Every low-income family can take advantage of social rent to improve their living conditions. This opportunity is provided by the state if the family meets certain criteria.

For what period of time housing is provided in this case and what operations can subsequently be performed with it, we will consider below.

How to get housing under a social tenancy agreement

A social tenancy agreement is drawn up between the homeowner and the tenant. The state acts as the owner, and the tenant can be any person who needs to improve their living conditions and is recognized as low-income.

The criteria for recognizing a family as low-income are established by local authorities, based on the standard of living in the region.

1. So, who is provided with housing on social rent?
2. Citizens who do not own any housing.
3. Families with their own living space are below the social norm.
4. Living in housing that does not meet established living standards and is considered dilapidated or in disrepair.

Living together with a disabled person suffering from a severe form of a chronic disease, included in the list of government decree No. 817 of December 21, 2004.

After providing the apartment for social rent, it can be privatized.

The above citizens can be put on a waiting list to receive social housing for rent. Read about how a social tenancy agreement for residential premises is concluded in order to be aware of the specifics of the design of this document.

The procedure and norm for the provision of social rental housing

The provision of residential premises under a social tenancy agreement is handled by the Housing Fund Department. Upon submission of an application with attached supporting documents on the relationship of the living people, as well as supporting documentation on the right to move into existing housing, the information provided will be verified.

Housing under a social rental agreement is provided in accordance with the square footage standards established at the legislative level. Social housing norm per person.

For the Moscow region, the standard for social housing for rent is 18 square meters. meters per resident.

In other cities, it may be slightly different, as it is regulated by local authorities based on the level of housing provision for the population.

Special requirements for residential premises

Housing obtained through social rent is considered city property and is not subject to donation, sale or inheritance.

There is a minimum fee for it, which is set by the city authorities. In addition to paying for housing, the social housing tenant pays for utilities.

An employer who has children can register them in the accommodation they live in. we've already told you. To register distant relatives, the consent of the city authorities is required. Also, this housing can be privatized if the citizen has not previously used the right of free privatization. We have already illuminated the apartments.

The death of the tenant does not terminate the social tenancy agreement if members of his family are included in the agreement. Subsequently, they are subject to all rights specified in the rental agreement. If you are interested in the terms of termination of a social tenancy agreement.

• Providing residential premises for social rent out of turn Living in uninhabitable premises
• , which cannot be overhauled. Children without parents
• , and recognized as orphans. People with a chronic illness
• , occurring in a severe form. Citizens released from prison

, and those convicted illegally.
Persons classified as being out of turn must be provided with social housing immediately after their out-of-turn status is recognized and they submit the appropriate application.

The concept of “out of turn” implies the absence of any separate queues of out-of-turn.

• Some regional authorities are expanding the list of people out of turn, adding at their discretion:
• WWII veterans;

large families with three or more minor children.

The social tenancy agreement for these citizens is somewhat different from the usual one and depends on the area of ​​residence. The number of children in a large family to receive social housing, depending on the region, may not be three, but four or five.

The Housing Department is responsible for the provision of social housing.

Relocation from emergency residential premises on the basis of a social tenancy agreement is carried out into comfortable housing in relation to the conditions of a particular locality. The area of ​​the housing provided must correspond to the area of ​​the apartment or house being left. The number of rooms in the proposed apartment must be equivalent to the housing being accommodated. The location of the social housing space is assumed to be in the same locality as the dilapidated one.

A social rental agreement implies that a house or apartment can be rented from the state. Moreover, this process is spelled out in the Housing Code of the Russian Federation in much greater detail than in any lease agreement - an entire chapter is dedicated to it. Prices, which is nice, are tens of times lower than on the private rental market. True, there are a few snags: social hiring is not for everyone.

Drawing: Polina Vasilyeva

Who has the right to social media

The first and most important obstacle is that not everyone can qualify for the right to rent municipal housing. The basis for concluding a social rental agreement is, of course, the citizen’s need for housing. But to stand in a long line at municipal apartment, a citizen of the Russian Federation must meet certain criteria listed in Art. 49 and 51 Housing Code of the Russian Federation.

1) From the employer or his family members must not be neither premises suitable for living, nor premises already provided under a social tenancy agreement.

2) If you still have your own housing, then its area per family member should be below the accounting norm. In Moscow, this norm is 10 m2 per person in a separate apartment and 15 m2 in a communal apartment.

3) Citizens of the Russian Federation living in premises that do not meet the established requirements have the right to social security, i.e. in dilapidated or crumbling houses.

