Relocation from emergency housing. Conditions of the “Dilapidated Housing” program: relocation from dilapidated and dilapidated housing step by step

One of the most controversial issues in housing law is the resettlement of emergency housing. Laws do not always work in practice, so citizens are forced to live in conditions that are unsafe for people. For the program to work as expected, Russians must know their rights and responsibilities.

What kind of housing is recognized as such?

The concept of “emergency housing” does not exist in Government Resolution No. 47 or in the Housing Code. However, it is used in practice and is mentioned in recommendations for the maintenance of housing stock, which are not an official document.

A building is considered unsafe if more than 50% of load-bearing structures and residential premises pose a danger to citizens. Dilapidated housing is not unsafe, since there are no deformations in it that lead to destruction.

Will there be resettlement from emergency housing in 2019, latest news

According to statistics, in 2019, 11 million square meters are considered emergency. km. living space. This year the state is going to resettle at least 7 million square meters. km. Chairman of the Housing and Communal Services Fund Sergei Stepashin said that by the end of 2019 the program should be completed by 90% or more.

Conditions

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

The main condition is relocation to the same conditions. The main problem is the layout of emergency houses.

They are already several decades old, they were built according to different design standards. Previously, apartments with an area of ​​40 square meters were built with 2 rooms, now with one. Therefore, the family will be moved to a one-room apartment, and not to a two-room apartment.

Formally, the norms for the provision of living space when relocating from emergency housing are met, but not the conditions for relocation, since the citizen must receive the same number of rooms.

The only way to move into an apartment with 2 rooms is to go to court, which will consider the composition of the family and make a decision.

The money that citizens spend on moving must be reimbursed in full.

In several regions, citizens are resettled en masse; the municipality pays for the work of movers who simultaneously transport furniture, equipment and personal belongings to a new home.

Rules

New housing must meet certain requirements. The Housing Code obliges state and municipal authorities to find living space that meets fire, technical and sanitary standards.

The amenities of new housing are determined according to the following rules:

  • the presence of all amenities, including transport links, utilities and apartment layout;
  • the exchange must be equal. The area of ​​the new apartment cannot be less than the old one;
  • new housing must be located in the same locality. If possible, the level of improvement of the area should not differ;
  • the benefits of certain groups of citizens must be taken into account.

Owners have the right to check the proposed housing before signing the contract and refuse to move if they are not satisfied with the conditions.

Procedure

The process begins after signing the relevant act from the body that monitors the condition of the housing stock and filling out an application from the owner. Then a commission is assembled, which recognizes/does not recognize the housing as unsafe.

The Housing Code establishes the procedure for confirming the unsuitability of a property for habitation:

  1. The application and documents are checked for grounds.
  2. If additional data is required, a request is sent to the owners.
  3. A commission is appointed that will conduct an inspection of the property.
  4. The work of the commission is evaluated.
  5. An inspection report is drawn up.
  6. A conclusion is being written.
  7. The authorities make a decision to recognize the housing as unsafe or to refuse to satisfy the requirements.
  8. The owners look at new housing, sign an exchange agreement and move.

What documents are needed

Owners submit an application, supporting it with the following documents:

  • copies of papers giving citizens the right of ownership of real estate;
  • positive conclusion of the commission;
  • the conclusion of the design and survey commission on the emergency condition of the load-bearing structures and fences of the house;
  • any documents proving the disrepair of the housing.

The application can be submitted in person, sent by mail, posted online on the State Services portal, or submitted through a representative.

Term

Once the documents have passed the initial review, the applicant has 30 days to review them. The commission may make one of the following decisions:

  • the housing is suitable for habitation and does not pose a danger to citizens;
  • housing requires major repairs;
  • housing needs reconstruction or redevelopment;
  • the property does not meet standards and is unsafe for habitation;
  • the house is in disrepair and is subject to demolition;
  • The house has been declared unsafe and will be reconstructed.

Depending on the decision made, the commission draws up a special document in 3 copies - for the applicant, for the owner and for the authorities.

Peculiarities

When the decision is made, the owners must receive an order setting out the time frame for the resettlement. If the house is subject to demolition, social and commercial rental agreements are canceled in court or voluntarily.

Article 57 of the Housing Code establishes that resettlement is a forced measure, therefore, if citizens refuse to move, the municipality has the right to file a lawsuit.

The area and layout of the new apartment are selected in accordance with the social tenancy agreement and real estate documents. Although by law the new living space must be no less than the old one, this means the entire area of ​​the premises, and not just the living space.

