Provision of residential premises of the municipal maneuverable fund. Flexible housing stock
1. Is it possible to privatize flexible housing and register it as property?
1.1. No, current legislation does not provide for the possibility of privatization of flexible housing. To do this, flexible housing must be transferred to the status of social rented housing.
2. And if the housing is in emergency condition, how long to wait for flexible housing? Thank you.
2.1. Hello! Vladimir, it depends on the amount of housing in the flexible stock. It's different in every city
2.2. It depends on the region of residence and financing.
3. Is it possible to rent out flexible housing?
3.1. The residential premises of the flexible housing stock belong to the residential premises of the specialized housing stock. The residential premises of the maneuverable fund are intended for temporary residence of citizens whose only residential premises have become unsuitable for habitation as a result of emergency circumstances. In accordance with Part 4 of Article 100 of the Housing Code of the Russian Federation, the tenant of a specialized residential premises does not have the right to exchange the occupied residential premises, or to sublease it.
4. Do I have the right to register in a flexible housing fund?
4.1. Only temporary registration is possible.
4.2. Hello! With the consent of this fund
4.3. It all depends on the desire of the owner of the maneuverable fund to register you there. You will not be able to oblige you to register
5. Is it possible to somehow appropriate housing from the flexible fund?
5.1. Contact the owner with a statement.
6. Is it possible to privatize housing that was given for a while (maneuver fund)?
6.1. Residential premises of the maneuverable fund are not subject to privatization into the ownership of citizens
6.2. You have the right to contact the administration with a request to transfer the residential premises of the maneuverable fund to the social rental fund; if the administration cooperates and draws up the relevant documents, and then concludes a social rental agreement with you, you will be able to privatize the specified premises.
7. Living under a flexible fund agreement, can I convert this housing into social rental?
7.1. Hello No, this is not possible.
8. Please tell me, the housing has been recognized as emergency and cannot be repaired or reconstructed; they are offering temporary housing from the maneuverable fund, on the basis of which article, if they should only be provided with housing if the emergency housing is subject to repair.
8.1. Good afternoon, If the housing is recognized as unsafe, then you will definitely be familiarized with a conclusion about the unsafe condition of the house, where it must be clearly stated that it cannot be repaired and cannot be reconstructed. And after this, the administration develops measures and sets deadlines for resettlement, eviction, and the provision of apartments. From your question it is not at all clear why you are being offered temporary housing in a flexible fund. Perhaps you can’t live in an emergency room while waiting for resettlement?
9. My son and I are recognized as a low-income family, I am disabled, two joint replacement surgeries, we live in a house where there is no sewerage water, can I ask for housing in a flexible fund.
9.1. First, I’ll tell you about the benefits that you are entitled to (I’ll make a reservation, it’s still better to check the full list with the social security agency): Benefits and compensation for minors and students;
Additional payment to pensions for those pensioners whose income is below the regional subsistence level;
Natural assistance: food, gas or solid fuel, clothing, medicine, etc.;
Tax benefits: provided in the form of various deductions;
Rent benefits for the poor: if the cost of paying for housing and communal services exceeds the established norm (usually 20% of total earnings), some of the costs are returned;
Preferential employment;
Reducing the age for obtaining a labor pension;
Provision of garden and other land plots;
Assistance in obtaining a social mortgage.
Benefits for low-income families in 2018-2019 are as follows:
Tax: you don’t have to pay taxes on amounts received as preferential subsidies, pensions, etc.;
The right to receive housing under a social tenancy agreement from the housing stock of the local municipality in order of priority, or when registering as those in need of improved housing conditions, a social mortgage can be issued;
Housing: benefits for utilities for low-income people for tenants of municipal housing and owners of privatized housing (local adjustment factors apply and apply.
So you have the right to apply for not just flexible housing, but housing under a social tenancy agreement, and, moreover, well-maintained (availability of utilities).
10. Is it possible for a person on the waiting list to obtain housing in the flexible fund of St. Petersburg before the turn arrives?
10.1. Housing in a flexible housing stock can be provided to you subject to availability of premises. The city has no such obligation. Contact the district administration, ask, justify the urgent need for such housing.
11. The house is in disrepair for over a hundred years. During the renovation of the staircase extension, they provided flexible housing - if you like it, you can stay until the house is completely occupied. I liked it, I collected a package of documents but they refused me for a reason. That I have a residence permit, I am a registered citizen of Ukraine and live alone - the property is registered in the name of my son - he is a citizen of Russia. Is their decision correct? And where to go?
11.1. Hello, regarding actions or inactions, you have the right to write a complaint to the prosecutor’s office in accordance with Art. 10 of the Law on the Prosecutor's Office of the Russian Federation or to court in accordance with the requirements of the CAS of the Russian Federation.
12. The house was declared unsafe. The apartment is municipal, comfortable, 3 adults and a child are registered. There is no flexible housing in the city. What can we expect from the city administration?
12.1. Good evening, Natalya! The administration must send a notice of demolition to the owners of other residential premises. If the demolition is not carried out within the specified period, then the administration must seize the housing from you and your family members and provide you with new housing. If this is not done, you need to go to court.
(Article 32 of the RF Housing Code).
12.2. The decision to recognize a house as unsafe is made by an interdepartmental commission. Based on the received conclusion of the commission, the relevant authority within 30 days issues an order indicating the further use of the premises (on the timing of eviction or reconstruction or recognizing the need for repair and restoration work). If a decision on eviction is made, then the responsibility for resettlement is mainly assumed by local governments. The administration includes the dilapidated house in the targeted program for relocating citizens from dilapidated housing. If the house is subject to demolition, those evicted are provided with other comfortable living quarters, also under a social tenancy agreement. Housing will be allocated equivalent in area to the one that was, and will be located within the boundaries of your own locality. If you are not informed about the commission’s decision for a long time and are not resettled, first contact the administration to obtain the necessary information. Then you can contact the State Housing Supervision authorities, Municipal Departmental Commissions, State Housing Inspectorate, and the Prosecutor's Office.
