What is municipal housing - its pros and cons

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A municipal apartment in Russia is part of the country's housing stock. Public housing is provided for use under a social tenancy agreement. The apartment from the municipality can be privatized. In 2021, the housing privatization program has been extended indefinitely.

Municipal apartment: basic laws and concepts
Rules for the allocation of municipal housing
Rules for using public housing
Conclusion of an agreement with housing and communal services
Inheritance of a municipal apartment
Privatization of public housing
Conclusion

Hiring for a lifetime

According to Article 60 of the Housing Code, a social tenancy agreement is concluded for an indefinite period. By law, a tenant can sublet an apartment and register his family members. In addition, the tenant has the right to exchange residential premises.

Living in a municipal apartment also imposes certain obligations: the tenant is obliged to take care of the property, carry out routine repairs, and, of course, pay for the apartment and utilities on time.

The lessor (in other words, the local government body) is obliged to carry out both current and major repairs, as well as provide utilities.

However, situations often occur in which residents seek major repairs from the local administration only through the courts - like a woman living in a municipal apartment in the Udmurt village of Yar. An interdepartmental commission determined that the house needed major repairs, but officials were in no hurry to allocate money.

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Then the woman carried out the repairs on her own, and then collected all the receipts and went to court. The claims were fully satisfied, and more than 60 thousand rubles were recovered from the local administration for repairs.

It is possible to exchange, but not easy

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Residents of municipal apartments have the opportunity to exchange their square meters, but only if the second apartment involved in the exchange is owned by the municipality.

The rules for the exchange of municipal apartments are defined in Article 72 of the Housing Code. To begin the exchange procedure, the apartment owner must obtain the consent of all family members, as well as permission from the landlord (local administration).

And if children or incapacitated citizens are registered in the apartment, then permission from the guardianship and trusteeship authorities will be required.

Exchange of a municipal apartment is one of the most troublesome real estate transactions in terms of documents. Written permission to exchange must be collected from all family members, even those temporarily residing at a different address.

And such permits are needed for all apartments participating in the exchange. It is difficult to imagine how long it takes to collect them if, for example, a large family with adult children exchanges their municipal three-ruble ruble for two one-room apartments.

cadastral passport,
certificate of family composition,
certificate of absence of debt on utility bills,
marriage certificate and
children's birth certificates.

In some cases, the local administration requires other documents.

The law also gives the right to a forced transaction. This is convenient, for example, for evicting a drinking relative. However, forced exchange of municipal living space is possible only by court decision.

Types of registration in an apartment

The type of registration in an apartment depends on the length of a person’s stay. It can be temporary, when the resident’s presence is limited to a certain date, or permanent. It all depends on the reasons for each person's arrival and their intentions.

Constant

Permanent registration occurs when a person voluntarily changes the address of his actual residence. In most situations, this is caused by family or personal reasons. For example, a person changed his place of work or his civil status, that is, he got married or his girlfriend got married. In such and similar situations, many change their address of residence. Anyone interested in changing location must contact the registration authority within seven days of arrival. To move someone into the premises, the tenant provides the following documents:

Statement from the responsible employer to register the person.
Written permission from all residents of municipal premises.
Passport of the person being registered.
Extract from the house register.
Document on deregistration at the previous address.
Permission from the property owner.
Birth certificate, if the baby is registered.

The procedure itself will be implemented within three days from the date of transfer of documents.

Sample application for registration at place of residence

Temporary

Temporary registration in a municipal apartment is carried out when a person intends to stay at a certain address for more than ninety days.

Before the expiration of the specified period, the interested party must contact the registration authority and submit the necessary documents. Their list is similar to permanent registration. Just do not need to present a document on deregistration at the previous address, since the person will reside temporarily. Registration must be done within three working days, and if the applicant fails to provide a document on the right to use the premises - eight.

Who can apply?

According to paragraph 2 of Art.

49 LCD citizens who are recognized as low-income and in need of housing can count on municipal housing. The procedure for recognition as such is determined in the manner prescribed by the law of the subject of the Russian Federation, based on the family’s income and the value of the property they own.

In this case, the family must be registered with the municipality as needing housing.

