N 18, Art. 2126; N 31, Art. 4326; N 50, Articles 6957, 6967; N 53, art. 7596; 2013, N 14, art. 1663; N 19, art. 2331; N 23, Art. 2875, 2876, 2878; N 27, art. 3470, 3477; N 40, art. 5034; N 43, Art. 5454; N 48, art. 6165; N 51, Art. 6679, 6691; N 52, Art. 6981, 7010; 2014, N 11, art. 1093; N 14, art. 1562; N 22, art. 2770; N 26, art. 3371; N 30, art. 4256, 4257; N 42, art. 5615; N 43, Art. 5799; N 45, art. 6138; 2015, N 1, art. eleven; N 13, Art. 1807, 1808; N 27, art. 3947; N 29, art. 4359; N 41, art. 5628; 2016, N 23, art. 3283; N 26, art. 3866; N 27, art. 4222; 2021, N 1, Art. 6; N 31, Art. 4828; N 45, art. 6573; N 50, art. 7563; 2021, N 1, Art. 26, 27, 87; N 7, art. 972, 975; N 17, art. 2425; N 24, art. 3414) add subparagraph 143 with the following content:
“143) monitoring the use and safety of residential premises by tenants or family members of tenants under social tenancy agreements or whose owners are orphans and children left without parental care, ensuring the proper sanitary and technical condition of residential premises, as well as monitoring for their disposal."
Where and when to apply for housing for an orphan
An application for registration must be submitted to the government agency responsible for the inclusion of orphans in the register of those in need of social housing. In each subject of the Russian Federation, different authorities deal with this issue, and therefore it is worth checking where to contact the Settlement Administration - it will send the applicant to the address.
The required papers are collected a year before the applicant turns 18 or immediately upon reaching adulthood, since regional authorities review applications and papers, and also decide on the provision of housing or refusal to allocate it for the next year, not the current one. Then the orphan will be provided with housing for the next year; the process may last longer if there is insufficient housing stock in the region.
If an apartment has been provided that does not meet the mandatory requirements and standards, the orphan has the right to refuse it and demand another living space. If the authorized body refuses to exchange, an application should be filed with the court.
Article 3
Make the following changes to the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, Art. 14; 2012, No. 10, Art. 1163; No. 31, Art. 4322; 2021, No. 1, Art. 72):
1) Part 3 of Article 72 should be supplemented with the following sentence: “If it is necessary to force the exchange of residential premises occupied under a social tenancy agreement by a minor (minors) and citizens deprived of parental rights in relation to these minors, other persons living together with the minor (minors), The legal representatives of minors, the guardianship and trusteeship authority or the prosecutor have the right to submit a corresponding demand to the court if the cohabitation of these citizens with such minors violates the rights and legitimate interests of minors.”;
2) in Article 90:
a) the words “If the employer” are replaced with the words “1. If the employer";
b) add part 2 with the following content:
"2. If the cohabitation of citizens deprived of parental rights with children in respect of whom they are deprived of parental rights is recognized by the court as impossible, the law of a constituent entity of the Russian Federation may provide for the eviction of these citizens in court at the request of the legal representatives of minors, the guardianship and trusteeship authority or the prosecutor in other residential premises under a social tenancy agreement, the size of which corresponds to the size of the residential premises established for moving citizens into the hostel.”;
3) Part 2 of Article 91 shall be stated as follows:
"2. If the cohabitation of citizens deprived of parental rights with children in respect of whom they are deprived of parental rights is recognized by the court as impossible, such citizens, at the request of the legal representatives of minors, the guardianship and trusteeship authority or the prosecutor, may be evicted by court from the residential premises without providing another residential premises, unless otherwise provided by the law of the subject of the Russian Federation.”;
4) in article 101:
a) part 3 after the words “3. The lease agreement for specialized residential premises" shall be supplemented with the words "except for the lease agreement for specialized residential premises provided for in Article 981 of this Code";
b) add part 4 with the following content:
"4. The rental agreement for specialized residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care may be terminated in court at the request of the landlord if the tenant and the members living with him fail to comply with his family obligations under a rental agreement for specialized residential premises, as well as in the case of:
1) failure by the tenant to pay for residential premises and (or) utilities for more than one year and the absence of an agreement to repay the resulting debt for payment for residential premises and (or) utilities;
2) destruction or systematic damage to the residential premises by the tenant or members of his family living with him;
3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;
4) use of residential premises for purposes other than their intended purpose.”;
5) Part 5 of Article 103 should be stated as follows:
"5. Upon termination of the lease agreement for specialized residential premises with orphans and children left without parental care, persons from among orphans and children left without parental care on the grounds provided for in Part 4 of Article 101 of this Code, they and those living together with them members of their families are subject to eviction with the provision within the boundaries of the corresponding locality of another comfortable residential premises under a rental agreement for specialized residential premises, the size of which corresponds to the size of the residential premises established for moving citizens into a hostel.”;
6) Article 1091 shall be supplemented with parts 3 and 4 as follows:
"3. Their minor children and spouses may be accommodated in residential premises provided to orphans and children without parental care, persons from among orphans and children left without parental care, under contracts for the rental of specialized residential premises. These persons are included in the rental agreement for specialized residential premises.