The number of rooms plays a role when moving from a communal apartment and moving into the same one. When evicting from an ordinary apartment, the number of living rooms can only be influenced through the court.

For the employer

Article 89 of the Housing Code establishes that premises under a social tenancy agreement must be of equal size, well-equipped by the standards of the locality and meet the requirements for relocation.

If the tenant occupied an apartment or several rooms, he has the right to receive residential premises consisting of the same number of rooms.

Owner

The owner of the apartment has the right to choose: either he receives a new apartment, or he is paid the price for the old apartment.

The redemption price includes not only the cost of the property, but also the costs associated with moving to a new place, finding a new place of residence and processing all documents. The payment goes to the owner's bank account; the amount cannot be changed.

If the owner does not agree to leave and does not accept the ransom, the administration can file a lawsuit. He may recognize the seizure of property when moving from emergency housing as legal.

The owner will receive a sum of money established by the court and will be forced to leave the premises. Without the help of a lawyer, it is almost impossible to win a lawsuit.

From council housing

If housing is recognized as unsafe, an interdepartmental commission draws up an inspection report of the living space and makes a decision on the resettlement of citizens. People are being relocated as a matter of priority, starting with the most unsafe living space.

The procedure and rules for resettlement are established in each region separately. The timing and welfare of the apartment also depend on the decision of local authorities.

Refusal

Citizens may refuse resettlement for the following reasons:

  • low level of welfare of new apartments;
  • inconvenient location of the provided facility compared to the old apartment;
  • a small amount of compensation for emergency housing.

Any reason must be supported by laws and documents drawn up in accordance with the rules of housing legislation.

Then the owners file a lawsuit in court, if in the judicial process the grounds for refusal are recognized as insufficient or unfounded, all tenants are obliged to evict forcibly, the decision cannot be appealed.

Refusal to resettle is filled out on a separate form and is the basis for the forced relocation of citizens. Eviction without the permission of the owners and without a judicial process is impossible.

The initiators of legal proceedings may be the prosecutor's office, local authorities or supervisory and housing control authorities.

If the request for forced eviction is approved, the sentence will enter into force during the enforcement process.

If citizens try to avoid execution of a court decision, they will bear the costs of enforcement proceedings and administrative fines.

Arbitrage practice

Local authorities have 3 months from the moment the owners apply to the court to prepare documents and file a counterclaim. If a land plot is withdrawn for municipal needs, the process can take up to six months.

If within 3 months the owner does not sign an agreement on the seizure of property, then the municipality will be able to evict the citizen through the court with equivalent preliminary compensation for damage.

If the owner does not agree with the claim, he has the right to present his arguments in an objection, and the court will take this document into account.

Most disagreements arise over the amount and method of reimbursement for the apartment. For example, the municipality offers real estate in exchange, and the owner wants to receive monetary compensation. Or the amount of payments may be less than the citizen expects.

The Housing Code gives owners the right to choose the house or apartment into which they move. The municipality is obliged to offer at least 3 different real estate options in the same area where the person lived.

If a citizen agrees or has expressed a desire to live in another area, his decision will be considered and taken into account. If the owners are evicted illegally (if there is evidence), the court will side with them.

Video: Resettlement of emergency housing. Consultation with a lawyer from the Real Estate Chamber

The latest news about the resettlement of citizens from dilapidated and dilapidated housing in 2019 suggests that the main points have already been revised and the procedure for carrying out this procedure will be completely different than in previous periods.

Today, the resettlement of dilapidated and emergency buildings is carried out at the expense of budgetary allocations, which makes it possible for owners, regardless of their earnings, to receive a new apartment for free. The amendments did not affect this part this year, but significantly changed the procedure for recognizing high-rise buildings as unfit for habitation. Let's look at the new provisions in more detail and highlight those points that you should pay attention to.

According to current legislative norms, in Russia, starting next year, a different procedure for recognizing housing as dilapidated and unsafe will be in effect.

The following characteristics may serve as grounds for classifying a building as unsuitable for habitation:

  1. The house has a deformed foundation and cannot be restored or repaired.
  2. There are no communications in the room, for example, electrical wiring or plumbing.
  3. The house is not connected to the central heating system, and each apartment is heated individually.
  4. The apartments do not have windows, which does not provide enough light to maintain normal health for the residents.
  5. Living spaces contain a large amount of toxic substances, which is contrary to Russian Federation standards.
If at least one of the characteristics is present in a certain building, then the house is considered unfit for habitation and must be demolished.