13. After the fire, it was difficult for me to be allocated housing from the flexible fund, I do not have the opportunity to buy or build a house, how can I get this housing to be transferred to social rent? So that I can register for permanent registration, so that I know that neither me nor my daughter will be kicked out. Otherwise, she and I are actually registered on empty land where the house burned down. what to do, how to proceed?
13.1. Hello, Albina! You will not be given the residential premises of the maneuverable fund for social rent, because by virtue of clause 3, part 2, Article 106 of the Housing Code of the Russian Federation, the rental agreement for the residential premises of the maneuverable fund is concluded for the period... until the completion of settlements with citizens whose only residential premises have become unsuitable for residence as a result of emergency circumstances, in the manner prescribed by this Code, other federal laws, or until they are provided with residential premises of the state or municipal housing stock...
As you can see, flexible housing is provided to you until at least municipal housing is allocated. You need to contact the local government authorities (the district or city administration, the department dealing with municipal housing) with a question about the timing of providing you with housing under conditions, for example, of social rent.
14. Can housing and communal services issue an invoice for utility bills for the previous owner, housing of the maneuverable fund. The debts existed before the lease agreement was signed.
14.1. Good afternoon
No, he can not.
According to clause 1.1 of part 2 of Article 153 of the Housing Code of the Russian Federation, the obligation to pay for residential premises and utilities arises from the tenant of residential premises under a rental agreement for residential premises of a social housing stock from the moment of conclusion of this agreement.
Thus, the obligation to pay for residential premises and utilities arises from the tenant of the apartment (residential premises) no earlier than the date of conclusion of the lease agreement.
15. We bought an apartment with a foreign currency mortgage in Moscow, were registered for 10 years, received the status of a Muscovite, are we entitled to housing from the maneuverable fund. How quickly did the Moscow Housing Department refuse to provide us with housing?
15.1. There is no such status as a Muscovite. There are certain guarantees, payments to those who have lived in Moscow for a certain number of years.
We cannot say whether the refusal was rightful or not, since you did not indicate on what grounds you should have been provided with housing.
You can get on the waiting list and be recognized as needing housing in accordance with Article 51 of the Housing Code of the Russian Federation and the MOSCOW LAW ON ENSURING THE RIGHTS OF MOSCOW RESIDENTS TO RESIDENTIAL PREMISES
If we are talking about the fact that you were evicted from an apartment with a mortgage in which you lived for 10 years and on this basis asked to provide you with housing, then the specified circumstances are not the basis for provision.
16. Our housing was considered unsafe, employees from the housing policy came and offered us relocation to temporary housing (maneuverable housing) while they decide to build ours! They said that bidding is now underway and a developer is being determined! We have a one-room apartment of 33 square meters. I have a question - what kind of housing are we entitled to, the same square meters or just a one-room apartment, no matter how many squares and the area of the city, do we have the right to demand the same one in which we live now? Thank you!
16.1. Good evening! I'll try to be brief. The maneuverable fund is temporary housing. In case of resettlement, housing is provided according to the family members according to the footage for each member of the family in accordance with the standards of a particular region. On average it is 10 sq. m per person (it’s different everywhere) Please read carefully the contract for obtaining housing in a flexible fund, terms and conditions, responsibility of the parties. And when did your house become unsafe?
17. I am a military man. An officer. My family is large. There is no official housing in the garrison. My family and I were offered housing with a flexible capacity of 63 m2. I refused, citing that the area did not match, my family was entitled to 90 m2, 18 m2 for each. Did RUJO send a letter to the financial authority to remove me from sublease, stating that I illegally refused?
17.1. Hello. In order to correctly formalize the refusal of housing, it is necessary to refer to one of the following provisions: the area of the housing provided is less than that required by law (Federal Law No. 76 of May 27, 1998);
Appropriate motivation for refusal is of great importance. If the reason for which you refuse housing is considered unconvincing, you may be completely excluded from the queue for receiving an apartment. This not only means that you cannot qualify for living space in the future, but also have no basis for receiving monetary compensation for rent.
So here you need to know how you refused. I can answer in more detail in a private message.
17.2. Appeal this decision in the garrison court, there are chances. Any lawyer or attorney on site will help prepare documents for a judicial resolution of this issue.
18. If a municipal apartment is destroyed or destroyed by fire, will the victims be allocated housing from the flexible fund?
18.1. Hello Rafil! In law:
Article 95. Purpose of residential premises of the maneuverable fund
The residential premises of the maneuverable fund are intended for temporary residence:
...
3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
4) other citizens in cases provided for by law.
The main thing is that flexible housing is available and is provided temporarily.
Sincerely, LAW FIRM "ZAKON".
19. Where to go if our house is declared unsafe and people are being evacuated urgently without providing flexible housing?
19.1. Hello!
If you are evicted by a court decision, then the residential premises provided to the citizen evicted by court must be indicated in the court decision on eviction.
First, you need to contact the local government (Administration), find out where the residents of your house should be relocated (it would be better if you write an application and receive a written response). Further, having in hand a response from the local self-government, if housing is not provided, you can contact the prosecutor’s office and the court.
20. I am the owner of a share in emergency housing. I currently live in a room that was given to me for 6 months from the flexible fund. We should be given money in about a month for emergency housing. Yesterday, at a housing and communal services meeting, we were told that when we receive the money, we must move out of the emergency housing according to the law and use this money to buy a home for ourselves. The agreement for emergency housing was said to be terminated ahead of schedule. Does the administration have the right to terminate the contract and evict me?
