How will the management authority be punished for violating the deadlines for responding to residents’ requests?

Legislation

The work of state housing inspectors is regulated by:

1. Housing Code No. 188-FZ of December 29, 2004, establishing general requirements for the work of residential housing.
2. Regulation “On State Housing Supervision” No. 493 dated June 11, 2013 names the responsibilities and powers of the supervisory agency.

The regulatory authorities and their capabilities are listed in:

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1. Code of Administrative Procedure No. 21-FZ of 03/08/2015, which describes the procedure for applying for judicial protection.
2. Law “On the Prosecutor's Office” No. 2202-1 of January 17, 1992. It contains the grounds for inspections and the rights of prosecutors.

How can power influence management companies? Where and how to complain?

03.12.2013

Housing and communal services / Management companies and homeowners associations

Controversial issues related to the actions of management companies (MCs) can be of a different nature. For example, some are devoted to the terms of concluding an agreement with the management company or some of its clauses. Others relate to sanitary and epidemiological requirements that must be monitored by the Criminal Code. They relate to lighting, ventilation, heating, noise levels and other things. Cases of dishonest execution of a contract deserve special attention. The questions that follow are quite natural: where can I complain about the management company? What authorities can influence it?

There are many examples where complaints are appropriate. Thus, at one of the legal forums, a resident of Perm asked a question about the fact that a tree with a crown of 3 m was located very close to the walls of the house. Less than 4 meters. However, it was dilapidated. Therefore, there was a danger for residents and passers-by. The management company did not take measures and did not recognize the risk associated with this. The lawyer advised to solve the problem with the help of local government bodies - the district administration. As a result, the management company was ordered to cut down the dilapidated tree.

In order for similar and other situations to be resolved as quickly as possible, you need to know where to turn in the event of inaction by the service company. This is the subject of the official response from the Regional Energy Commission of the Vologda Region.

How can power influence management companies? Where and how to complain?

Firstly, management companies, in accordance with the Decree of the Government of the Russian Federation dated September 23, 2010 No. 731 “On approval of the standard for information disclosure by organizations operating in the field of management of apartment buildings (MKD)” are required to disclose a certain list of information, including information on expenses, incurred in connection with the provision of services for the management of apartment buildings, as well as provide explanations to citizens on issues of interest to them.

Secondly, the bodies whose powers include monitoring the activities of the management company include:

– state housing supervision bodies (state housing inspection),

– Rospotrebnanzor,

– local government bodies.

Housing inspection bodies are required to conduct inspections based on applications from owners of premises in apartment buildings (clause 2, clause 5, article 20 of the Housing Code of the Russian Federation). The subject of such control measures may be:

– the legality of the decision by the general meeting of premises owners to create a HOA;

– compliance of the charter of the partnership, amendments made to the charter with the requirements of the law;

– the legality of the election by the general meeting of HOA members of the chairman and other members of the board of the partnership;

– the legality of the decision by the owners of premises in the apartment building at a general meeting to select a management company for the purpose of concluding a management agreement for the apartment building;

– legality of approval of the terms of the management agreement and its conclusion.

Rospotrebnadzor is authorized to verify compliance with sanitary and epidemiological requirements for the condition of the housing stock (Letter of Rospotrebnadzor dated September 13, 2011 No. 01/11702-1-32).

Finally, if, in the opinion of the owners of the premises, the management company does not fulfill its obligations under the management agreement in good faith, residents can file a complaint against the actions of the management company with the local government body.

According to such a statement, local authorities are obliged to conduct an inspection within 5 days, and if the violation is confirmed, no later than 15 days from the date of application, they must convene a meeting of owners of premises in the apartment building to resolve issues of terminating the contract with such a management company, choosing a new management company or about changing the method of managing the house (clause 1.1 of Article 165 of the Housing Code of the Russian Federation)

It turns out that only owners can make a decision to change an unscrupulous management company; local government bodies have the responsibility to help them comply with the procedure provided for by law (conduct an inspection).

Sources: Regional Energy Commission of the Vologda Region

Responsibilities of the housing inspection

GZHI are organized to supervise the activities of companies in the housing and communal services sector. Their responsibilities include monitoring:

• proper use of residential buildings and the area around them;
• serviceability of equipment, water supply systems, sewerage systems, electricity supply, elevators;
• quality and timeliness of repairs;
• reliability of calculations of the amount of water, gas, light per person;
• maintaining the sanitary condition of residential buildings, timely preparation for the change of seasons;
• taking into account the consumption of water, gas, light, heat;
• continuity of provision of services by utilities to consumers;
• compliance with the requirements of the law to recognize houses as safe for living or unsafe, relocation of residents;
• refurbishment of apartments for shops and offices;
• concluding contracts for building management;
• installation of communal resource consumption meters;
• licensing of management companies.