Rules for the resettlement of residents

As part of the state program, the resettlement of citizens in the period 2016-2020 will take place according to new rules:

  1. The new living space must correspond to the old one in size or to the criteria established by the state - 18 square meters. meters per resident. For example, if a family of 4 lived in a room of 40 square meters. meters, then she can count on receiving a new home with an area of ​​72 square meters. meters and more.
  2. The resettlement of citizens should take place in houses where living conditions will not be worse than in the old apartment.
  3. First of all, new housing is provided to people who have no other options for living.
  4. If the homeowner lives in another place, and the building in which the apartment is located is included in the list of emergency buildings, he is not entitled to a new living space, but compensation is paid.

Changes after 2019

At the end of this year, the state resettlement program will cease to operate in its previous form. Under the new procedure for obtaining apartments, owners are provided with an additional payment for living space.

The main goal of this innovation is to increase the responsibility of the population for new apartments. In addition, the purpose of introducing payment presupposes the possibility of choosing the living space where the owners of dilapidated housing will move in. For example, if a citizen wants to remain living in the old area, then he will have to contribute a certain amount towards the construction of new housing.

For residents of historical areas, the state program provides for separate conditions of participation, under which the owners will be able to choose a new place of residence independently.

What if the owners cannot pay the required amount?

The likelihood that owners will not be able to deposit the required amount of money is very high. In this case, another option for obtaining housing is provided - signing a social rent agreement. This method involves registering a non-commercial lease of residential premises with subsequent purchase. In other words, the resident pays only for utilities. You can count on this option:

  • residents with disabilities;
  • low-income and large families;
  • persons of retirement age.
All other groups of citizens who have chosen social rent will be required, in addition to utility bills, to pay monthly rent - up to 70 percent of the market rental of residential premises.

It is important to note that new apartments from the state will no longer be provided free of charge from September 2019. The new procedure will apply to housing that is deemed uninhabitable in October.

What is the essence of the changes made?

On the one hand, many people participating in the project will think that these measures are very strict and were taken specifically to deprive citizens of their living space, but there is also a logic in the decision taken. Very often, government projects involve people who specifically purchase old housing in order to then get a new apartment and sell it profitably.

The program is designed to provide people who really need it with new living space. Innovations will make it possible to solve this problem much faster and at the same time get an apartment for families, especially those in need, without turning to the bank for a mortgage loan.

Conclusion

Starting next year, the resettlement program will operate under different conditions, and people will no longer be able to get new housing completely free of charge. The requirements for recognizing buildings as dilapidated and unsafe will also become more stringent. Persons who cannot pay the required payment for new housing will have the opportunity to sign a social rental agreement, but will still have to pay for the use of living space, but on a monthly basis.

For quite a long time, the Moscow authorities have been dealing with the issue related to demolition of residential five-story buildings. It is expected that in 2018, residents of the old houses will be relocated to a new building located in the same area. The construction of real estate should be financed by the capital authorities, as well as the development companies responsible for demolition of emergency houses and construction of new buildings.

Today the question is with relocation to new buildings not fully resolved. Many citizens are forced to live in dilapidated houses. However, the Moscow leadership promised that next year resettlement program will be continued. It is already known today that in order to achieve this goal, not only a ready-made plan for the resettlement of citizens from dilapidated housing is required, but also a certain regulatory framework with amendments made to the budget. So, relocation to new buildings More than one and a half million citizens are waiting.

Basis of the program for relocation from emergency housing to new buildings

By 1959, residents of barracks, communal apartments, were able to acquire separate housing with all amenities. Five-story buildings, which in our time are called “Khrushchev” buildings, were erected throughout the country. By modern standards, such housing can hardly be called comfortable: there were no parking lots, built-in preschool institutions, high-speed elevators and other modern amenities; moreover, each apartment had the same layout. However, at that time for Muscovites such housing was the ultimate dream.

Five-story buildings were erected at incredible speed, which also affected their strength. It was calculated that the service life of the houses would not exceed 30 years. Therefore, it is not surprising that today buildings need major repairs, but this is only a temporary way to solve the problem.

Back in early 1990, it was proposed to start demolition of emergency buildings, which do not belong to objects of architectural heritage. As an alternative to five-story buildings, the issue of building high-rise buildings was considered. The implementation of the program was planned until 2009. During this time, residents of dilapidated housing had to move to new buildings.

