The housing stock is specialized general purpose housing. Specialized housing

Article 92. Types of residential premises of specialized housing stock

1. Residential premises of a specialized housing stock (hereinafter referred to as specialized residential premises) include:

1) service residential premises;

2) living quarters in dormitories;

3) residential premises of the maneuverable fund;

4) residential premises in houses of the social service system;

5) residential premises of the fund for temporary settlement of internally displaced persons;

6) residential premises of the fund for temporary settlement of persons recognized as refugees;

7) residential premises for social protection of certain categories of citizens.

2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is permitted only after such premises are classified as a specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of specialized residential premises and the exclusion of residential premises from the specified stock are carried out on the basis of decisions of the body that manages the state or municipal housing stock.

3. Specialized residential premises are not subject to alienation, transfer for rent, or lease, with the exception of the transfer of such premises under lease agreements provided for in this section.

Article 93. Purpose of service residential premises

Service 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 government position in the Russian Federation or a government position subject of the Russian Federation or in connection with election to elective positions in government bodies or local government bodies.

Article 94. Purpose of residential premises in dormitories

1. Residential premises in dormitories are intended for temporary residence of citizens during the period of their work, service or training.

2. Specially built or converted houses or parts of houses for these purposes are provided for dormitories.

3. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live.

Article 95. Purpose of residential premises of the maneuverable fund

The 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.

Article 96. Purpose of residential premises in houses of the social service system

Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services.

Article 97. Designation of residential premises of funds for temporary settlement of internally displaced persons and persons recognized as refugees

Residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for the temporary residence of citizens recognized in the manner established by federal law, respectively, as forced migrants and refugees.

Article 98. Purpose of residential premises for social protection of certain categories of citizens

1. Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.

Article 99. Grounds for the provision of specialized residential premises

1. Specialized residential premises are provided on the basis of decisions of the owners of such premises (authorized bodies of state power or authorized local government bodies acting on their behalf) or persons authorized by them under contracts for the lease of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens who are provided under free use agreements.

2. Specialized residential premises are provided on the grounds established by this Code to citizens who are not provided with residential premises in the relevant locality.

32. Ownership rights to residential premises.

The right of ownership of residential premises is the right to own, use and dispose of residential premises (Article 209 of the Civil Code of the Russian Federation).

Possession is the actual (real) possession of residential premises.

Use is the owner’s extraction of benefit and income from the residential premises he owns.

At the same time, it is necessary to take into account that residential premises have a strictly intended purpose and are intended exclusively for the residence of citizens - individuals. The placement of organizations and enterprises in residential premises by the owner is permitted only after the transfer of such premises to non-residential premises.

Disposition is the right of the owner of a residential premises to determine its legal fate. Thus, the owner has the right, at his own discretion, to take any actions in relation to the residential premises he owns that do not contradict legal acts and do not violate the rights of other persons, including alienating the residential premises into the ownership of other persons, giving the premises as collateral, rent, loan, as well as burden it in other ways and dispose of it in other ways.

The powers of the owner can be limited only by federal law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.

The number and cost of housing that can be owned by citizens or legal entities is not limited.

The object of ownership of residential premises is a premises intended for permanent residence (apartment, room, residential building, etc.).

The owner of an apartment in an apartment building, along with the premises occupied as an apartment belonging to him, also owns

share in the ownership of the common property of the house (common areas of the house, mechanical, electrical and other equipment outside one apartment, etc.).

Residential premises may be located:

Privately owned;

State owned;

In municipal ownership.

Private property is the property of individuals and legal entities

State property is the property of the Russian Federation (federal property) and the property of the constituent entities of the Russian Federation.

Municipal property is the property of municipalities of the Russian Federation (cities, villages, towns, etc.).

The rights of all owners of residential premises are protected in an equal way.

Subjects of private ownership of residential premises are individuals and legal entities.

Current legislation does not establish “age” or any other restrictions on property rights for either citizens or organizations.

At the same time, the extent of a citizen’s legal capacity, that is, his ability to acquire and exercise civil rights through his independent actions, depends on his age. Thus, citizens under the age of 14 do not have the right to make any transactions in relation to residential premises belonging to them, and from the age of 14 to 18 - only with the consent of their legal representatives.

A citizen's full legal capacity begins at the age of eighteen.

Subjects of state ownership of residential premises are the Russian Federation and the constituent entities of the Russian Federation.

Subjects of municipal ownership of residential premises are municipalities of the Russian Federation.