20.1. Hello!
You can find the answer to your question in the text of your employment contract, in the section on the conditions for termination of the contract. (by agreement of the parties, at the initiative of the tenant, or in case of expiration of the contract)
In accordance with the Housing Code of the Russian Federation, a rental agreement for residential premises of a flexible stock is concluded for a period before providing them with living quarters state or municipal housing stock.
21. I entered into an agreement with the administration for 6 months to rent residential premises in a flexible fund. Yesterday, at a meeting with housing and communal services, they announced to us that they would give us money for emergency housing in about a month and we would be obliged to leave the maneuverable fund since the contract would be terminated prematurely. Is there such a law and can I be evicted earlier?
21.1. Hello!
You can find the answer to your question in the text of your rental agreement, in the section on conditions for termination of the contract.
The rental agreement for residential premises of a flexible stock is concluded for the period until residential premises of the state or municipal housing stock are provided to them.
The contract can also be terminated by agreement of the parties, or by decision of the employer; Furthermore, in accordance with Art. 106 Housing Code of the Russian Federation, expiration of the period for which the tenancy agreement was concluded residential premises of the maneuverable fund is the basis for termination of this agreement.
21.2. Please tell me, is the monetary compensation for housing the housing provided to me? I was told that I had to buy a home with this money and the contract with me was terminated prematurely. Is this legal? The conditions for termination of the contract indicate that the contract can be terminated at any time by agreement of the parties. Does this mean that they cannot terminate the contract without my consent?
22. My child has asthma. They want to move me to flexible housing in a dormitory. Can a child live there?
22.1. Based on what is stated, it cannot be determined. In fact, housing is subject to the same requirements for sanitary standards. And if you consider it impossible to live in this particular housing, then you should decide not by the status of the housing, but by the specific sanitary parameters of the proposed area.
23. I haven’t been able to get flexible housing for two years now. I live in an emergency building, what should I do?
23.1. Good evening! What measures did you take? The concept “I CAN’T” is a general concept... Maybe you are sitting on the couch and waiting... this is also “I can’t”... Your question is asked incorrectly. Please specify where and how you have already applied in writing? What answers did you receive? Etc...
24. I am a forced migrant from Tajikistan in 1992, I live in Russia in an apartment of a flexible fund, I am on the waiting list for social rent housing, housing is not being built, the city is closed. Is my family entitled to a subsidy for the purchase of housing?
24.1. Yes it is, for this you need to get on the waiting list to receive a subsidy at the local government as a forced migrant. Get the administration to include you in the subprogram “Fulfillment of state obligations to provide housing for categories of citizens established by federal legislation” of the federal target program “Housing” for 2015 - 2020.
25. Hello... we have a five-story block building... the house was declared unsafe... the question is this... there is no housing, the only thing they offer is to move the whole house into temporary housing, supposedly waiting for new housing... we are the owners... Can we be forcibly taken to the maneuver fund? How is temporary housing provided under such conditions, meaning the number of rooms...
25.1. The maneuver fund is provided without taking into account the provision rate (number of meters per person), since it itself is temporary housing and is used until the issue of providing housing through social rent is resolved. In turn, social housing stock is provided in compliance with the provision standards established by the Civil Registry Office. Only bailiffs can forcibly remove you from your own home based on a court decision that has entered into legal force.
26. Good evening. My name is Nikolai, I am 27 years old, I am an orphan, registered in Arkhangelsk, in court they said that I will get housing on a first-come, first-served basis. 175 people will have to wait for about 3-4 years. I work in Moscow. Can I get flexible housing in Moscow or will they only give me housing in Arkhangelsk?
26.1. Good evening. My name is Nikolai, I am 27 years old, I am an orphan, registered in Arkhangelsk, in court they said that I will get housing on a first-come, first-served basis. 175 people will have to wait for about 3-4 years. I work in Moscow. Can I get flexible housing in Moscow or will they give me only in Arkhangelsk? Housing will be given at my place of registration - in Arkhangelsk. It's strange that they didn't release it right away. On this issue, try to contact the Human Rights Ombudsman - it is quite possible that they will help with the queue.
27. Emergency housing, family of 5 people. Before demolition, and we have to wait another couple or three years, we are offered to move into flexible housing. I wanted to ask, do we still have the right to our own housing and what area and square footage should we expect? Privatized housing, 32 sq.m. We are standing in line at the administration office to improve our living conditions. Thanks for answers!
27.1. Hello!
When you move to a flexible fund, you do not lose the right to your own housing. You will be provided with temporary housing at the rate of at least 6 square meters per person.
In the future (if your living conditions are improved), you must be provided with a similar apartment or monetary compensation, which, in turn, is determined by analyzing the market value of residential premises of a similar area and improvement of the area (Articles 32, 87 and 89 of the Housing Code of the Russian Federation).
Sincerely, Kuznetsova M.
28. I bought a room for mat. capital in the hostel. Suddenly the house began to fall apart and we were moved to a mobile home. They say that if the house is recognized as unsafe, they will only give compensation of 300,000 thousand. In this case, will I be able to sue the real cost of housing 450,000 thousand? And will guardianship get involved in resolving this issue? Half of our house is in the same situation. Thank you.
28.1. Good afternoon
You need to make a market valuation of the property you own; for this, the appraiser draws up a report in accordance with the law. Then you submit it to the Administration and demand payment of this exact amount; in case of refusal, you go to court and after the court’s decision you receive your compensation.
29. I wonder, if you live in an apartment of a flexible fund, which was given to you for the period of major renovation of the house (the renovation of which has been going on for more than seven years), can you privatize this housing?
29.1. Within the framework of federal legislation - no, of course. A social tenancy agreement, under which privatization is possible, is for another apartment.
30. Hello. Please tell me if there is a deadline for flexible housing? If so, which one?
30.1. Good afternoon
According to Art. 106 of the Housing Code of the Russian Federation, the provision of flexible housing occurs for various periods, under the following circumstances: - until the completion of major repairs or reconstruction of the house - until the completion of settlements with citizens who have lost residential premises as a result of foreclosure on them, after the sale of residential premises for which foreclosure was filed - until settlements were completed with citizens whose only residential premises became uninhabitable as a result of emergency circumstances
- expiration of the period for which the rental agreement for residential premises of the mobile stock was concluded.