Supervision extends to general issues and is aimed at ensuring the safety of people.

Important : Residential property owners deal with problems related to the common property of apartment buildings.

What is not the responsibility of the State Housing Inspectorate?

The housing inspection does not solve problems related to the personal use of apartments or compliance with individual agreements between the management company and the resident. Complaints from private property owners are not considered.

Problems with payment of utilities, provision of installment plans or benefits are not within their jurisdiction.

GZHI do not deal with damage to apartment equipment that does not belong to the common building. The owners of the premises are responsible for the serviceability of gas and electric stoves, meters, and batteries.

What can you file a complaint about?

The legislative framework regulating the public utilities sector consists of:

• Housing Code of the Russian Federation;
• Government Decrees No. 534 of 05/06/11, No. 772 of 12/16/06, No. 47 of 01/28/06;
• other federal and municipal regulations.

It is also allowed to introduce rules for the provision of housing and communal services based on the decision of the owners of apartment buildings in Volzhsky. They are prescribed in an agreement signed with the management company and the local administration. The HOA administration also has this right. To ensure proper sanitary conditions, hygienic and epidemiological requirements, the service organization must adhere to SanPiN. Violation of sanitary standards is a good reason to file a complaint.

Heating season in Volzhsky in 2021

Citizens officially residing in the premises can complain about:

• low quality of services provided: lack of hot and cold water, low room temperature, insufficient pressure, which happens among residents of the upper floors, power surges; cold batteries;
• improper condition of the housing stock under the management organization: lack of repair work, refusal to provide some services from the list or their irregular provision;
• fraud with tariffs: unilateral revision of tariffs, unauthorized recalculation;
• violation of the deadlines for major repairs, overestimation of estimates for its implementation;
• high humidity, the presence of fungus, freezing of walls and other signs indicating an inadequate sanitary, hygienic, and epidemiological condition of housing;
• ignoring complaints, violating the deadlines for their consideration;
• refusal to provide data on price, quality of work, reports on services provided for the past period.

Compensation for housing and communal services if there is a disability in Volzhsky in 2021

The list for claims is not limited to the specified reasons and can be increased, for example, if the houses do not meet the requirements for improvement (failure to comply with the terms of removal of household waste, late pumping of septic tanks, etc.)

Who controls GZHI

The system of supervisory departments is designed in such a way that subordinates are subordinate to superiors. City housing estates are controlled by regional ones. Their work is organized by the chief housing inspector.

The legislator obliged local authorities to create territorial public housing estates. They report to administrations or deputy heads of regions.

By establishing subordination, the state seeks to eliminate cases of violation of the rights of citizens.

General control over the quality and timeliness of the performance of duties by housing inspectors is carried out by the prosecutor's office. It initiates inspections of the latter’s activities, issues orders to eliminate violations, and punishes in case of non-compliance.

Public control is provided. Having discovered violations, people can report them to government authorities, preventing negative consequences.

From time to time, the court can resolve the dispute between residents and inspectors. Its acts are binding on all participants in the process.

Important : people can monitor the work of the State Housing Inspectorate by reporting shortcomings, errors, and inaction to other supervisory departments.

Other ways to contact the housing inspector

To communicate with the Moscow Housing Institute, there is an official website with a personal account and email. A written application on paper or filling out a form on the portal is available.

Website

The official website of the MJI of Moscow is working:

www.mos.ru/mgi/…

The portal is part of the official website of the Moscow Mayor. There are sections with information about management and subordinate organizations, including their contacts. On the website you can familiarize yourself with department news, documents, and main areas of activity.

Information on sending appeals to the head of the department has been published:

www.mos.ru/mgi/…

A sample application is provided. Be sure to indicate the reason for your request and your full name. Unsigned applications are considered anonymous and will not be considered. Applications can be sent by mail or registered during a personal visit to the department. Correspondence is not carried out via E-mail.

There is an electronic reception on the website of the Moscow Institute of Foreign Affairs:

www.mos.ru/feed…

Select the Moscow Housing Inspectorate as the recipient, indicate your full name, phone number, E-mail, address. In addition to the appeal itself, you need to briefly describe its essence, indicate the fact and date of the appeal to the executive authorities. Attach a file if necessary.