However, only in 2010 the government approved a 5-year plan, on the basis of which the Khrushchev buildings were to be demolished and people in need were resettled in new apartments. But the implementation of this project required large financial costs, so the date of its full implementation was postponed to a later date. The economic crisis that occurred in the country in 2014, as well as the lack of land suitable for construction, also caused difficulties with the resettlement of citizens. Only by the end of 2016 did the authorities manage to complete the first part of the program.

What are the results of the first part of the resettlement program?

In 2016, the capital authorities summed up the results of the implementation of the first part of the program, saying that construction of new buildings goes at a fast pace. According to the government, approximately forty houses are awaiting demolition, the residents of which will be required to receive apartments in new buildings. So, during this year it was planned to demolish 20 buildings. However, financial and social problems again prevented the implementation of the promised plans.

It became known that not all residents of houses subject to demolition can become owners new real estate. This is all due to the price range of real estate. Thus, citizens whose old housing will cost less than the price of a new apartment will be able to live in it only on the terms of a concluded social tenancy agreement and a monthly rent. Moreover, their responsibility will include paying utility bills. Not every citizen is ready to accept such conditions. Thus, the full implementation of the first part of the program should be completed by 2019. To date 95.5% were demolished dilapidated housing.

What to expect in the new year?

According to the mayor of the capital, demolition will have to be subject to order 8 thousand houses, which will lead to more ambitious conditions for the implementation of the program. However, dismantling dilapidated housing will require additional funding and the creation of a new regulatory framework. Sobyanin expects to personally control the entire process, as well as enlist the support of the head of state.

Implementation of a new project will allow us to completely get rid of five-story buildings in order to build new, comfortable housing by modern standards. It is planned to compensate for the lack of funds to implement the plan through the help of investors.

Solving the issue by updating or changing

The authorities promised to decide on methods for implementing the new project by the end of 2017. It is worth noting that major repairs and attempts to reconstruct buildings are only temporary measures to preserve dilapidated housing. Therefore, the government is committed to completely renovating the capital. In the process of developing the project, they will take into account not only the opinions of deputies, but also the residents of Moscow themselves.

According to Volodin, the implementation of the project will provide jobs for a large number of citizens, which means it is important in social terms. Indeed, today the unemployment rate continues to rise.

Some difficulties of the new project

At the legislative level, there are only 2 options for carrying out transactions in civil law relations: commercial demolition, as well as market buyback. Both options are not suitable for the project. Housing that falls under these conditions is not classified as unsafe (or dilapidated). Therefore, produce demolition of such houses is impossible. In order to implement a program to dismantle old houses, it is necessary to regulate this issue legislatively.

There is also an acute issue with areas under construction of new buildings. Thus, most houses are built in former industrial zones, as well as on the site of demolition of emergency housing. The cost of the work performed is also important, which consists not only in the construction of comfortable modern housing, but also in the improvement of infrastructure.

Some experts are of the opinion that the construction of high-rise buildings in old areas will lead to overcrowding of the population, which will result in the emergence of social as well as transport burden. Also, the legislation provides for the right of citizens to receive new housing in the area their previous residence. The authorities plan to revise this condition, which will allow people to be resettled in any area. However, such an action is planned to be compensated for citizens in the form of providing larger real estate.

Implementation of the project from a financial point of view

The authorities assure that the financial issue in the implementation of the project should not cause inconvenience. After all, the state receives enough funds from taxes collected from citizens. Despite this, according to some opinions, it will not be easy to implement the plan. After all, one demolition of houses in Moscow should cost approximately 40 billion rubles. To run the program you will need none trillion rubles.

It is unknown whether the project will be launched in the new year, or whether the start of its implementation will be postponed to 2019. After all, it is more expedient to start implementing the plan after elections of the head of state, which will take place in the spring of 2018.

Most of Russian municipal housing, built back in the Soviet years between 1940 and 1970, has technically exhausted its potential, and living in it is becoming dangerous. Old buildings become unsuitable for use as residential premises and form the so-called emergency fund. Therefore, resettlement from dilapidated housing is one of the most important tasks of the current government in the coming years.

A program to improve the quality of living conditions for citizens by relocating from declared emergency housing has been developed on a state scale.

The program is being implemented taking into account Russian legislation, including:

  • bill of July 21, 2007 No. 185, as amended on April 25, 2018;
  • standards of Article 32 of the Housing Code of the Russian Federation;
  • identifying the need for reconstruction or demolition in accordance with.