The following preferential categories of the population can also obtain a temporary place of residence under a social tenancy agreement:

orphans without official guardianship;
citizens resettled from premises recognized as unsafe;
citizens who lost their housing as a result of natural disasters;
military personnel;
war veterans and participants in the elimination of man-made disasters;
citizens who moved from the Far North;
persons with chronic diseases that pose a danger to others.

Municipal apartment: basic laws and concepts

State or municipal apartments belong to the specialized housing stock (Article 92 of the Housing Code of the Russian Federation). This category includes dormitories and office premises. Legal issues of the housing stock are discussed in Chapter 9 of the Housing Code of the Russian Federation.

Apartments from the municipality are provided to employees for the period of work, as well as to citizens in need of housing on the basis of Art. 106 Housing Code of the Russian Federation. The rules of residence, termination of a rental agreement and eviction are established by Articles 101, 103 of the Housing Code of the Russian Federation. The main issues of privatization of state apartments are spelled out in Art. 217 of the Civil Code of the Russian Federation, as well as in Federal Law No. 178 “On Privatization...” dated December 21, 2001.

How to get a?

You must confirm your status and need yourself by contacting the local government with the relevant documents. Each application is checked for compliance with the requirements of housing legislation.

families and citizens who do not have any suitable premises in their property;
if citizens on the date of application live in the premises of the emergency fund;
families living in apartments, rooms, houses whose area is less than the established norm, which should be for each family member (less than 10 square meters per person);
persons who have been diagnosed with a chronic disease that is dangerous to other citizens.

For persons recognized as low-income, it is necessary to confirm that the monthly income per family member does not exceed the established standard for the region. Income received from all sources by persons living in the same living space is taken into account.

Military personnel have the right to apply for municipal housing after serving at least 20 years.

Orphans receive an apartment or room from the municipal fund when they reach adulthood, and after living in it for 5 years or more, they can apply for privatization.

Deregistration

The deregistration procedure can be initiated by the resident himself, the tenant of the premises or the municipality.

This depends on a number of reasons. As a general rule, a person can be discharged when the registration period has expired. This occurs in situations of temporary stay in an occupied living space. However, there are often cases when a permanent resident sends a request for deregistration, or the employer himself does this.

Personal Statement

A person independently initiates the deregistration procedure in the following cases:

Your stay is about to expire.
There is no need to live at this address, for example, training has been completed.
Purchased your own home.
The civil status has changed, that is, the person got married and moves in with his wife.

In this case, the interested party draws up a statement in which he reflects information about himself, his new residential address, as well as the reasons why he is vacating the space. The completed application must be signed by the person and sent to the registration authority.

The court's decision

There are often cases when a person is deregistered by a court decision. The reason for this may be:

Cancellation of a rental agreement.
Loss of right of residence.
No payment for more than six months.
Use of residential premises for purposes other than their intended purpose.
Violation of neighbors' rights.
Failure to comply with sanitary standards.
Causing damage to property.
Recognizing a person as deceased or missing.

It should be noted that any resident can be deregistered by decision of a court, regardless of the degree of relationship or civil status of the person, subject to non-compliance with contractual obligations. For example, an ex-husband or wife cannot be evicted from an apartment if they do not violate the rules of residence. That is, if a person has ceased to be a family member, but complies with the terms of the concluded rental agreement and continues to live in the premises, it will not be possible to evict him, even by a court decision.

Advantages and disadvantages

This type of housing has its advantages and disadvantages. Let's list the positive aspects first:

the municipality must pay property taxes;
there are a number of benefits when charging housing and communal services;
major repairs are carried out at the expense of the municipality;
the family has the right to apply for housing with a larger area when children appear;
in the event of a complete loss of living space or its recognition as unfit for habitation as a result, for example, of a fire, citizens living under the terms of a social rental agreement are guaranteed to receive other housing in return;
a municipal apartment or room is protected from fraudulent activities;
There are conditions under which municipal housing can be privatized.

after all, this is not your own home and you won’t be able to dispose of it at your own discretion; it can neither be exchanged nor sold;
the municipal fund is under the special control of the management organization (or HOA) and cannot be rented out without its permission;
if other citizens who are not specified in the contract live with the tenant under the contract, then after his death the apartment (room, house) is returned to the municipality, and the tenants are evicted;
Tenants can be evicted at any time if they violate the terms of the contract or there are numerous complaints from neighbors.

