General rules for providing housing to disabled people
Social housing for people with disabilities is provided based on their state of health within the limits established by law, as well as those exceeding these standards, but not more than 2 times.
Residential premises are provided under social rental agreements. The law also provides for subsidies for disabled people of group 3 to purchase housing, preferential terms for paying for this housing, and they can also be equipped with special devices necessary for the life support and adaptation of disabled people. Also, Article 17, Article 181 of the Federal Law answers the question of whether disabled people and disabled children located or living in social service organizations have the right to additional living space.
Thus, they also retain the right to receive housing or improve their living conditions. At the same time, if housing for social rent has already been provided, and the disabled person lives in social service organizations, then the right to own this living space is retained by the disabled person for six months. The released housing, which has special adaptations and was previously occupied by people with disabilities, is also transferred first and foremost to other people with disabilities in need.
Approaches to Improvement
When discussing the issue of a disabled person in need of a change in living conditions for the better, several approaches can be considered, and the choice of one of them will depend on the accompanying circumstances.
However, a disabled person, in turn, can count on the following:
- Providing new housing, specially equipped with the appropriate comfort that a person with disabilities needs.
- If a disabled person is unable to pay utility bills in full, the state provides special benefits and subsidies. The same applies to maintenance services provided by public utilities.
- If the living conditions of a person with disabilities are completely satisfactory, that is, he does not need to move to a new home, but there are difficulties with moving independently or with transportation, the solution looks different. The state must provide material support for the purchase of the necessary funds.
In some situations, the state purchases equipment for the movement of a disabled person on its own and then transfers it for use free of charge.
Attention! In each individual case, the speed of resolution of the problem of improving the living conditions of disabled people is influenced by many factors, since all situations are unique and individual in their own way.
The procedure and features of obtaining social housing for disabled people
All disabled people, regardless of group, have the right to improved living conditions. After receiving the status of a disabled person, the latter, in order to receive benefits and register as someone in need of housing or improved housing conditions, must provide data on his disability and supporting documents to the social protection authorities at the place of registration, since they are distributed and provided according to the territorial sign. Thus, when considering the question of where a disabled person should go to obtain housing according to the law, it should be said that his decision is within the competence of the social protection and social security authorities.
Common Mistakes
Error 1. Applying for a government subsidy without confirming the status of someone in need of improved living space. First, you need to confirm unsatisfactory living conditions and provide papers about this to the local administration. You also need to collect a set of papers about pensions or for disabled children.
Error 2 . Refusal for disabled people to receive living space, placement in a queue. This is incorrect, since in the presence of chronic diseases, the list of which is specified in Government Decree No. 378, it is possible to issue documents on priority receipt of housing. Among such diseases are complications with the genitourinary system, tuberculosis, HIV, musculoskeletal disorders, etc.
Registration for housing
The issue of priority and how to get housing for a disabled person of group 1, and in general the moments of providing housing today, is divided according to time.
Thus, it is customary to distinguish between disabled people registered before January 1, 2015 and after this period. So, for those who registered before January 1, 2005:
— funds are issued for the purchase of housing;
— the right to receive housing for social rent is retained.
Those who joined the queue for subsidized housing for disabled people of group 1 after January 2005 are given housing in the order of priority, with the exception of cases where disability occurred due to severe forms of chronic diseases, as well as to disabled people suffering from similar diseases.
It is noteworthy that in the absence of available housing, a subsidy is provided for the purchase of housing for disabled people of group 2.
FAQ
Question No. 1. How long will a disabled person have to wait in line to get housing?
The timing of the provision of real estate from the social fund is not regulated by law. They depend on the number of people in front of the waiting list and the size of the budget allocated for construction annually.
Question No. 2. What to do if Social Security refuses to put you on the waiting list?
The refusal must be motivated in writing. If the reasons can be eliminated, the beneficiary must do this in order to re-submit documents for registration. In the event of an unmotivated refusal, the decisions of government agencies are appealed through the court through administrative proceedings.
Criteria for recognizing disabled people and their families as needing housing
The full list of criteria, in the presence of which disabled people and families with disabilities have the right to provide housing, are listed in 901 Government Decree of July 1996 (the resolution became invalid as of April 14, 2018. See Decree of the Government of the Russian Federation of April 5, 2021 N 410 )
Thus, when making decisions, government bodies are guided by the following criteria:
- the size of the living space available for the use of a disabled person and his family is below the established norm;
— housing does not meet the requirements of sanitary and technical standards;
- several families live in an apartment or house, which includes members with even more serious illnesses and diseases; a disabled person lives in an apartment with citizens with whom he is not related;
— benefits for the purchase of housing for disabled people of group 3 are provided if they live in dormitories and communal apartments, and also live for a long time in apartments owned by other people.