4) The state can rent out an apartment if one of the family members is so sick serious illness that living with him is impossible, but the family has no other housing. The list of diseases is indicated in clause 4, part 1, art. 51 of the Housing Code of the Russian Federation, which refers to the order of the Ministry of Health Russian Federation dated November 29, 2012 N 987n.

5) Extraordinary right to rent housing has orphans and children left without parental care, as well as citizens suffering from severe forms of chronic diseases (the same clause 4, part 1, article 51 of the RF Housing Code).

It would seem that renting a state-owned apartment in Moscow according to this scheme is easy - you come to the capital, buy an apartment in a dilapidated building, send documents to the Department of Housing Policy and Housing Fund of Moscow with a request to allocate normal municipal housing - and wait for a new apartment to be provided. But no: for such cunning people there is a special order, which states that it is not enough to just be poor, you must live in Moscow for at least 10 (!) years and not worsen your living conditions for at least the last 5 years.

How do they provide housing?

Since there is always a long line for such housing, municipal authorities are forced to annually formulate plans to provide for the poor and the order of priority. During the year, a potential tenant whose turn has come is offered three options for municipal housing (apartments or houses), which meets all legal requirements - area, quality, etc.

If the person on the waiting list refuses these options, then he is removed from the housing plan for the current year and added to the list for the next year. Next year he will be offered two options, and if he refuses them, then the authorities have the right to consider removing him from the queue.

Features of social hiring

The main feature of social rental housing is that it contract - unlimited(Clause 2 of Article 60 of the Housing Code of the Russian Federation), and a change in the grounds or conditions for the provision of municipal housing cannot in the future become a basis for eviction.

The agreement is concluded only in writing. Its form was approved back in 2005 by Decree of the Government of the Russian Federation of May 21, 2005 No. 315 (previously such a document was a warrant for an apartment).

Social housing has no other owner than the state, so the tenant and his family members will have the same rights and obligations (Part 2 of Article 69 of the Housing Code of the Russian Federation). Family members are the spouse, children and parents of the employer, as well as other relatives who have been installed by the employer as family members. In other words, if the tenant himself (and members of his family) wrote an application to the municipality about the need to move in another couple of relatives, and officials approved this, then, regardless of the degree of relationship, the new residents are recognized as “family members.” Officials can veto the move-in if the area for each family member will be less than the accounting norm.

Important : All family members have equal rights and responsibilities. For example, no one has the right to evict a husband/wife from a municipal apartment.

Rights and obligations

The rights and responsibilities are logical and look the same as when renting an apartment from a private owner - make sure that it is clean, pay rent and utilities on time, do not touch anything without approval, maintain the home in proper condition and live in peace.

• Members of the tenant's family have the right to unlimited use of residential premises (Part 2 of Article 60 of the Housing Code of the Russian Federation).
• Housing is retained for them in case of temporary absence (Article 71 of the Housing Code of the Russian Federation).
• Residents have the right to vote in matters of reconstruction and redevelopment of residential premises (clause 5, part 2, article 26 of the Housing Code of the Russian Federation), and the settlement of other persons with them (Article 70 of the Housing Code of the Russian Federation).
• Residents also resolve issues of exchanging residential premises for the same social housing (Articles 72-74 of the RF Housing Code) and relocation to smaller residential premises (Article 81 of the RF Housing Code).
• The tenant has the right to demand major and other repairs of municipal housing. And if the landlord refuses, and the tenants suffer losses, then you are welcome to go to court (clause 2 of article 66 of the Housing Code of the Russian Federation).
• The employer has the right to make changes agreed with the municipality to the social tenancy agreement (Article 82 of the RF LC) or terminate it (Part 2 of Article 83 of the RF LC).

Until December 2014, residents could also sublet municipal housing (i.e. rent out housing), which was not taxed, meaning income from such commerce did not have to be declared. Moreover, such a trick was often performed under the guise of “ free use" But exactly a year ago the Ministry of Construction closed this shop.

Violation of conditions and deserved punishment

Frankly speaking, the tenant is protected by law on all sides, and if he doesn’t mess up too much, then no one can evict him from public housing. The main thing is not to destroy the room and... According to Art. 90 of the Housing Code of the Russian Federation, “if the tenant and members of his family living with him for more than six months without good reason do not pay for living quarters and utilities, they can be evicted in court with the provision of another residential premises under a social tenancy agreement, the size of which corresponds to the size of the living space established for moving citizens into the hostel.”

In other words, debt for housing and communal services for six months without a good reason- a real reason to evict the whole family into a hostel or apartment with hostel standards, i.e. 6 m2 per person. It is difficult to be late, since the rent is mere pennies. For example, in 2015, you can find articles in the media with the loud headline “Payment for social housing in Moscow will increase 8 times,” but in reality they hide an increase in payment for social housing from 2 to 20 rubles per m2. Of course, this is 10 times more, but not that much money.