Approximate time frame for obtaining housing

If your application is accepted and you are put on a waiting list, the question immediately arises - how long will you have to wait to receive the coveted living space?

If you rely on the articles of the governing law, then you will be able to obtain municipal housing within a period of no more than one year from the date of a positive decision. However, in practice, such a wait can be three years or more (in some cases, 15-20 years). Such issuance deadlines are exceeded for the following reasons:

limited funds from the state budget that can be used to provide citizens with housing;
non-compliance with the deadlines for the construction and commissioning of social housing, the construction of which is carried out by construction companies selected by the authorities;
too many citizens in the general list. For example, in the Moscow region alone there are more than 100 thousand families on the waiting list for housing.

It is worth noting that any citizen who joins the queue for housing receives his own special identification number and, during the entire wait, can easily find out, using the Internet, what position he is currently in.

To do this you need to do the following:

go to the website of the administration where the application is located;
go through the registration procedure;
log in (for this you will need your last name, first name, patronymic, TIN code and phone number);
After all data has been entered correctly, information with a serial number in the list will be displayed.

After the turn comes, a representative of the administration will contact the candidate for housing and invite him to conclude a free contract for social rental housing.

By the way, citizens cannot independently choose the housing they like - the administration is already offering a specific apartment or house.

I would also like to note that while waiting in line, circumstances may arise due to which a person may lose his right to receive a municipal apartment:

the reasons for which he was put on the waiting list no longer exist;
a citizen decides to move to another region of Russia (or even leave the Russian Federation);
identification of facts of concealment of any circumstances or submission of knowingly false information, the disclosure of which would impede the possibility of placing in a queue;
if a citizen used any of his available social benefits for the purchase or construction of housing;
purchase of housing, land, completion of construction of your own home.

If the applicant is removed from the queue, then within 10 days from the date of such a decision, he (she) is sent an official notification to the address specified in the application.

Rights and obligations of the employer

All rights and obligations of a citizen who is a party to a social tenancy agreement are enshrined in Art. 67 LCD.

to accommodate other persons in municipal housing who will live together with the tenant, including temporarily;
with the permission of the management company, sublease housing;
ask to exchange or replace an apartment, room or house, subject to certain conditions;
require the owner of the premises (the municipality) to carry out major repairs, provide utilities and participate in the maintenance of common property in the apartment building;
be endowed with other rights under the social tenancy agreement.

Responsibilities boil down to the following points, which must be strictly observed:

housing should be used only for its intended purpose (for the residence of citizens);
the premises must be maintained in proper condition, routine repairs must be carried out in a timely manner (redevelopment without the consent of the owner is prohibited);
observe measures to preserve municipal property;
make payments for utility services on time and in full as established by the contract;
if the grounds and conditions under which housing was received under the contract change, notify the landlord in a timely manner.

Registration of the contract

Municipal housing after the signing of the privatization agreement. The privatization procedure is completed within 60 calendar days. The specified period begins to run from the moment the application is submitted.

Based on the results of consideration of the application and after checking the submitted papers, the municipal authority makes one of two decisions:

Sign an agreement on the transfer of real estate to the tenant.
Refuse the application.

The parties to the agreement are the administration and persons permanently staying in the apartment owned by the municipality.

The agreement must include all essential terms:

full name of the administrative body and details of the owner of the citizen;
the size of the share of each of the participants in the transaction;
technical and individual characteristics of the apartment;
rights and obligations of property owners;
the fact of gratuitous transfer of property;
grounds for granting possession of an apartment.

The agreement is signed by all persons who took part in the procedure, on the one hand, and by a representative of the municipality or housing authority empowered to sign the agreement, on the other.

Who can live with the employer?

Expert opinion

Musikhin Viktor Stanislavovich

Lawyer with 10 years of experience. Specialization: civil law. Member of the Bar Association.