In this way, the period for providing flexible housing stock is determined.
Based on your request, it is not entirely clear why you are entering into an agreement to provide flexible housing stock.
Requirements and standards for flexible housing
At the legislative level, the flexible fund is not distinguished as an autonomous type of housing stock. Housing located in houses belonging to such a fund also belongs to a specialized fund. In this regard, in addition to the special standards of the Housing Code of the Russian Federation, which establish the purpose of premises in buildings of a given fund, general norms and rules that apply to objects belonging to a specialized fund are also used for this type of housing.
Premises of this type are designated for the purpose of providing citizens with temporary residence in connection with the overhaul of the home in which they live under a rental or rental contract and in other situations provided for by law. Such premises must comply with fire safety, as well as sanitary and technical safety requirements.
The formation of a flexible fund is possible on the basis of a corresponding resolution of the owner of the housing stock or a structure authorized by him.
Persons living in such housing pay for the occupied premises and utilities, if they do not pay for housing that is under renovation. The provision of flexible housing stock and their use is carried out in the manner established by the Russian Government and the executive power structures of the constituent entities of Russia.
Persons who cannot stay in their home due to the imposition of a penalty on it are provided with an isolated room for use, the size of which cannot be less than 6 m2, until full settlements are made with them.
The tenant of housing that has become unsuitable for living is provided, under a social lease agreement, with a comfortable housing that meets established requirements and the area of which corresponds to the size of the residential premises that has become unsuitable for living.
If the tenant, together with family members, occupied an apartment before eviction, then an apartment with an identical number of rooms must be allocated for them. If a person occupied housing located in a communal apartment, he should receive the same number of rooms as previously occupied.
Period of concluding a contract for the rental of residential premises of a flexible fund
The rental agreement for residential premises of the maneuverable fund is signed:
- until the completion of major repairs or reconstruction of the building, if the contract is concluded with the persons mentioned in paragraph 1 of Article 95 of the Housing Code;
- before payments are made in full to persons who have lost their home due to foreclosure on them, which is caused by the sale of housing, which was the object of this recovery, if the contract is signed with persons from clause 2 of Art. 95 LCD;
- until full settlements are made with people who cannot live in the only building of the housing stock that belongs to them due to the fact that it became unsuitable as a result of emergency circumstances, in the manner prescribed by Housing or federal legislation, or before the allocation of state or municipal housing to them, if such a contract is signed with the persons mentioned in paragraph 3 of Article 95 of the Housing Code;
- for another period determined by law, if we are talking about the persons specified in paragraph 4 of Art. 95 LCD.
Categories of persons entitled to enter into a rental contract for flexible housing
Article 95 of the Housing Code defines the categories of citizens with whom a rental agreement for residential premises of a flexible fund can be signed, these include:
- Individuals whose residential premises, which they use under a social tenancy contract, are undergoing major repairs or a complete reconstruction of the building.
- Persons who have lost their housing due to the foreclosure of a home that was purchased using credit funds from a financial structure or a special-purpose loan received that was provided by a legal entity for the purchase of housing, and acted as security for the repayment of the loan or credit, if at the time of foreclosure this home is the only one for a person.
- Persons whose only home has become uninhabitable due to an emergency situation.
- Other persons in situations provided for by law.
Duration of the contract and its termination
A contract for the rental of residential premises belonging to the flexible fund is signed with the persons on whose home a foreclosure has been imposed, before full settlements are made with them during the foreclosure of their home. After completing the procedure for the alienation of housing and making full payments to such persons, they are evicted from the residential premises belonging to the maneuverable fund.
The rental agreement for housing in a flexible fund is signed until the tenant is provided with housing under a social rent contract in the manner prescribed by Art. 88 and art. 89 of the Housing Code, or before making settlements with persons who are home owners, in accordance with Art. 32 residential complexes of Russia.
If the tenant is provided with housing under a social rental contract or the housing is purchased from its owner, this is the reason for terminating the contract for renting residential premises in houses belonging to the flexible fund.
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Maneuver Fund.
Is it possible to change the flexible fund agreement to a social tenancy agreement? We have been living in an apartment for 7 years, the hostel was demolished long ago. They don’t give anything in return, no new housing, no compensation.
Anastasia 07/31/2019 20:29
Good afternoon Clause 1 of Article 82 of the Housing Code of the Russian Federation provides for the possibility of uniting citizens living on the basis of different social tenancy agreements in different rooms of the same apartment, under a common agreement, according to their will. Such a legal procedure is carried out at the request of interested parties, by concluding a single social tenancy agreement in the prescribed manner. Citizens will continue to live in the same apartment, but the legal basis for residence will change. An important condition for concluding a general agreement, without which an agreement is impossible, is the unification of citizens into one family. Previously, the country's housing law allowed the conclusion of a single rental agreement for citizens in the process of starting a family; the law used the term: “uniting” into a family (see Article 87 of the RSFSR Housing Code). The modern Housing Code of the Russian Federation requires the already accomplished fact that citizens create one family in order to merge their social tenancy agreements into a common one. Typically, this right is enjoyed by persons who have become spouses. Complain to the PROSECUTOR GENERAL'S OFFICE https://ipriem.genproc.gov.ru/contacts/ipriem/
Dubrovina Svetlana Borisovna 05.08.2019 10:32
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Housing from a specialized flexible fund
Good afternoon! In exchange for my housing, for other reasons, I am provided with housing from a specialized flexible fund. Please tell me whether I have the right to privatize this housing in the future?
