How to get housing for an orphan: how to get in line, what documents are needed

How can an orphan get an apartment? This issue was resolved more than once by our housing lawyer during consultations. Upon reaching adulthood, children in orphanages have the right to receive an apartment from the state; local authorities must take care of this, and the federal budget will provide the money.

However, in reality this scheme does not work as clearly as we would like. Huge queues, imaginary reasons for refusals and many other obstacles such young people have to overcome in order to get what they are entitled to by law. Our housing lawyer can answer the question of whether an orphan can get an apartment when local authorities refuse to do so, how to resolve this dispute, and where to go.

Providing living quarters for orphans and children left without parental care

So we'll look at:

• conditions for orphans to receive housing;
• what kind of housing can be provided;
• when housing is provided.

Conditions for providing an apartment

So, to acquire square meters you need to meet a number of conditions. A young man applying for housing:

• must have orphan status;
• age from 18 to 23 years;
• is obliged to submit an official application for the state to allocate him a separate apartment.

Let's take a closer look at these conditions.

An orphan, according to the law, is one whose parents:

• died;
• deprived of parental rights;
• are in prison and cannot take care of the child;
• declared missing;
• seriously ill.

What kind of housing can an orphan child count on?

There are several signs that indicate that this apartment fits the definition of social housing. So, what kind of apartments are given to orphans:

• it must be separate;
• the future place of residence is suitable for living, equipped with amenities (electricity, water supply, sewerage, heating);
• an important point is compliance with the required footage;
• the place of residence must be where the citizen who has reached the age of majority is registered and lives, or where guardianship has been issued over him.

Terms of housing provision

In accordance with the law, the orphan submits an application to local authorities. The official review period is forty calendar days. After which, if all documents are provided and the application is drawn up correctly, social housing is allocated and an agreement is concluded. However, this is an ideal option. In fact, unfortunately, you often have to wait for more than one decade to get your own apartment. The problem of providing housing for orphans lies in the fact that funds for this are allocated from the regional budget and very often these funds are not enough. Information about the queue can be clarified in the same government agency where the application was submitted.

How can an orphan get housing?

According to Art. 52 of the Housing Code of the Russian Federation, first of all, an orphan must register as someone in need of housing who needs to improve their own living conditions. To do this, you need to submit a package of documentation, which includes a written application, through the multifunctional center (MFC) or to other local executive bodies.

Important!

Free housing is provided to persons who have reached the age of 18. But the legislator provides for the possibility of providing square meters of housing at a benefit before the orphan reaches the age of majority.

Procedure

What steps should you take to get on the waiting list for an apartment? There are many nuances to this procedure and it is very important to correctly and properly prepare all the necessary papers. Sometimes it makes more sense to contact the guardianship and trusteeship authorities and get help from specialists.

What documents does an orphan need to get an apartment?

To obtain housing, a citizen’s personal application with attached documents is submitted to the competent government agency (the list is adjusted taking into account the region):

• passport of a citizen of the Russian Federation;
• certificate of family composition (original provided);
• confirmation of orphan status (for example, death certificates of both parents);
• a document confirming that the citizen does not own other housing;
• certificate from place of work or study;
• if available, provide marriage and birth certificates.

Where to submit documents for preferential housing

And now the collection of documents is completed and the beneficiary submits his application and a set of documents to the competent government agencies. Before starting the process of obtaining social housing for young orphans, check which government agency in your region has the authority to resolve these issues and where in the future you can find out about the waiting list for housing.

Statement of claim for housing for orphans

If you are denied consideration of your application or provision of a place of residence, you can file a claim with the court to provide housing for the orphan. Attach a copy of the statement and the response to it, if any, to the statement of claim. Such measures help to achieve the allocation of a place of residence for the orphan.