Total

A social tenancy agreement is, as a rule, a forced measure, although it is extremely profitable. The advantages are obvious: repairs at the expense of the state, low fees, acceptable conditions and minimal control with adequate behavior of the employer. Among the minuses, we can note the fact that the apartment is not your own (but in some cases it is possible), it cannot be sold, and you will have to choose from what the municipality offers, and it usually offers budget apartments on the outskirts of the city.

But many of us don't have to choose.

Andrey Shenin

The right to housing in Russia is constitutional. This means the following:

• Residential space can not only be bought to be owned;
• Living space can be obtained “free of charge”, for use for its intended purpose - for living.

The basic legal principles by which housing is distributed in the country are set out in the Housing Code of the Russian Federation (for short, the Housing Code). Articles 49 – 91.15 of this document contain provisions that define the concept, procedure for the emergence and operation of social renting - a special form of using housing free of charge. At the same time, the user even has the right to make certain transactions with the premises - for example, sublease it or exchange it for other housing.

Which body deals with this issue?

The organization of providing housing for all members of society is entrusted to the municipal authorities of cities and towns. Officials of these bodies are responsible for developing local laws, empowering employees of structural units, drawing up programs for the construction and commissioning of social housing.

Interesting article. I didn’t know about social hiring before. However, while reading, I had one question. Do citizens living in the private sector have the right to social rent if their home is uninhabitable, or only those people who live in apartment buildings have this right? Does providing housing for orphans fall under social rent or is this another category of housing rights?

Before the adoption of the new Housing Code of the Russian Federation in 2005, all citizens whose housing area did not meet established standards were theoretically entitled to receive housing from the state (today the term “social housing” is in use). However, in the new Housing Code of the Russian Federation, in order to obtain the right to a free apartment, in addition to the criterion of insufficient living space, the criterion of being included in the low-income segments of the population has been added.

Low-income citizens are recognized by decision of local governments based on the amount of income per member of their family, as well as the value of property owned by family members. Thus, there is no common criterion for a country to classify a citizen as poor. These criteria, as well as the rules for recognizing the right of specific citizens to receive free housing, differ in different subjects of the federation.

In addition to the poor, military personnel discharged from the reserve, orphans, as well as families supporting patients with certain diseases, for example, open tuberculosis, are entitled to social housing. Also, all those who were in line to receive social housing before the adoption of the new Housing Code of the Russian Federation remained in it.

Basic laws and conditions

So, social housing is state or municipal property that is given to citizens indefinitely and free of charge. Although there are guarantees of obtaining the right to such housing in the Constitution of the Russian Federation, it does not contain a mechanism and conditions for obtaining it. They were developed later and included in the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

The first of these codes (Article 672) introduces the concept of “social rental of residential premises” in the housing stock intended for social purposes. The second code regulated this legislative norm in detail by developing provisions on social rental housing agreements.

Under this agreement, the owner of housing located in the state housing fund undertakes to transfer the housing to the tenant (citizen) for possession and use for living in it on the conditions specified in the Housing Code of the Russian Federation (Article 60).

The Housing Code of the Russian Federation establishes the basic rules and conditions for social hiring; contains a list of requirements for those applying for social housing. Anyone who believes that they have the right to social housing should first carefully read Chapter 7 of the Housing Code of the Russian Federation, since all other acts of legislation should not contradict it.

A number of constituent entities of the Russian Federation have adopted separate laws regulating the receipt of social housing by low-income citizens, for example, the Moscow Law of June 14. 2006 No. 29.

Currently, the government of the Russian Federation is implementing a large-scale federal targeted program “Housing”, which also includes a social housing program for a number of categories of citizens as an integral part. By implementing this Federal Target Program, the Russian authorities intend to reduce the existing queue for social housing.

Social housing area standards

The social norm for housing area differs in different regions of the Russian Federation. So in Moscow there are the following norms:

• one person can apply for a 1-room apartment up to 36 sq.m.;
• childless spouses are entitled to a 1-room apartment from 36 to 44 sq.m.;
• a couple of non-spouses citizens can receive a 2-room apartment from 36 to 50 sq.m.;
• spouses with a child are entitled to a 2-room apartment from 54 to 62 sq.m.;
• family of 3 without married couple can count on a 3-room apartment from 54 to 74 sq.m.;
• For a family of 4 or more people, social housing is provided at the rate of 18 sq.m. per person.

A seriously ill person is entitled to a separate room in the apartment.