4. In the event of the death of the persons specified in part 1 of this article, the executive body of the constituent entity of the Russian Federation that manages the state housing stock is obliged to make a decision to exclude residential premises from the specialized housing stock and conclude with the persons specified in part 3 of this article, a social tenancy agreement in relation to this residential premises in the manner established by the legislation of the constituent entity of the Russian Federation.”
List of documents
Federal legislation defines only the basic list of documents that must be submitted when deciding whether to be included in the queue.
Thus, the applicant must attach the following copies of documents to his application:
- birth certificate and passport of the child;
- documents on the right to use residential premises;
- act of the guardianship authority on the appointment of a guardian;
- documents on the absence of parental care;
- decision on the impossibility of living in the existing residential premises.
Attention! Additional documents are determined by regional legislation, so before submitting an application you must obtain a complete list from the guardianship and trusteeship authority.
Article 4
Introduce into the Federal Law of April 5, 2013 N 44-FZ “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs” (Collected Legislation of the Russian Federation, 2013, N 14, Art. 1652; N 52, Art. 6961; 2014, N 23, Art. 2925; 2015, N 1, Art. 51; 2021, N 27, Art. 4253, 4298; 2021, N 1, Art. 88) the following changes:
1) Part 2 of Article 83 shall be supplemented with paragraph 11 as follows:
“11) procurement of residential premises for orphans and children left without parental care, persons from among orphans and children left without parental care, from individuals who are the owners of these residential premises.”;
2) part 2 of Article 831 shall be supplemented with paragraph 7 as follows:
“7) procurement of residential premises for orphans and children without parental care, persons from among orphans and children without parental care from individuals who are the owners of these residential premises."
Terms of housing provision
There is no specific time frame for when an orphan will receive an apartment to live in. The only restriction in force is age of majority. You will not be able to become a home owner before you reach 18 years of age. But even in this case there are exceptions. For example, an orphan got married because he was expecting a child. Disabled people also receive additional benefits.
Family citizens have the priority right to receive an apartment. Getting married and having children will help you gain square meters a little earlier.
As for the time frame for obtaining an apartment for rent, it can range from a couple of months to ten years. And if previously housing was provided to all orphans until they reached the age of 23, then with the introduction of new amendments the terms have increased.
If the waiting period exceeds 15 years, then you can assert your right in court. This will help speed up the process of moving the queue.
Why is it so difficult to provide housing for orphans? Every year the state allocates several hundred apartments (on average 600) to a special fund. This property is transferred to the right of rent by children who are left without parental care. It will not be possible to obtain housing in excess of the established limit. Therefore, it turns out that orphans wait for an apartment for several years. Often the queue only approaches retirement age.
Is it possible to privatize housing?
Registration of real estate as a property is possible, but this right is not given to orphans immediately. Initially, a specialized rental agreement is concluded, which prohibits the sale and privatization of the apartment. After 5 years, a new agreement is drawn up with the tenant - for an indefinite lease.
The orphan can continue to use the property on a leasehold basis, and he is also given the opportunity to privatize the property into ownership. The registration procedure is standard.
If local authorities refuse to privatize an apartment, the issue is resolved in court. In almost all cases, the decision is in favor of the plaintiff.
How can orphans get housing in another city?
Legislative bodies have developed provisions regarding the provision of apartments to orphans in other cities, since such a desire arises quite often. The letter of the law states that it is impossible to consider the issue of allocating housing outside the region in which the orphan is located at the time of filing the application.
Conclusion - to wait in line for an apartment located in another region, you must register for permanent residence in a given subject of the Russian Federation and then submit documents for housing.
Answers to common questions
Question No. 1. If, 5 years after concluding a rental agreement, an orphan has an outstanding debt to utility services, does he lose the right to an apartment?
The residential tenancy agreement can be extended for the next 5 years, but such a relaxation can only take place once.
Question No. 2. Is it necessary to provide any additional documents to an orphan child to receive an apartment if he spent a long time in a sanatorium for treatment?
As in the case of military service, training and stay in prison, an orphan will need to provide the authorities involved in issuing free housing with a certificate of being under treatment.