A package of documents for obtaining an apartment for an orphan

List of papers required to obtain housing rights for an orphan:

1. personal statement of an orphan;
2. passport;
3. a document that certifies the status of an orphan;
4. a document that determines the place of registration of a citizen;
5. marriage certificate (if any);
6. document confirming the birth of the child (children) (if any);
7. a certificate confirming that the citizen does not have rights to other housing;
8. documentation indicating the composition of the applicant’s family;
9. documentation that confirms the end of: stay in an orphanage educational institution;
10. stay in a dispensary, hospital, specialized sanatorium (if any);
11. stay in correctional institutions (if any)
12. completing compulsory military service (if available);

Important!

Depending on the area, the specified list of documentation may differ from the above. Therefore, before you start collecting papers, you need to obtain more detailed information from local executive bodies.

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.

If the orphan already has housing

How can an orphan get housing if it already exists? Even if an orphan child has housing, the chance to receive preferential square meters remains. In this case, it is necessary to recognize living in this residential area as impossible. This can be done for the following reasons:

1. in the house (apartment) live persons who were previously deprived of the rights to raise an orphan applying for housing;
2. there is an official conclusion of the commission that the dwelling does not comply with sanitary and technical rules and regulations, which makes it unsuitable for permanent residence;
3. in the appropriate housing, people with severe chronic diseases are registered, which makes it simply impossible to live with them on square meters of living space;
4. the child has a serious chronic illness, which makes it impossible for other people to live in the same apartment (house) with him;
5. the living space per person living in the premises is less than the established standard in the region.

New provisions on providing housing for orphans

As you know, legislation is being improved to respond to the needs of citizens. Federal Law No. 159-FZ of December 21, 1996 “On additional guarantees for social support for orphans and children without parental care” is no exception. The main innovation is the impossibility of immediately obtaining ownership of an apartment after it has been allocated by the state. The 5-year contract, although not completely, to some extent protects orphans from the actions of scammers.

Is the apartment suitable for children under guardianship?

The fact that a child has the status of an orphan or without parental care and the fact that he is under guardianship or in a foster family is not enough to give him the right to receive housing.
If a minor has the right to use municipal housing (he is a tenant or a member of the tenant’s family under a social tenancy agreement) or he owns an apartment, then the right to such living space is retained by him for the period of his stay under guardianship.

The exception is cases when living in the child’s own or used living space is considered impossible. Such a decision can only be made by a specially created interdepartmental commission of a local government body after reviewing documents confirming the reasons why the child will not be able to live in the previously occupied housing.

The guardian, who is the legal representative of the minor, must promptly take care of the implementation of his housing rights and, upon reaching the age of 14 years, contact the guardianship and trusteeship authority to include him in the list for housing provision.

You don’t have your own home - where to go and what to do

• Disabled people, families raising a child with a disability;
• Military personnel who have served for more than ten years;
• Persons who received illness or disability at the Chernobyl nuclear power plant;
• Heroes of Labor, the Soviet Union and Russia, as well as holders of the Orders of Glory and Labor Glory;
• Family members of deceased participants, disabled people and veterans of the Great Patriotic War and military operations;
• Coal industry workers who worked in the Far North or equivalent areas, who worked for at least ten years and received a well-deserved pension, during the liquidation of coal mining and processing sites.

• certificates of family income confirming low-income status;
• certificates of disability;
• documents confirming service in the Armed Forces;
• certificates of illness or disability received in connection with being in the territories of the Chernobyl nuclear power plant;
• documents, confirmation of the title of hero of labor, the Soviet Union, Russia, the presence of orders;
• documents on the participation of family members in the Second World War, combat operations, and their disabilities.
• documents about work in the coal industry.

Grounds for excluding an applicant for housing from the list

In some cases, an orphan and persons equivalent to him may be removed from the register. The reasons for this are listed below:

• obtaining living space under a social tenancy agreement or rental of specialized residential premises;
• his death;
• loss of “orphan” status or a child without parental care;
• acquisition by an orphan of real estate, the area of ​​which exceeds the accounting norm for living space in the region;
• change of place of residence (moving to another subject of the Russian Federation).