Thus, in Russia there are 44,673 multi-apartment residential buildings in disrepair, identified by January 1, 2018. Houses given the status of emergency housing are subject to resettlement of citizens under individual programs of federal significance, as well as specified by regional authorities and territorial divisions of the Ministry of Construction.

Housing is recognized by law as dilapidated, as well as in emergency condition, and is declared when it represents a set of factors that are dangerous to human health or life.

Government Decree No. 47 identifies certain signs of unsuitable housing:

  • wear and tear of a part of the house in the form of individual structures, floors, or its physical complete wear and tear, in which even with major repairs it is not possible to restore it;
  • deterioration of the microclimate, low level of sanitary and epidemiological standards;
  • deformation of building elements, its structures, foundation, walls, suggesting a danger of collapse;
  • disrupted operation of communications and electricity without the possibility of restoring a stable supply;
  • recognition of the absence of sanitary and epidemiological standards in the surrounding territory;
  • location of houses in areas with a high level of natural disasters. For example, landslides, earthquakes;
  • suffered explosions, fires and other emergencies.

The law is part of a national project developed based on the May decrees of the President “Housing and the urban environment.”

IMPORTANT! Residents can initiate resettlement.

A special commission recognizes the house as unsuitable for use as a dwelling based on the absence of certain characteristics and provided that it is not possible to create them. Thus, the law on resettlement comes into force if emergency housing has from 70% to 100% of the level of wear and tear, or it is assigned the status of dilapidated if the level of wear and tear is from 65% to 70%.

If only part of the housing is considered unsafe, only those whose apartments are located in this part will be eligible for the program developed for the resettlement of residents from a dilapidated building.

Conditions and procedure for relocation from emergency housing

Not only owners, but also tenants of residential premises have the right to take advantage of the state program.

The main condition for relocating owners from emergency or dilapidated housing is the provision of other housing to replace the emergency one in kind or in the form of a subsidy.

There is a special queue, a procedure for the resettlement of emergency housing, justified by the percentage of the degree of accident, in the first lines of which are buildings with a high level of wear and tear. To monitor the implementation of the program and compliance with the conditions for the eviction of owners from their dilapidated housing, the state has formed regulatory bodies.

Standards in square meters developed for the resettlement process:

  • not less than 33 m2 per person;
  • 42 m2 for a family of two;
  • from 18 m2 per person in a family, if more than 2 people are registered.

Municipal authorities cannot allocate living space if its size exceeds the allotted standards by 2 times. At the same time, an increase in area is available to citizens who have awards, an academic degree or title, disabled people, who have a relative suffering from a serious illness.

Procedure for relocation from emergency housing determined for owners by the following rules:

  • Formation of an appeal by a citizen personally to the city administration to assign his living space the status as not acceptable for being in it;
  • provision of a certificate informing the authorities about the number of family members from the housing office;
  • whether the owner has the right to the premises or a social tenancy document;
  • having a passport;
  • written consent of family members certified by a notary;
  • familiarization with a written response from the administration about the decision made no later than 3 weeks;
  • Formation of a transfer and acceptance certificate upon receipt of an apartment.
  • Formation of a written request in the form of an application from persons responsible for supporting the housing stock, for example, a representative of the housing and communal services.

Applications are accepted by an authorized commission on behalf of the state.

The commission includes:

  • specialist from the architecture department;
  • housing inspection representative;
  • employee of public utilities and landscaping.

The commission’s conclusion and the completed inspection report are transferred to the owner or tenant. After which, residents are supposed to join the queue that is being formed. Replacement of residential space is issued taking into account Article No. 89 of the Housing Code of the Russian Federation at various addresses within the same city, for which a budget will be allocated for residential landscaped areas.

IMPORTANT! A family can request living space in another locality by notifying the administration in writing. From several options, the family has the right to choose the appropriate one.

Residents are offered temporary housing if the house has already been declared dangerous, and the necessary amounts have not yet been transferred from the budget to the balance of the municipality. Temporary premises are allocated from the flexible housing stock and are calculated in the amount of 6 m2 per person in accordance with the standards specified in the Housing Code of the Russian Federation, Articles No. 92, No. 99-103.

The local administration, together with regional authorities, is implementing the program with established conditions for relocating citizens from emergency housing, including:

  • formation of an annual list of emergency buildings;
  • distribution of the corresponding budget.

In order for the owner to get in line to move out of dilapidated houses, an expert independent assessment of the living space is carried out, which forms the basis for calculating the amount of compensation due. Compensation can be provided to a citizen if he is not satisfied with the replacement option proposed by the authorities.