Housing legislation (Part 1 of Article 70 of the Housing Code) allows parents to move their minor children into residential premises without any approval. This principle also applies when using an apartment as part of social rent.

The employer does not have to ask permission from the municipality to move in children. It should also be taken into account that if parents (or one of them) are deprived of parental rights, the child retains the right to use housing.

In addition to children, an employer can move a spouse and parents, as well as other relatives and disabled dependents into a municipal apartment as family members. All of them are obliged to comply with the terms of the contract and ensure the safety and proper use of housing.

In case of termination of family relations with the tenant, he has the right to demand their eviction.

Features of registration in a service apartment

Employees of budgetary structures may be provided with so-called official housing. Such premises are always available as a reserve.

To do this, the interested person must collect and submit the following documents to the government authority:

Passport.
A work book that confirms the fact of employment in a state budget organization.
An extract from the Unified State Register of Real Estate about the absence of ownership or lease of other housing.
Certificate of family composition.
Employment contract.
Application for allocation of housing. It is compiled by the head of the organization in which the person works.

Registration of this nature has its own characteristics. First of all, the basis for moving in is the fact of labor relations with a government agency. Registration is limited to a certain period. That is, a person and his family members can occupy residential premises as long as the employer works for a government agency. Eviction occurs after the termination of the employment relationship. Such a fact cannot be a reason for a lawsuit, since the parties initially agree on such a condition.

Payment of utility services

Obtaining municipal premises for residence imposes on the tenant and his family the obligation to pay for the utilities they use. These are all the services that the house is equipped with:

electricity, gas;
water supply, sewerage;
heating;
antenna;
cleaning common areas and local areas;
removal of solid household waste.

The fee is calculated according to current tariffs. However, they are slightly lower than the tariffs provided for privatized premises.

Privatization

First, you need to determine whether there are grounds for carrying out the privatization procedure:

be a citizen of the Russian Federation;
use municipal housing under a social rental agreement;
not previously participate in privatization (with the exception of participation while a minor, when upon reaching the age of majority the citizen is allowed to privatize property again).

Then the circle of people who will participate in privatization is established. It can be carried out:

In the common ownership of all citizens living in the premises.
For one of them. In this case, it is necessary to obtain consent from everyone else.

Afterwards, the necessary package of documents is transferred to the municipality and after its consideration, the privatization participant (participants) are invited to sign an agreement on the transfer of housing ownership. The local government authority submits the documents to Rosreestr for state registration of rights, after which the new owner receives an extract from the Unified State Register of Real Estate with his copy of the agreement.

Registration conditions

A person can be registered in non-privatized municipal housing if a number of conditions are met. They are reflected in Article 70 of the RF Housing Code. This requires the voluntary consent of not only the tenant of the premises, but also all other residents, including those who are temporarily absent. In this case, the opinion of relatives and family members, as well as all other persons who are registered at this address, must be taken into account.

The municipal body, which is the owner of the housing, may refuse permission if the person’s occupancy entails a violation of the established rules of residence, that is, the size of the area for each person will be less than the permissible minimum. Move-in is a reason for amending a previously concluded agreement.

Written consent of residents

Each resident must give their consent to the new person moving in. It is issued in writing. The current legislation does not approve the form of such consent.

The text of the document must contain the following information:

Information about the registration authority.
Last name, first name, patronymic, place of residence, contact phone number, passport series and number, employer's email address.
Similar data is indicated about the person registering.
Address of municipal housing.
Employer's consent.
Date of execution of the document and signature of the originator.

Consents of other residents must be drawn up in a similar way. It should be noted that the law does not oblige everyone to fill out separate applications. The consent of each resident can be reflected in the text of the employer’s appeal.

Lessor's consent

The implementation of the procedure for moving into municipal housing should not entail a violation of the requirements of sanitary and housing standards. That is, it is necessary to comply with the established minimum size of area for each resident. Therefore, to move a person in, you need the consent of the landlord, that is, the municipal authority that provides housing.

The text of the document will contain information about the owner, tenant, registrant, address of the property, length of stay of the person, start date of residence.

Is it inherited or not?

Property that belonged to a citizen during his lifetime as property is subject to inheritance. If the tenant of the premises under a social tenancy agreement dies, then it is automatically returned to the municipality.