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.

When can I get an apartment?

According to the law, housing for children on the waiting list is provided upon their personal application when they reach the age of majority or acquire full legal capacity before the age of 18.
The possibility of providing housing up to 18 years of age is also provided for by law. However, it is worth noting that a citizen included in the list is provided with housing after:

• release from an organization for orphans of any kind;
• completion of the organization of vocational education;
• completion of military service;
• release from prison.

In practice, waiting for the required square meters can drag on for years. Often, persons awaiting the implementation of their rights turn to court to protect their interests. In many regions, a queue has already formed of those who must be provided with housing by court decision.

A person from among orphans under a specialized rental agreement must be provided with housing that meets certain requirements:

1. The living space must be separate. This could be a residential building or an apartment. Providing rooms in an apartment, thereby creating the conditions of a communal apartment, is prohibited by law.
2. Housing improvement must meet the conditions that exist in a particular locality. As a rule, this concerns the presence of water supply, heating systems, and sewerage in a residential area.
3. The standard for the provision of housing is established by regulations of the constituent entities of the Russian Federation.

In recent years, many regions have faced the problem of local settlement of orphans. Thus, an entire apartment building or a large part of it could be inhabited by citizens of this category, which created social tension in places of their mass settlement.

In this regard, changes were made to Law No. 159-FZ to limit the provision of apartments in one building. Authorities are allowed to provide no more than 25% of the total number of apartments in an apartment building. The exception is settlements whose population does not exceed 10,000 people.

Ministry of Property Relations of the Irkutsk Region

Decree of the Governor of the Irkutsk region dated December 7, 2021 No. 344-ug

“On the provision of social support measures to provide housing to citizens who belonged to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23 years, whose residential premises are located in apartment buildings in the city of Taishet, Irkutsk region and are considered unsuitable for living"

In accordance with Article 6 of the Law of the Irkutsk Region dated December 28, 2012 No. 164 “On the procedure for providing orphans and children without parental care with residential premises in the Irkutsk Region”, residential premises are provided to orphans under rental agreements for specialized residential premises.

1. In accordance with this Law, the persons specified in Part 1 of Article 2 of this Law, included in the list, are provided with residential premises by the property management body under lease agreements for specialized residential premises.

2. Residential premises are provided upon applications of the persons specified in Part 1 of Article 2 of this Law, included in the list, upon reaching the age of 18 years, as well as in the event that they acquire full legal capacity before reaching the age of majority.

3. An application for the provision of residential premises is submitted by the persons specified in Part 2 of this article (hereinafter in this article - persons who have reached the age of 18 years) to the guardianship and trusteeship authority at the place of residence.

To consider an application for residential premises, the following documents are required:

1) an identity document of a person who has reached the age of 18;

2) documents confirming the end of the period of stay in educational organizations, social service organizations, healthcare institutions and other institutions created in accordance with the procedure established by law for orphans and children left without parental care, as well as completion of receiving vocational education, or completion of military service upon conscription, or completion of serving a sentence in correctional institutions (in the cases specified in paragraph two of part 2 of this article);

3) a decision of the guardianship and trusteeship authority or a court decision declaring a minor fully capable or a marriage certificate (in case of acquiring full legal capacity before reaching adulthood);

4) a document issued by the rights registration authority confirming the absence of residential premises in the ownership of a person who has reached the age of 18 years;

5) a document from the relevant guardianship and trusteeship authority confirming that a person who has reached the age of 18 has no retained right to use residential premises or a document confirming the absence of the right of a person who has reached the age of 18 to use residential premises under a social tenancy agreement as a tenant or a family member a tenant of residential premises under a social tenancy agreement issued by a local government authority;

6) documents specified in paragraphs 3 - 11 of part 3 of article 3 of this Law (for persons specified in part 1 of article 3 of this Law, in respect of whom decisions were made to establish the fact of impossibility of residence, if no time has passed since the date of adoption of this decision less than six months);

4. The guardianship and trusteeship authority considers the application for the provision of residential premises and the documents provided for in Part 3 of this article, and makes a decision to satisfy the application for the provision of residential premises or to refuse to satisfy the application for the provision of residential premises within thirty calendar days from the date of the person’s application who has reached the age of 18 years.