Email

You can write a complaint to the housing inspection, ask questions or send a proposal by E-mail. There is a general mail:

[email protected]

You can contact the housing inspectorate of a specific district by email:

• [email protected] – Eastern;
• [email protected] – Western;
• [email protected] – Zelenogradsky;
• [email protected] – Northern;
• [email protected] – North-Eastern;
• [email protected] – North-West;
• [email protected] – Troitsky and Novomoskovsky;
• [email protected] – Central;
• [email protected] – South-East;
• [email protected] – South-West;
• [email protected] – Southern.

In what cases can you complain?

Government organizations can fail to act in different ways. These include cases:

• if the person was not informed about the results of consideration of his appeal;
• the information on which the answer is based is incorrect;
• the check has not been completed completely;
• dilapidated housing is not recognized as unsafe and dangerous for living;
• the supervisory agency refuses to accept or register citizens’ appeals;
• situations where responsibilities are not fulfilled and the rights of residents are violated.

Can they refuse to accept

The legislator established that citizens' appeals must be registered.
The bodies that control the work of residential housing cannot refuse to accept complaints. Applications remain without consideration in the following cases:

• incorrect drafting;
• inability to read or understand meaning;
• use of rude, unliterary expressions in the text;
• requirements to report information classified as secret;
• addressed to other authorities;
• repeating the questions asked.

Important : government agencies cannot refuse to accept applications from citizens. They are registered and studied without fail. After a specified period, a decision is made to begin the inspection, refuse to review, and return the document to the applicant.

How to correctly write and submit a complaint about inaction

There are general rules by which complaints are written against the actions of government bodies and employees:

1. First you need to indicate the body to which the appeal is sent, then information about yourself - personal data, address, telephone, email.
2. Describe the essence of the violation, attempts made to resolve the dispute in lower authorities, and the responses received.
3. List your requirements.
4. Attach evidence.

Attached documents

The list of documents supporting the applicant’s arguments depends on the issue that will be considered. For example:

• claims and responses to them from management companies, housing estates;
• photographs of buildings, courtyards, cracks in walls, destruction of foundations,
• receipts for utility bills, checks;
• home maintenance contracts;
• expert reports.

The legislator provides for the sequence of departments studying citizens' appeals: from lower to higher. This order cannot be changed. Each new complaint must be accompanied by documents confirming the violation and responses from other authorities.

Important : when writing a complaint, you should not express your opinion overly emotionally. The text must be clear and readable.

To the prosecutor's office

Appeals to the prosecutor's office are not much different from others. In order for employees to begin an inspection, you must write a complaint. It is addressed to the prosecutor of the district in which the inspectorate is located, whose actions are being disputed. Information about the applicant must be provided. The text describes the current situation and a request to take action against the offender.

You can complain in person. Prosecutor's offices provide for days for the reception of citizens by the prosecutor, his deputies and assistants. Each of them can accept it.

The appeal can be sent by mail. In this case, you must pay for delivery notice. It is possible to submit information online. To do this, you need to find the official website of the prosecutor's office, write an application according to the proposed sample and attach scanned documents to it.

It is allowed to simultaneously complain about the State Housing Property to different departments.

For the court

Complaints against the actions of officials and organizations are considered administratively. To do this, you need to draw up a statement of claim. It must indicate:

1. Name of the court.
2. Information about the plaintiff - his last name, first name, patronymic, date of birth, address; information about the higher legal education of his representative.
3. Information about the defendant - his name, registration address and location.
4. Description of the dispute, request to punish the culprit, oblige repairs, recognize the building as unsafe, and others.

The complaint will not be considered if the pre-trial procedure for resolving the conflict is not followed.

The court cannot refuse to accept the application, but has the right to leave it without consideration if it finds shortcomings.

Complaints are considered at the place of residence of the plaintiff or the address of the defendant. If the issue is referred to the jurisdiction of another judicial authority or court, the document will be returned to the plaintiff with an explanation of the right to appeal to another body.

Since 2021, it has been possible to submit claims to the courts via the Internet. To do this, you need to be registered on the State Services portal, go to the court’s website and find the electronic appeal form. Access to it will open after entering the password from the site providing government services. In this case, the quality of document copies will be of paramount importance.

It is necessary to differentiate responsibility under Art. Art. 7.23.3 and 14.1.3 Code of Administrative Offenses of the Russian Federation

The Presidium of the Supreme Court of the Russian Federation formulated its position, answering the question about the differentiation of administrative offenses when bringing a management organization to administrative responsibility (approved by the Presidium of the Supreme Court of the Russian Federation on June 5, 2021).

The court indicated that when bringing the administrative authority to administrative responsibility for failure to consider or violation of the procedure for considering applications, appeals from owners and users of premises in an apartment building, it is necessary to distinguish between the elements of administrative offenses under Part 1 of Art. 7.23.3 and part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation.