Conditions for recognizing citizens as needing housing

If a family is recognized as low-income in accordance with the established procedure, then it may be recognized as in need of free housing. Necessary conditions for registering as those in need of social housing:

1. the housing area per family member is less than the accounting norm, which in different regions of the Russian Federation ranges from 9 to 18 sq.m.;
2. The housing in which the family lives is dilapidated and cannot be repaired. Each subject of the federation establishes its own procedure for classifying housing into this category;
3. among residents communal apartment there is a patient with epilepsy with frequent seizures, open tuberculosis, gangrene of the extremities, etc.;
4. lack of at least one of the following amenities in the home: electricity, sewerage, running water, bath or shower, hot water if it is impossible to install a gas water heater, heating, gas or electric stove.

Registration procedure and package of documents

So, the first thing citizens must do in order to be recognized as needing housing is to get their family recognized as low-income. This is considered a family with an average total income per member below the subsistence level. This fact is established in the district department of social protection of the population on the basis of a corresponding application. You also need to submit to the district social security department:

• certificate of family composition;
• documents confirming the actual income of family members;
• a document describing the degree of relationship between all family members.

The composition of a low-income family is not defined by law, so the decision is made on a case-by-case basis.

The second, and most important stage, is sending a package of documents for registration to the housing department (housing department) of the district in the city or city administration.

Usually served following list documents:

• application for registration with signatures of all family members (a form with sample signatures is stored in the social security department at the place of residence);
• documents confirming the identity of family members: passports and birth certificates, as well as other documents of citizens of the Russian Federation;
• documents confirming marital unions or their dissolution: marriage and divorce certificates, as well as documents on other kinship relationships of the persons specified in the application;
• a copy of the decision of the district department of social protection of the population to recognize the family as low-income.

In a number of large cities, the stages of recognizing a low-income family and registering them as needing free housing are combined. This usually works where city administrations have created “one-stop services” or housing policy departments.

If a positive decision is made and the family is registered as in need of free housing, the applicant is notified of this and can receive a copy of the decision on registration within the prescribed period.

Order of priority

Out-of-turn free housing is provided to:

• citizens living in dilapidated houses that cannot be repaired or restored;
• orphans and children without parental care, as well as persons from among them who have graduated from educational institutions and left foster families and orphanages, as well as upon completion of their service in the Armed Forces of the Russian Federation or upon return from penitentiary institutions;
• chronically seriously ill citizens;
• rehabilitated citizens;
• judges;
• disabled people of WWII group I;
• elderly citizens and disabled people living in social service institutions if they refuse further residence if their previous housing cannot be returned to them;
• parents of HIV-infected minor children.

The remaining citizens who are registered are given housing on a first-come, first-served basis according to the time they were registered.

Reasons for deregistration or delaying the queue

Obvious reasons leading to deregistration are:

• change of place of residence;
• obtaining non-social housing,
• change in family composition;
• exit of a family from the low-income category;
• receiving government subsidies for the purchase of housing or a mortgage.

There are often cases when people on the waiting list take actions aimed at worsening their living conditions in order to receive housing out of turn. If such illegal actions are detected, the queue may be pushed back several years.

You may find yourself at the end of the queue next year due to three refusals of the offered apartments.

Possibility of privatization of social housing

Privatization of social housing is permitted for those citizens who have not previously participated in the privatization of other housing. At the same time, citizens privatizing their housing are required to provide certificates confirming their non-participation previously in housing privatization processes.

Many Russian citizens are unable to resolve housing problems on their own. The state has launched social programs with the help of which you can acquire it free of charge. Social support is provided on the basis of targeting and need in an application form.

Basic moments

Russian citizens are entitled to housing in accordance with Article 17 of the Constitution of the Russian Federation from the day of birth. Its prescriptions are embedded in housing and family law, which indicate the implementation of the constitutional rights of each family member, including minor children.

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What it is

The term “housing” means an isolated room for permanent human habitation. It must meet certain sanitary, hygienic and technical standards, and other requirements of legislative acts.

From a legal point of view, it is an object of housing law, as noted in the Housing Code of the Russian Federation. Social programs provide for the allocation of certain types of benefits by the self-government body from the local budget to meet the needs of citizens.

Its size is determined by the number of family members, the total area of ​​housing and the price per 1 m2 of living space established in the region of the Federation. The subsidy is targeted and therefore subject to return if it is used for other purposes.

Who can count

Housing is provided to the category of persons defined in Article 51 of the Housing Code of the Russian Federation. It specifies the grounds for the provision of housing under a social tenancy agreement and the recognition of Russian citizens as needing it.