When a decision is made to approve an application for the provision of residential premises to a person who has reached the age of 18, a note indicating the date of receipt of the application is placed in the list.

A decision to refuse an application for the provision of residential premises is made if a person who has reached the age of 18 does not comply with the category of persons specified in part 2 of this article, or if a person who has reached the age of 18 fails to submit the required documents in accordance with part 3 of this article.

Submission of the specified application and documents, their registration, notification of a person who has reached the age of 18 years about the decision made, its appeal are carried out in the manner prescribed for filing an application and documents to establish the fact of impossibility of residence, their registration, notification of the person about the decision made, appealing it , established by parts 4, 5, 7, 9 of Article 3 of this Law.

5. To provide residential premises to a person who has reached the age of 18 years, the property management body, within five working days from the date of state registration of the ownership of the residential premises in the Irkutsk region, provides information to the guardianship and trusteeship authority about the location of the residential premises and its total area.

The guardianship and trusteeship body, within ten calendar days from the date of receipt of the specified information, submits to the property management body information about a person who has reached the age of 18 years, in respect of whom a decision has been made to satisfy the application for the provision of residential premises, in chronological order, based on the mark on the date of receipt of the said application and the availability of written consent in the case provided for in paragraph two of part 3 of article 2 of this Law. Information about persons over 18 years of age who submitted an application on the same day is presented in alphabetical order.

6. No later than twenty calendar days from the date of inclusion, in accordance with the procedure established by law, of residential premises in the specialized housing stock of the Irkutsk region for orphans, the property management body makes a decision to provide residential premises under a rental agreement for specialized residential premises to a person who has reached the age of 18 years, information about which are submitted by the guardianship and trusteeship authority in accordance with Part 5 of this article.

A rental agreement for specialized residential premises is concluded on the basis of a decision to provide residential premises no later than thirty calendar days from the date of this decision.

On July 3, 2021, the Law of the Irkutsk Region dated June 21, 2021 No. 49-OZ “On amendments to the Law of the Irkutsk Region “On the procedure for providing for orphans and children without parental care, persons from among orphans and children left without parental care, living quarters in the Irkutsk region."

In accordance with this Law, the powers to consider applications from persons from among orphans and children left without parental care for the provision of residential premises, and, accordingly, to maintain a list for the provision of residential premises, as well as determine the persons who will be provided with residential premises , transferred to the Ministry of Social Development, Guardianship and Trusteeship of the Irkutsk Region.

The Ministry of Property Relations of the Irkutsk Region in the field of providing living quarters for orphans will form a specialized housing stock, provide living quarters to orphans, and monitor their use.

For questions regarding the formation and maintenance of a list of orphans, citizens must contact the guardianship and trusteeship authorities at their place of residence,

or by phone:
8-800-100-22-42, (8-3952) 25-33-07.
Provision of residential premises of specialized housing stock in the Irkutsk region for orphans

In March-April 2021, the Ministry of Property Relations of the Irkutsk Region purchased residential premises in the following municipalities: Angarsk, Usolye-Sibirskoye, Cheremkhovo, Slyudyanka, Ust-Ilimsk, Bratsk, Zima .

Construction is underway of 240 residential premises in Irkutsk and 117 residential premises in Shelekhov.

In accordance with the established procurement schedule, in April 2021, applications for the purchase of residential premises were placed in the following municipalities: Bodaibo, Svirsk, Ust-Kut, Tulun, Nizhneudinsk, Taishet, Irkutsk , Baikalsk, Usolsky district, Ust-Udinsky district, Zhigalovsky district, Balagansky district, Irkutsk district.