Emergency resettlement rules housing is determined by the circle of people to whom it is available:

  • direct owners of apartments or their legal successors who have a social tenancy agreement concluded with the administration of the locality;
  • owners who have registered the rights to an apartment or private house located on municipal land;
  • having rooms in private property or communal housing classified as municipal.

Thus, the rules for relocating from housing that has emergency status when moving allow residents whose property was registered in Rosreestr to interact with the authorities more independently. This category of citizens is allocated an apartment according to the law of a similar territory or the cost is reimbursed in the amount of the price on the residential market in accordance with Articles No. 32, No. 87, No. 89 of the Housing Code of the Russian Federation.

The timing of relocation from emergency housing according to the rules established by law is negotiated and prescribed when concluding an agreement. Regional programs have a number of individual features, as they are developed by specific officials responsible for a particular region.

IMPORTANT! Typically, the period of resettlement of registered residents from emergency housing does not exceed 6 months.

Accordingly, it is necessary to clarify the procedure for the procedure and period of relocation from an apartment at a new address located in a dilapidated apartment building subject to demolition with local authorities.

Important changes in legislation in 2019

The bill developed by the Ministry of Construction contains innovations for the implementation of the program for relocating compatriots from housing that has the status of emergency.

An overview of innovations in 2019 includes the following:

  • Residents are given the opportunity to reconstruct the house by independently demolishing the old one and erecting a new one in its place. For the period of temporary resettlement of an emergency building for the period of reconstruction, citizens are provided with living space from the maneuverable fund;
  • the opportunity to sell the house to an investor who is able to carry out reconstruction work is provided;
  • formation of a register of unsafe houses, available to any citizen in the public domain.

The right to compensation for residential space subject to liquidation in kind or an equivalent amount of money from the Overhaul Fund will remain unchanged.

Conditions for the resettlement of compatriots in 2019 include:

  • development of their own program within each region by local authorities based on federal laws;
  • The duration of the programs is for a three-year period;
  • control of housing and communal services during house reconstruction;
  • requirement of partial payment for new housing. The resident is given the opportunity to independently choose the area;
  • new apartments can be selected on the secondary market, but they must meet the standards of improvement and be built according to the technologies established by the rules;
  • the size of the allocated area may be increased if the citizen notifies the authorities in advance and reasonably in writing;
  • citizens have the right to appeal against unsuitable conditions in court;
  • the municipality goes to court if residents are against relocation;
  • in exchange for a new area, a citizen can request financial compensation equal to the market price of his old apartment;
  • the owner is given financial compensation if he has other housing.

It is important to know your rights when resettling. By contacting specialists at a law firm, you can find out how to get an adequate price or even an inflated one when evaluating an old property, and how to get a new apartment with improved conditions.

Arbitrage practice

The legislation provides the opportunity for displaced persons to file a claim with a judicial authority when the municipality does not provide alternative housing or the compensation amount is not credited to the citizen’s account within the time limits established by the regulations for resettlement from emergency housing declared by the commission.

Judicial practice of resettlement meetings shows that it is important to go through all the procedures for participation in the developed resettlement program and formalize them properly.

Thus, the plaintiffs wrote a statement to the court with a written request to the city administration to move them to equivalent housing, due to the fact that in fact their housing was in disrepair, but the defendant did not take measures for relocation.

The plaintiffs demand recognition of the violation of the rights to their safety, justifying their demands under Art. 85-87 of the Housing Code of the Russian Federation and oblige the authorized bodies to provide them with comfortable housing free of charge.

The court, after hearing the arguments of the parties, determined that the residents own the housing under the concluded social tenancy agreement. The residents did not initiate and did not implement the preliminary procedure for the transfer of the house and adjacent land plot to remove them from state to municipal property, in accordance with Part 10 of Article No. 32 of the Housing Code of the Russian Federation.

Thus, without observing the procedure established at the legislative level, the court is not able to oblige the city administration to provide the plaintiffs with new housing to replace the damaged one.

The claims filed were denied.

Conclusion

The state's obligation to residents whose houses are next in line for resettlement is to provide comfortable new apartments.

To avoid fraud on the part of corrupt officials, it is possible to go to court, including the state, which bears full responsibility for the resettlement of people.

You can find out more about the latest changes in the next post.

We also remind you that on our website you can sign up for a free consultation with a lawyer to receive qualified assistance under the program for relocation from emergency housing.

We are waiting for your questions and ask you to rate and like the post.

Loading...Loading...