The following families have the right to apply for housing with state assistance:

• poor;
• young;
• large;
• serviceman or combatant.

Where to go

Russian citizens must submit an application in the prescribed manner to the territorial department for housing issues. It provides government services related to the implementation of the constitutional right to housing and the involvement of real estate in economic circulation.

Possibility of obtaining

For residents of the capital, the pressing question is how to get an apartment from the state for free. 7 ways in Moscow allow you to purchase it legally. The city has a comprehensive program of social support measures for residents of the capital.

It was introduced to implement the instructions of government resolution No. 514-PP. The act was promulgated on November 1, 2011.

For families with income below

State support is provided to families whose income level is less than the subsistence level in accordance with the instructions of Article 6 of Federal Law No. 134-FZ. The main criterion is the average per capita income, defined as the ratio of the total family income and the number of family members.

When determining the average per capita income per family member, alimony received by one of the parents of a minor child is taken into account.

Free housing is provided on a first-come, first-served basis, which is formed by the Department of Housing Policy and Housing Fund of the city of Moscow. But the family must be recognized as low-income during an examination of its financial status by the SZN authority.

Factors influencing the receipt of housing from the state:

• receiving additional income by family members;
• the family has real estate that is considered suitable for living;
• residence in a given region of the Russian Federation for a specified period.

In addition, there is a social program under which low-income families can take part in mortgage lending on a preferential basis.

For military personnel

In accordance with the instructions of Federal Law No. 76-FZ, military personnel are provided with official housing during their military service. If they retire, they are given the right to acquire permanent housing at the last place of military service or at the place of their choice.

Housing is provided free of charge for completing tasks of special significance based on a decision of the Ministry of Defense of the Russian Federation. A prerequisite is the need for living space, which must be documented.

In addition, he must serve in the armed forces of the Russian Federation for at least 20 years and stand in line for improved living conditions.

Free privatization of a service apartment

The term “official housing” means an apartment owned by a government agency. As a rule, such housing is provided to its employees under a rental agreement for temporary residence.

It is registered with a specialized housing stock, so it is subject to privatization in exceptional cases.

Service housing is subject to privatization if the owner transfers it to the municipal housing stock. Any tenant of service housing has the right to exercise it, but must work in government agency at least 10 years.

Large families

Each subject of the Russian Federation has the right to independently establish the category of a large family. This norm is provided for by the decree of the President of the country “Measures of social support for large families.”

It was published on May 5, 1992, number 431. It notes the role of the state in social support for families with more than one child.

The state provides large families with improved housing conditions as part of the social program “Decent Housing for Every Family.”

According to the rules of this program, every family in need has the opportunity to receive:

1. Loans on preferential terms with a low interest rate for the purchase of housing.
2. A plot of land for the construction of an individual residential building.

Housing is recognized as unsafe

Each region of the Federation keeps records of residential buildings located on its territory that are in disrepair. Residents are provided with apartments in new buildings that belong to the municipality on a property right. This method has become the most common way to obtain free housing.

The city of Moscow contains many buildings built in past centuries. Some of them are dilapidated, others lack utilities, so the government is offering Muscovites to exchange their old housing for another, which is located in a new building.

In case of chronic illness

The state provides free housing to families in which one of its members has a severe chronic illness. Their list is approved by the Ministry of Health and Social Development.

It was transferred to each subject of the Federation for the purpose of implementing a program to assist seriously ill people. They must be recognized as such based on the conclusion of a medical and social examination.

Participation in an annuity agreement

Citizens can obtain free housing by concluding a rental agreement with elderly or elderly people living alone. It is based on the principle of lifelong maintenance and provision in full.

As a rule, this category of citizens includes low-income people living in municipal housing.

Under the terms of the rental agreement, one person transfers the right to privatize the apartment in which he lives to another person, who takes him for maintenance.

Video: social housing

Important nuances

The subsistence level is set individually annually for each region of the Federation. It is determined by the current economic situation and the cost of the consumer basket, which includes minimum set products and consumer goods.

The PM indicator is established for a separate category of the population depending on the socio-demographic division. It is carried out with the aim of identifying an unprotected segment of the population in social terms for the development and implementation of social programs.

The numerical value of PM in the city of Moscow is updated every quarter depending on the current economic situation of the city. The norm is provided for in the instructions of Law No. 23. In accordance with its instructions, the size of the minimum wage for an able-bodied citizen is set at 13,080 rubles.

The legislative framework

Issues regarding the provision of state assistance in the purchase of housing are covered in a number of federal and regional legislative acts.

These include:

In addition to the above federal acts, the Moscow City Government has issued a number of laws that regulate the provision of housing to a certain category of residents.