These criteria are the most significant when deciding on the provision of housing and subsidies for its purchase for people with disabilities.
How to appeal a refusal to issue a decision in 2021
If you are denied a state subsidy for housing, you have the opportunity to appeal it. You will have to pay a state fee of 300 rubles. You can submit an application within exactly 1 month from the date of refusal by the local government body. If you miss time, you will need to restore the deadline; for this you need to provide evidence of valid reasons for the inability to submit an application before the due date.
Expert opinion
Before going to court, it is recommended to correspond with the district administration. Papers with applications and a list of documentation will be evidence of a violation of the rights of citizens with 1, 2 or 3 disability groups in violation of their housing rights caused by inaction or actions of authorities.
Inozemtseva R.R., employee of the district administration
Documentation
Returning to the question of how a disabled person can get an apartment or subsidies for its purchase, we cannot help but touch upon the issues of preparing the necessary documentation.
From the social security authorities, you must take a sample application for housing for a disabled person, fill it out, and additionally attach the following documents:
— extracts from the house register;
— a copy of your personal bank account;
— a certificate or certificate confirming disability;
— a document on individual rehabilitation or a program.
Additionally, medical documents reflecting the causes of disability, the period of obtaining this status, and the results of medical social examinations are attached. Documents can be submitted by the disabled person himself, as well as by members of his family, guardians or trustees.
Last news
The Accounts Chamber of the Russian Federation presented a report on the results of the expert analytical event “Analysis of the implementation in 2018–2019 of measures to improve the living conditions of certain categories of citizens provided for by Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” . The department came to the conclusion that the state is not fulfilling its obligations to improve the living conditions of people with disabilities.
As of the beginning of 2021, there were 42 thousand people with disabilities on the waiting list for improved housing conditions, who got on the waiting list before 2005. Among them there are no longer those people with disabilities who never got their turn to receive housing or improve their living conditions.
Those disabled people who joined the waiting list after 2005 are in an even more difficult situation. They are not allocated to a separate waiting list; in order to receive housing, they need to obtain low-income status. To date, 63 thousand disabled people who have been on the waiting list since 2005 are registered with local government bodies for housing. At the same time, about 2.5 million low-income citizens are registered with local government bodies for housing.
In 2021, only 3% of those on the waiting list improved their living conditions
“Due to long waits, people with disabilities often lose their right to improved housing conditions,” the report notes. – The number of disabled people deregistered for various reasons (independent solution of housing problems, death, loss of disabled status) significantly exceeds the number of citizens who received state support.
Free legal advice
Previously, the list of diseases that give disabled people suffering from them the right to additional living space in the form of a separate room was approved by Decree of the Government of the Russian Federation of February 28, 1996 No. 214 (schizophrenia, active form of tuberculosis, manic-depressive psychosis and other diseases). https://pravonetwork.com.ru/content/Index15.htm (https://pravonetwork.com.ru/content/Index15.htm) BUT! Decree of the Government of the Russian Federation of 02.28.1996 N 214 \"On approval of the List of diseases giving disabled people suffering from them the right to additional living space in the form of a separate room\" became invalid due to the publication of Decree of the Government of the Russian Federation of 21.12.2004 N 817. Currently in force is the Decree of the Government of the Russian Federation of December 21, 2004 N 817 \"On approval of the list of diseases giving disabled people suffering from them the right to additional living space\" https://base.consultant.ru/cons/cgi/online.cgi? req=doc;base=LAW;n=50824 (https://base. consultant. ru/cons/cgi/online. cgi?req=doc; base=LAW; n=50824)
In accordance with Art. 38 of the Housing Code of the RSFSR, the standard of living space is set at twelve square meters per person. The federal standard for social housing area is 18 square meters. meters of total housing area per family member of three or more people, 42 sq. meters - for a family of two people, 33 sq. meters - for citizens living alone. No revision of this standard is expected until 2010. In addition to the living space norm, certain categories of citizens are provided with additional living space in the form of a room or in the amount of ten square meters. The list of diseases that give disabled people suffering from them the right to additional living space in the form of a separate room was approved by Decree of the Government of the Russian Federation of February 28, 1996 No. 214 (schizophrenia, active form of tuberculosis, manic-depressive psychosis and other diseases).