Valentina 07.25.2019 19:41
You can't privatize.Only housing in the state and municipal housing stock can be privatized, that is, residential premises owned directly by:
1) the Russian Federation and its constituent entities (republics, territories, regions, federal cities - Moscow, St. Petersburg);
2) municipalities;
3) departmental housing owned by state and municipal enterprises and institutions.
Consequently, the privatization of, say, cooperative apartments, as well as apartments (rooms) owned by private organizations, is impossible. It makes no sense, since the main goal of privatization is the transfer of state and municipal residential premises to the private sector, in this case, to the ownership of citizens.
The following residential premises are not subject to privatization:
1) in respect of which the social rental agreement was concluded after March 1, 2005;
2) those in disrepair, as a result of which they are unfit for habitation (information about houses unsuitable for habitation can be obtained from the local government body or district administrations):
3) located in closed military camps;
4) specialized housing stock: in dormitories, in houses of flexible stock, in houses intended for temporary shelter; in homes for single elderly people, in boarding homes for the disabled, veterans; in houses for temporary settlement of internally displaced persons and refugees;
5) office living quarters provided for the duration of work in an organization or enterprise.
25.07.2019 19:42
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Valentina 07.25.2019 20:00
I understand, thank you. And here’s something else I don’t understand: I read that a person is evicted from such housing due to the expiration of the reasons that forced him to use such housing. But this is my situation: I received housing (a bed in a dormitory), in a room where other girls were registered just like me. We are all nurses and housing was given to us on this basis. One girl gave birth and registered her child with her in the same room, and then the second gave birth and did the same .I addressed this question to the administration of our city, and then they gave me a written answer that they were ready to provide me with housing from the housing fund, and if I agree, then with the relevant documents, contact the housing committee of our city. I read about what maneuverable housing is, and now I don’t know what to do.
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Saibotalov Vadim Vladimirovich 25.07.2019 20:13
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I agree with my colleague.
Fedorova Lyubov Petrovna 26.07.2019 08:50
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Standards for flexible housing for wheelchair users
Hello. Are there any standards or requirements for flexible housing in which a wheelchair user (first disability group) will be accommodated?
Yulia 07/20/2019 16:11
Dubrovina Svetlana Borisovna 22.07.2019 09:53
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Recognition of housing as unsafe
Hello. The apartment in which I and my minor children were registered in 2014 was recognized as unsafe (social rent), living in it is unsafe for life. While she was married, she lived at her husband’s place of registration. At the moment, the marriage is dissolved, the ex-husband demands to vacate his apartment (he has it under a social tenancy agreement, he and his brother are registered there). Is it possible in my case to get a maneuver fund or any other options? It is not possible to rent an apartment (salary 19 thousand rubles)
Oksana 06/04/2019 22:07
Oksana, good afternoon!
According to the provisions of the Government of the Russian Federation of January 28, 2006 No. 47 “On approval of the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation, an apartment building in disrepair and subject to demolition or reconstruction, a garden house as a residential building and a residential building as a garden house” in If an apartment building is recognized as unsafe and subject to demolition, rental and lease agreements for residential premises are terminated in accordance with legislation
According to Art. 85, 86 and 89 of the Housing Code of the Russian Federation, when moving from a municipal apartment due to the recognition of the residential premises as unsafe, local authorities are obliged to provide similar housing. In this case, a new social tenancy agreement is concluded on the same terms. The apartment must be well-equipped, no less than the previous one in terms of area.
Dubrovina Svetlana Borisovna 14.06.2019 17:52
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In addition, I note that when a residential building is recognized as unsafe, the local government body creates a register of all residents who are subject to relocation in order of priority. You should find out whether you are included in this register and when you will be provided with new housing.
Sazonov Sergey Vladimirovich 15.06.2019 10:00
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Do we have the right to flexible housing?
Hello! I would like to know if my husband and I have the right to flexible housing? I’m 30, he’s 36, he’s a citizen of the Czech Republic, he has a temporary residence permit, we don’t have children yet. We are both registered with my mother in an apartment that is recognized as unsafe.
Maria 05/08/2019 20:40
Good afternoon Yes, you are eligible to receive flexible housing. Housing complex of the Russian Federation Article 95. Purpose of residential premises of the maneuverable stock. The residential premises of the maneuverable fund are intended for temporary residence: 3) citizens whose only residential premises have become unsuitable for living as a result of emergency circumstances;
Dubrovina Svetlana Borisovna 20.06.2019 13:21
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Privatization of housing from a flexible fund
Hello, the apartment burned down in 2016 due to the fault of a neighbor, we were given housing from the flexible fund under a social tenancy agreement. Is it possible to privatize such housing? They suggested that you can write a statement about this to the owner of this property. I know that housing cannot be privatized directly from the fund, but it seems that the owner of social housing can, by commission, remove this housing from the maneuverable fund and transfer it to the balance of the administration, and they, in turn, give the housing to me as my property. This is true? Is there such a practice? What articles should I focus on, what can I do?
Natalya 03/27/2019 11:25
Maneuver Fund
What exactly, according to the standards, should be in the maneuverable fund (what furniture, appliances, repairs)????
Mikhail 03/13/2019 10:44
Dubrovina Svetlana Borisovna 19.03.2019 07:11
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I agree with my colleague.