Part 1 art. 7.23.3 of the Code of Administrative Offenses of the Russian Federation provides for liability for violation of the rules for carrying out business activities related to the management of apartment buildings. For officials, this is an administrative fine of 50,000 to 100,000 rubles or disqualification for up to 3 years. For legal entities - a fine from 150,000 to 250,000 rubles.

According to Part 2 of Art. 14.1.3 of the Code of Administrative Offenses of the Russian Federation punishes for managing apartment buildings in violation of licensing requirements. Officials face a fine of 50,000 to 100,000 rubles or disqualification for up to 3 years, legal entities face a fine of 250,000 to 300,000 rubles.

If the management organization does not respond in time to the request of the residents of the house for a register of owners for the general meeting, then it violates the licensing requirements. For this, she can be held accountable under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation.

If the MA does not respond to other messages from residents of an apartment building, its actions must be qualified under Part 1 of Art. 7.23.3 of the Code of Administrative Offenses of the Russian Federation, that is, as a violation of Rule No. 416.

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Collective statement

An appeal against the inactions of the housing inspectorate is possible by several people at the same time. In this case, one general document is drawn up, which is signed by all residents whose rights have been violated. The only difference is the listing of all victims. Collective appeals are considered more effective.

The prosecutor can file a claim in court to protect the rights of several people at the same time. If the victims themselves go to court, the claim lists information about each of them.

Other phones

You can contact the housing inspection at other numbers:

• +7 – telephone number of the housing inspection hotline;
• +7 – general telephone number, you can get information on previously received requests, clarify information on the qualification exam;
• +7 – information service, as on the previous number, you can call from 8 to 17 on weekdays, on Friday until 15.45;
• +7 and, extension 15-09 – telephone numbers for inquiries, calls are accepted on weekdays from 8 to 17, on Fridays until 15.45;
• +7 – housing inspection of the Central Administrative District;
• +7 – Southern Administrative District;
• +7 – Novomoskovsky and Trinity districts;
• +7 – GZHI, telephone in the Northern District;
• +7 – Western district.

Phone numbers for other districts can be found on the housing inspection website. The working hours of subordinate organizations are the same.

What are the review deadlines?

Higher authorities consider complaints within a month. If it was not possible to eliminate the violation during this time, the applicant is sent information about this indicating the planned activities and the timing of their implementation.

Prosecutor's office employees work with citizens' appeals for 30 days, after which they inform them about the results of the inspection. If the deadline falls on a weekend or holiday, it is postponed to the next business day.

The period for consideration of applications is reduced to 15 days if:

• the received application does not require additional verification;
• if representatives of the corps of human rights commissioners make an application or complaint;
• if you need to give a response to a parliamentary or deputy request.

The courts consider complaints until all circumstances are clarified. Applications are registered 3 days in advance. The first meeting is scheduled as the case is being prepared for the hearing Art. 134 CAS RF.

Important : the system of penalties for government agencies and employees is designed to improve the quality of their work.

Failure to comply with the procedure for considering applications is a violation of licensing requirements

The Ministry of Construction of the Russian Federation, in its letter No. 15772-OG/04 dated April 23, 2019, expressed a tough position: if the management organization does not comply with the procedure for considering residents’ requests and disclosing information provided for by Rules No. 416, it violates licensing requirements.

The organization managing the house must promptly respond to requests from residents of the house. This responsibility is a licensing requirement. Appeals regarding poor quality utility services must be responded to within 3 business days after receipt of the request.

In response to such requests, the MA provides the consumer with copies of the inspection report/act of violation of quality or exceeding the established duration of the interruption in the provision of services. The consumer is also sent a response regarding satisfaction or refusal of the request with the reasons for the refusal.

Within three working days, the MA provides a response to requests for rent calculations. Appeals of a different nature from residents of an apartment building must be answered within two weeks.

The listed deadlines are established by Rules No. 416. The Ministry of Construction of the Russian Federation indicates that compliance with these Rules is included in the fulfillment of the MA’s obligations under the MKD management agreement, and therefore is a licensing requirement.

Failure to comply with the deadline for responding to building residents is considered a violation of licensing requirements. For this, public housing estates can issue an order to the management organization and punish them with a fine under Part 2 of Art. 14.1.3 Code of Administrative Offenses of the Russian Federation.

There is another, opposite point of view on the question of how to qualify a late response to a resident’s appeal to the OU. It seems to us more balanced and logical and belongs to the Presidium of the Supreme Court of the Russian Federation.

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