Reception of citizens regarding the provision of residential premises to orphans is carried out by specialists of the housing department at the address: Irkutsk, st. Partizanskaya, 1, office No. 5 (opening hours: Monday to Thursday from 9:00 to 18:00, lunch break from 13:00 to 14:00, tel. (3952) 25-99-60).

According to Article 2 of the Law of the Irkutsk Region of December 28, 2012 No. 164-OZ “On the procedure for providing orphans and children without parental care, persons from among orphans and children without parental care, living quarters in the Irkutsk Region” (hereinafter referred to as Law No. 164-OZ) to orphans who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, as well as orphans who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, if their residence in previously occupied residential premises is recognized as impossible in the manner established by Article 3 of Law No. 164-OZ, comfortable residential premises of a specialized housing Fund of the Irkutsk Region (hereinafter referred to as residential premises) under lease agreements for specialized residential premises.

Residential premises under a rental agreement for specialized residential premises in the form of a residential building, apartment, equipped with amenities in relation to the conditions of the relevant locality, are provided with a total area of ​​33 square meters.

In order to provide orphans with living quarters, orphans were provided with living quarters (98 apartments), located in apartment buildings No. 105, 105/1, 105/2 at the address: Irkutsk region, Taishet, st. Transport. By order of the Ministry of Housing Policy, Energy and Transport of the Irkutsk Region dated June 16, 2021 No. 58-394-mr, these apartment buildings were recognized as unsafe and subject to reconstruction.

In order to provide orphans living in residential premises at the above address with residential premises that meet the requirements for residential premises suitable for permanent residence of citizens, Decree of the Governor of the Irkutsk Region dated December 7, 2021 No. 344-ug “On the provision of social measures support for providing housing to citizens who belonged to the category of orphans and children left without parental care, persons from among orphans and children left without parental care, and have reached the age of 23 years, whose residential premises are located in apartment buildings on the territory the city of Taishet, Irkutsk region and recognized as unsuitable for living" on providing citizens who belonged to the category of orphans and children without parental care, persons from among orphans and children without parental care, whose living quarters are located in apartment buildings on the territory of the city of Taishet, Irkutsk region, are recognized as unsuitable for living, social support measures to provide housing of their choice in the form of:

1) providing a one-time cash payment for the purchase of residential premises; 2) provision of residential premises from the state housing stock of the Irkutsk region.

Government of the Irkutsk region Official portal

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Who are orphans?

Based on the analysis of the provisions of Article 1 of the above Federal Law, orphans include minors whose both or one parent has died.
If the fact of death is not documented, children acquire the status of “left without parental care.” They also have equal rights to orphans and can receive housing from the state (or rather, from the municipality).

These include persons under 18 years of age whose parents:

• were deprived of parental rights or limited in them;
• recognized as missing, incompetent or limited in legal capacity;
• declared dead;
• are serving their sentences in closed institutions;
• are in custody as suspects/accused;
• avoid raising children or protecting their rights and interests;
• refuse to take them away from educational, medical, and social institutions;
• unknown.

They also include children in respect of whom the court has established the fact of loss of parental care, as well as those who were left without parental care in another manner prescribed by law.

The circle of people from among orphans who are entitled to housing

The right to receive an apartment for orphans arises if they meet the following criteria:

1. The applicant is 14 years old . Until January 1, 2019, the “threshold” was the age of majority, that is, children who were 18 years old could receive it. Now the age limit has been lowered. This decrease is explained by the fact that the age of registration and the age at which a person receives housing differ over time. Previously, housing was provided immediately when the orphan turned 18, that is, he did not have to stand in line. Now these queues stretch for many years to come, so former orphanage children actually remain on the street when they reach adulthood.
2. He managed to register before the age of 23 . Housing itself can be issued later than the specified age - the main thing is to get in line before it arrives.
3. Lack of own housing . Although even those orphans who own real estate (or the people with whom he lives) can receive it, it does not meet the standards for living space or sanitary living conditions.