Zakharova Elena Alexandrovna 20.03.2019 10:00
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Movable Housing
Hello, I can’t get housing from the mobile home, my housing where I am registered burned down and was recognized by the commission as unsuitable for housing and at the moment I remain completely without housing, where do I need a referral to get housing
Sergey 02/05/2019 14:44
Good afternoon
I recommend that you seek advice from the social welfare department of the district administration at your place of residence. All regions have programs to provide social assistance to citizens who find themselves in difficult life situations:
40. Flexible housing stock.
The residential premises of the mobile stock are intended for temporary residence of citizens in connection with the major repairs of the residential premises they occupy under a rental agreement or lease agreement and in other cases provided for by law, and must meet sanitary, fire and technical requirements. A maneuver fund can be created by decision of the owner of the relevant housing stock or an authority authorized by him. Residential premises of the maneuverable fund are provided to citizens by the landlord or lessor of residential premises subject to major repairs, which cannot be carried out without relocating the persons living there. Citizens living in houses of the maneuverable fund pay for the occupied residential premises and utilities, if such payment is not made for those being repaired premises. The procedure for the provision of residential premises of the maneuverable stock and their use is established by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation. The use of residential premises is terminated after the completion of major repairs of the residential building in which the dwelling is located, which is the object of a social or commercial tenancy agreement. Residential premises of the flexible stock are provided at the rate of no less than six square meters of living space per person. The rental agreement for residential premises of the maneuverable fund is concluded for the period:
Until the completion of major repairs or reconstruction of the house (when concluding such an agreement with the citizens specified in Part 1 of Article 95 of the Housing Code of the Russian Federation);
Before the completion of settlements with citizens who have lost their residential premises as a result of foreclosure on them, after the sale of residential premises on which foreclosure was applied (when concluding such an agreement with citizens specified in Part 2 of Article 95 of the Housing Code of the Russian Federation);
Until the completion of settlements with citizens whose only residential premises became unsuitable for living as a result of emergency circumstances, in the manner provided for by the Housing Code of the Russian Federation, other federal laws, or before the provision of residential premises of the state or municipal housing stock to them in cases and in the manner provided for by the Housing Code RF (when concluding such an agreement with citizens specified in Part 3 of Article 95 of the RF Housing Code);
Established by law (when concluding such an agreement with citizens specified in Part 4 of Article 95 of the Housing Code of the Russian Federation).
The expiration of the period for which the contract for the rental of residential premises of the maneuverable fund was concluded is the basis for termination of this contract.
41. Dormitories and service living quarters: concept, circle of persons entitled to move in, features of eviction.
According to Art. 93 of the Housing Code of the Russian Federation, office residential premises are intended for the residence of citizens in connection with the nature of their labor relations with a government body, a local government body, a state unitary enterprise, a state or municipal institution, in connection with their service, in connection with appointment to a public position of the Russian Federation or public office of a constituent entity of the Russian Federation, or in connection with election to elective positions in government bodies or local government bodies. A contract for the rental of official residential premises is concluded for the period of employment, service or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elected position. Termination of employment relations or tenure in a government position of the Russian Federation, a government position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is grounds for termination of the contract for the rental of office residential premises. Service residential premises are provided by decision of the administration of the enterprise, institution, organization, governing body of a cooperative and other public organization under whose jurisdiction these premises are located. Based on the decision made by the local administration body, the citizen is issued a warrant for official residential premises. Service residential premises are provided from the state or municipal housing stock. The basis for providing office space is:
Employment contract with state or municipal enterprises or institutions;
Contract,
Document of appointment to a public position;
A document confirming election to an elective position in government bodies or local government bodies.
The hostel is provided to an employee only for the duration of the employment relationship, or, for example, to a student for the period of study. Thus, the right to use a room in a hostel is derived, as a rule, from the labor relations of the person moving in with the administration of the enterprise, organization where the citizen studies or works. Seasonal and temporary workers who have stopped working and persons who worked under a fixed-term employment contract, as well as persons who studied in educational institutions and dropped out of them, are subject to eviction without the provision of other living quarters from the hostel that was provided to them in connection with work or study. Also, only with the provision of another residential premises can the following categories of persons who have stopped working in the organization be evicted:
disabled war veterans and other disabled military personnel who became disabled as a result of a wound, concussion or injury received while defending the USSR or while performing other military service duties, or as a result of an illness associated with being at the front;
participants of the Great Patriotic War who were part of the active army;
families of military personnel and partisans who died or went missing while defending the USSR or while performing other military service duties;
military families;
disabled persons from among the rank and file and commanding officers of the bodies of the Ministry of Internal Affairs of the USSR who became disabled as a result of injury, concussion or injury received in the performance of official duties;
persons who have worked at an enterprise, institution, or organization that provided them with office housing for at least ten years;
persons released from a position in connection with which they were provided with residential premises, but who have not terminated their employment relationship with the enterprise, institution, organization that provided this premises;
persons dismissed due to the liquidation of an enterprise, institution, organization or due to a reduction in the number or staff of employees;
old age pensioners, personal pensioners;
family members of a deceased employee who was provided with official housing;
disabled laborers of groups I and II, disabled people of groups I and II from among military personnel and persons equivalent to them;
single persons with minor children living with them. The check-in of students is carried out on the basis of the order of the university rector for check-in (hereinafter referred to as the check-in order), their personal statements and the rental agreement for residential premises in the student dormitory (hereinafter referred to as the rental agreement for residential premises).
A residential rental agreement with a student in need of a dormitory is concluded on the basis of an occupancy order. The order of the university rector for the placement of a student enrolled in the 1st year is formed by the admissions committee based on the student’s personal application.
Rental agreements for residential premises are drawn up in two copies, one copy is kept by the resident, the other is kept by the administration of the educational institution. Check-in into the dormitory is carried out by the commandant of the student dormitory on the basis of a referral for check-in, a passport, a military ID (registration certificate) and a certificate of health of the move-in. The amount of payment for accommodation in a student dormitory is established in accordance with the legislation of the Russian Federation. In the event of termination of the rental agreement for residential premises, the resident is obliged to vacate the occupied place (living premises) in the dormitory within three days, handing over to the commandant of the student dormitory, according to a bypass sheet, this place (living premises) in a clean condition and all the equipment received in good condition. Eviction of residents from the dormitory is carried out on the basis of an order from the rector of the university in the following cases:
termination of a rental agreement for residential premises in a dormitory on the grounds provided for in the agreement;
expulsion of students from the university before the end of their studies due to violation of these Rules;
upon personal application of residents;
when students are expelled from the university at the end of their studies.”