The only option to inherit municipal housing is to submit an application for privatization by the tenant during his lifetime.

According to the law, if the tenant died before signing the agreement on the transfer of housing ownership and did not have time to privatize the housing, then his right passes to his heirs. Then family members have the right to legally recognize such a municipal apartment (room, house) as part of the inheritance estate, then re-register the social tenancy agreement in their name and complete privatization.

Still have questions? Find out how to solve exactly your problem! Write to our consultant right now.

Not all people have the opportunity to live in their own house or apartment. In such cases, citizens have the right to seek help from the state. The right to receive municipal housing is rarely used. This is often due to ignorance of one's rights.

Municipal apartment - what is it and who is entitled to receive it? You will find out the answers to these questions in our article.

Right of inheritance

As mentioned above, since a municipal apartment is the property of the state, after the death of its owner it automatically passes back to the municipality. The general right of inheritance here has no legal force, since only the personal property of citizens can be inherited by law.

A way out of this situation may be a will with an order for privatization. Relatives of the deceased have the right to file a claim in court to re-register the living space in their name through inheritance, with the subsequent right of privatization. In addition, you should not lose sight of the fact that only persons who are registered in this apartment can claim the right of inheritance.

To avoid litigation and eviction, the best solution would, of course, be the privatization of municipal housing by the owner during his lifetime. In this case, he can bequeath it, donate it, and even without these orders, the relatives will be able to enter into a legal inheritance.

Municipal housing - what is it?

What does public housing mean? Municipal housing is premises owned by local governments, provided for accommodation to citizens in difficult life situations. Housing space is provided for temporary use under a social tenancy agreement.

Who is considered the owner of municipal apartments? Municipal housing belongs to the state. Groups of low-income citizens and citizens of preferential categories have the right to apply for such housing for temporary use.

orphans left without care;
military personnel;
war veterans;
persons resettled from emergency residential buildings;
participants in the liquidation of the Chernobyl accident and other man-made disasters;
persons affected by natural disasters and emergency situations;
migrants from the Far North;
migrants;
citizens with chronic and life-threatening diseases.

In what cases can a tenant be evicted?

A tenant will lose a state apartment in several cases:

the tenant does not pay utility bills for a long time, usually more than six months in a row. He has no valid grounds for failure to fulfill his obligations under the contract;
using the apartment for another purpose, for example, opening a store in it, conducting craft, manufacturing activities, etc.

If a violation of the clauses of the contract is detected, the employer is given a warning and a period during which he is obliged to correct the defects (pay utilities, stop production activities).

If the employer has not eliminated all the shortcomings within the required period of time, the owner has the right to terminate the social tenancy agreement unilaterally.

Remember! If you are evicted from your apartment due to the fact that the house is intended for demolition or is recognized as unsafe, you must be provided with other housing with a similar area that meets sanitary requirements.

As a rule, a common occurrence is the eviction of a tenant due to debts for utilities. To avoid this, you should make payments on time or use an installment plan to repay the debt from the service provider company.

How to get a?

You must confirm your status and need yourself by contacting the local government with the relevant documents. Each application is checked for compliance with the requirements of housing legislation.

families and citizens who do not have any suitable premises in their property;
if citizens on the date of application live in the premises of the emergency fund;
families living in apartments, rooms, houses whose area is less than the established norm, which should be for each family member (less than 10 square meters per person);
persons who have been diagnosed with a chronic disease that is dangerous to other citizens.

Military personnel have the right to apply for municipal housing after serving at least 20 years.

Orphans receive an apartment or room from the municipal fund when they reach adulthood, and after living in it for 5 years or more, they can apply for privatization.

Rules for registering a minor child

According to the current legislation of the Russian Federation, the child is registered at the place of registration of the parents. If spouses live separately, the place of registration is the living space where the child spends most of his time. However, parents are not deprived of the opportunity to register their child in the living quarters of the father or mother.

Remember! When registering a child at the place of residence of the parents, there is no need to obtain consent from the owner of the property, as well as other family members. The child is considered registered in the premises in any case, even if the landlord is against it.