The maneuver fund is not allocated by the legislator as an independent type of housing stock; residential premises in houses of a flexible stock belong to the specialized housing stock (see Article 92 of the Housing Code of the Russian Federation). Therefore, in addition to the special norms of the Housing Code of the Russian Federation, which determine the purpose of residential premises in houses of a flexible stock (Article 95), general rules that apply to all objects of specialized housing stock (Articles 92, 99-103 of the Housing Code of the Russian Federation) also apply to this type of residential premises.
Such premises are intended for temporary residence of citizens in connection with major repairs of the residential premises they occupy under a rental agreement or lease agreement and in other cases provided for by law, and must meet sanitary, fire safety and technical requirements. A maneuver fund can be created by decision of the owner of the relevant housing stock or an authority authorized by him.
Residential premises of the flexible stock are provided to citizens by the landlord or lessor of residential premises subject to major repairs, which cannot be carried out without relocating the persons living in it.
Citizens living in houses of the flexible fund pay for the occupied residential premises and utilities, if such payment is not paid for the premises being repaired. The procedure for the provision of residential premises of the maneuverable stock and their use is established by the Government of the Russian Federation and the executive authorities of the constituent entities of the Russian Federation. The use of residential premises is terminated after the completion of major repairs of the residential building in which the dwelling is located, which is the object of a social or commercial tenancy agreement.
In accordance with Art. 95 of the Housing Code of the Russian Federation, residential premises of the maneuverable fund are intended for temporary residence:
1) citizens in connection with major repairs or reconstruction of a house in which there are residential premises occupied by them under social tenancy agreements;
2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of residential premises, and pledged to ensure repayment of the loan or targeted loan, if at the time of foreclosure such residential premises are their only ones;
3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
4) other citizens in cases provided for by law.
Residential premises of the flexible stock are provided at the rate of no less than six square meters of living space per person.
The rental agreement for residential premises of the maneuverable fund is concluded for the period:
1) until the completion of major repairs or reconstruction of the house (when concluding such an agreement with the citizens specified in paragraph 1 of Article 95 of the Housing Code of the Russian Federation);
2) before the completion of settlements with citizens who have lost their residential premises as a result of foreclosure on them, after the sale of residential premises on which foreclosure was applied (when concluding such an agreement with citizens specified in paragraph 2 of Article 95 of the Housing Code of the Russian Federation);
3) until the completion of settlements with citizens whose only residential premises became unsuitable for living as a result of emergency circumstances, in the manner prescribed by this Housing Code of the Russian Federation, other federal laws, or until the provision of residential premises of the state or municipal housing stock to them in cases and in the manner, which are provided for by the RF LC (when concluding such an agreement with citizens specified in paragraph 3 of Article 95 of the RF LC);
4) established by law (when concluding such an agreement with citizens specified in paragraph 4 of Article 95 of the Housing Code of the Russian Federation).
The expiration of the period for which the contract for the rental of residential premises of the maneuverable fund was concluded is the basis for termination of this contract.
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Reconstruction of a multi-storey building, sale of an apartment for debts, emergency housing - all these are reasons why people can lose their only home.
For such citizens who have lost their home, the state holds in reserve apartments for temporary residence, which are usually called “residential premises of the maneuverable fund” (Article 95 of the Housing Code of the Russian Federation).
Read on to find out what a flexible fund is and how to get housing from this fund.
The flexible housing stock (MHF) is a set of specialized residential premises that are provided to citizens for temporary use in accordance with the provisions of Art. 95 Civil Code of the Russian Federation.
The need to use this fund arises when a residential building in which citizens lived as social tenants or as owners of apartments and rooms becomes unsuitable for living or does not allow people to stay in it.
The maneuver fund is under municipal or federal jurisdiction; the management of its areas is carried out by the relevant authorized body - the State represented by organizations involved in resettlement, or an economic entity.
The premises of the flexible fund require a legal status that determines its purpose - for temporary stay for reasons established by law. In addition, compliance with the regulations determining the number of citizens moving in is required.
Flexible housing stock is space that is transferred to citizens for use in the prescribed manner.
The specialized premises of the MJF include:
- dormitories;
- service areas;
- temporary fund (for refugees and internally displaced persons);
- housing stock of the social service system (hospices, nursing homes).
The most famous types of specialized premises are dormitories and service apartments. The hostel is provided for short-term housing during study, work, service at a rate of 6 m² per person. Upon completion of the period, citizens vacate the premises.
Official housing is allocated to employees of departmental organizations in the form of individual apartments. The end of the term of employment is a reason for terminating the tenancy agreement and compulsory eviction of the tenants from the premises.
Flexible housing stock includes buildings, individual apartments and rooms in multi-storey buildings. MJF premises should not be rented or leased.
This fund receives its reserve status by decree of local authorities; this fact is recorded in cadastral and inventory documents.
The need to use MLF arises in the following cases:
Also, refugees from near and far abroad are moved into the premises of the IWF, if there are no other options for allocating premises.
The settlement regulations are established by sanitary standards, allowing a certain number of people per area managed by the foundation.
Housing standards are focused on providing 6 m² of living space per person of any age.
The operation of apartments and rooms of the MLF requires compliance with the rules of general residence and safety of property. In addition, fire safety inspections are carried out.
The following categories of people have the right to receive MHF housing in a municipality:
- Residents of a municipal apartment building subject to major repairs or reconstruction by decision of the authorities.
- Citizens who lost their housing as a result of foreclosure on residential space purchased with loan funds.
- Residents of apartments that have received the status of premises unsuitable for living due to a natural disaster.
- Other citizens in the cases provided for by law.
The procedure for moving citizens into the premises of the IWF is regulated at the government level. Relocation from emergency housing to a flexible housing stock is carried out on the basis of pre-drafted acts. Municipal authorities enter an emergency building into the register of housing intended for demolition.
During the planned demolition of obsolete buildings or houses of the private sector, on the site of which a new microdistrict will be built in the future, the development plan is accompanied by an agreement with the town planning committee of the administration of the region, city, region and the general plan of the locality.
The issue of eviction of citizens into MWF buildings is considered by regional authorities at hearings in the administrative commission. A protocol of the hearing is drawn up, an extract from it is certified by the city authorities, which will serve as the basis for notifying residents of the relocation.
If the building is owned by residents, the management company organizes the procedure for eviction into housing of the flexible fund. To do this, the chairman of the management company or homeowners association contacts the municipality with a request for the provision of housing from the MHF reserve. After agreement with the authorities, citizens are resettled in apartments provided for temporary use.
The issue of refugees and migrants is being considered at the state level. Migration services act as an intermediary in their resettlement.
After the destruction of buildings as a result of natural disasters, resettlement is carried out with the involvement of the maximum number of services, commissions and volunteers. Actions are carried out as soon as possible under the supervision of the authorities of the locality where the emergency occurred.
Relocation to MHF apartments involves maintaining ownership of the apartments from which citizens are temporarily evicted.
For citizens evicting from dilapidated buildings, it is envisaged to retain the rights to receive an equivalent apartment or rooms. This right is formalized by an administrative act indicating the parameters and characteristics of a dilapidated house, providing for replacement housing of equivalent size and conditions.
Flexible housing is provided to citizens in order of priority. It should also be taken into account that in some regions there is no maneuver fund at all due to a lack of available funds in the budget. In such cases, citizens are put on a waiting list for temporary housing.
Agreement for relocation to a flexible fund
The decision of the regional authorities to provide temporary housing is secured by a rental agreement for residential premises of a flexible fund, which, in its terms, is very similar to a social tenancy agreement and can be extended if necessary.
Mandatory terms of this agreement:
- compliance of the MHF premises with sanitary standards for permanent residence;
- payment of all expenses for moving to a temporary apartment and back by authorized government agencies.
Residential premises of the flexible fund are provided to citizens who do not have housing, precisely in the corresponding locality and must be equipped for living in a specific geographical area (Clause 2 of Article 99 of the Housing Code of the Russian Federation.)
So, for example, a migrant from Krasnodar cannot be allocated housing in another city just because there is suitable free living space there. Housing should be provided to him only in Krasnodar.
The maneuverable fund is temporary housing, so the period for each category of displaced persons is determined individually, depending on the reason:
At the end of the contract, residents must vacate the premises within a month and hand it over according to the act, safe and sound.
The parties can always terminate the contract in advance by mutual agreement, or the municipality has the right to evict a temporary tenant in case of gross violation of the rules of the contract (fails to pay rent for more than 6 months, damages the premises, violates the rights of neighbors or uses the premises for other purposes).
You can live in an apartment of a flexible fund, paying a rent set at the rental level of municipal housing (does not exceed 800-1000 rubles per month), for which you can receive a subsidy.
A number of restrictions are imposed on the residents that do not allow them to carry out any transactions with the living space, i.e., the MHF apartment cannot be exchanged, rented out, divided, temporary residents cannot be moved in there, etc.
The registration of residents in the flexible housing stock is of an exclusively temporary nature, which is indicated in the act providing the apartment to the housing estate for its intended use.
Citizens whose houses are included in the capital repair plan will not be provided with registration. They remain attached to the main residence, which is owned by the household.
Persons who have temporarily moved from social apartments are registered subject to:
- Termination of a social tenancy agreement at the old address and conclusion of a new agreement at the place of temporary stay.
- Consent of the owner of the premises of the maneuverable fund - an economic entity or a federal structural unit.
Standard cases of using MHF apartments do not allow their privatization, which is prescribed in a separate clause in the contract. But there are some exceptions that arise when a building is transferred from the balance sheet of the MLF to the balance sheet of the municipality.
In this case, the norms and rules established for standard municipal housing are applied to the premises and privatization is allowed on legal grounds.
Privatization stages:
Tenants living in dilapidated buildings, as well as persons who previously participated in a similar procedure, will be denied privatization.
The package of documents for privatization includes:
- a certificate from the BTI confirming the presence of a registration certificate for the premises;
- certificate in form No. 9;
- personal account information;
- passport details of all members of the applicant’s family;
- papers confirming the absence of previously carried out free privatization;
- permission from the guardianship authorities when a minor participates in the privatization of an apartment;
- marriage/divorce certificate;
- social rent agreement for an apartment;
- owner's consent.
If desired, the tenant has the right to terminate the contract and evict from temporary housing.
The owner can also change the terms of the agreement if the tenant violates the rules of residence. Termination of the relationship between the parties occurs in court.
It is prohibited to evict from temporary housing:
Before the housing is forcibly vacated, the tenant receives a notice according to which he must vacate the apartment within 5 days. If the citizen does not leave the apartment, then a lawsuit will follow; then the bailiff service will handle the eviction.
The voluntary eviction procedure also includes a number of measures:
- Inspection of the facility by authorized persons.
- Drawing up a report on the technical condition of the apartment.
- Leaving the apartment in the presence of two witnesses and signing the eviction act.
It is possible, and this is confirmed by Article 32 of the Housing Code of the Russian Federation, which stipulates the situation when the owner of emergency housing, upon eviction and refusal of temporary housing by the housing estate, is paid the redemption value, which includes:
In each individual case, the degree of comfort is also taken into account: for example, what is intended for living in a rural area is not suitable for a city dweller to buy a home.
So, the flexible housing stock is a kind of state housing reserve that allows you to protect citizens of the Russian Federation who need temporary accommodation and people who have lost their only shelter.
In both cases, housing from the housing estate is issued only in accordance with the procedure established by law, which is presented above in the article.