The legal definition of the housing stock, its types and accounting procedures are determined in Art. 19 of the Housing Code of the Russian Federation, according to which specialized housing stock is a set of residential premises of state and municipal housing funds intended for residence of certain categories of citizens and provided according to the rules of the Housing Code of the Russian Federation.

Depending on the purpose of the residential premises in Part 1 of Art. 92 of the Housing Code of the Russian Federation is determined list of types of premises related to residential premises of specialized housing stock:

1) service residential premises;

2) living quarters in dormitories;

3) residential premises of the maneuverable fund;

4) residential premises in houses of the social service system;

5) residential premises of the fund for temporary settlement of internally displaced persons;

6) residential premises of the fund for temporary settlement of persons recognized as refugees;

7) residential premises for social protection of certain categories of citizens.

Part 2 Art. 92 of the RF Housing Code defines the conditions under which residential premises can be used as specialized residential premises. These conditions include:

1) the attribution of the residential premises to the state or municipal housing stock. The provision of residential premises of a private housing stock as specialized premises is not permitted. The state housing stock of the Housing Code of the Russian Federation (Part 2 of Article 19 of the Housing Code of the Russian Federation) includes the totality of residential premises owned by the Russian Federation (housing stock of the Russian Federation) and residential premises owned by the constituent entities of the Russian Federation (housing stock of the constituent entities of the Russian Federation). The municipal housing stock unites all those residential premises that belong to citizens by right of ownership;

2) the residential premises undergo the procedure for classifying it as a specialized housing stock.

Article 92 of the Housing Code of the Russian Federation defines the following procedural conditions for classifying premises as a specialized housing stock: the inclusion of residential premises in a specialized housing stock and the exclusion of such premises from the specified fund are carried out on the basis of decisions of the body that manages state or municipal housing funds. The decisions of the above bodies must contain provisions regarding the classification of residential premises as a certain type of specialized residential premises.

The right to use residential premises of a specialized housing stock is limited. Thus, the state or municipal entity can provide these premises only under social tenancy agreements, and cannot alienate them under purchase and sale agreements.

Article 93 of the Housing Code of the Russian Federation determines the purposes of using residential premises of specialized housing stock.

These residential premises are intended for the residence of citizens associated with certain relations with the government bodies and organizations listed in the article. This type of relationship arises when hiring for state unitary enterprises, performing state civil or municipal service, in connection with appointment to a government position in the Russian Federation or a government position in a constituent entity of the Russian Federation, as well as in cases of election to elective positions. Such relations are regulated by the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (Labor Code of the Russian Federation) and other special federal laws.

Such organizations include:

1) public authorities;

2) local government bodies;

3) state unitary enterprises;

4) municipal institutions.

2. Grounds for the provision of specialized residential premises

The provision of residential premises from a specialized housing stock occurs in the following order.

1. Acceptance owners' decisions such residential premises. The owner in this case is legally represented by state authorities or local governments, since public entities do not make decisions independently (Article 125 of the Civil Code of the Russian Federation).

2. Concluding a rental agreement for such premises with citizens. Residential premises from the specialized housing stock are provided only to those citizens who need it, i.e., do not have residential premises in the corresponding locality. The section of the Housing Code of the Russian Federation, dedicated to specialized housing stock, determines the purpose of the residential premises of the specified fund: temporary residence of citizens who are not provided with residential premises in a given locality, due to certain circumstances.

The Housing Code of the Russian Federation establishes certain requirements for a residential rental agreement. A rental agreement for specialized residential premises is not concluded with citizens who are provided with premises from the state or municipal housing stock as a matter of social protection.

The Housing Code of the Russian Federation establishes the general terms of the rental agreement for specialized residential premises. The specific provisions of such an agreement depend on the status of the selected premises and the tenant. The parties to the lease agreement for specialized residential premises are the lessor (an authorized government body, an authorized local government body or persons authorized by it acting on behalf of the owner of a specialized residential premises) and the tenant (the citizen to whom the specified residential premises are provided (clause 1 of Article 60 of the Housing Code of the Russian Federation) )).

This contract is fixed-term and for a fee. Residential premises are provided for a fee and temporarily, as a rule, for a period coinciding with the citizen’s working time or other circumstances in connection with which the citizen has the right to enter into such an agreement.

A rental agreement for specialized residential premises is concluded only on the basis of a decision to provide such residential premises. An authorized government body, an authorized local government body or a person authorized by it, acting on behalf of the owner of a specialized residential premises, has the right to conclude the above agreement only after a decision has been made to provide such residential premises by the relevant bodies or authorized persons.

Subject a rental agreement for specialized residential premises may be an isolated residential premises (house, part of a house, apartment, part of an apartment). However, there is an exception to this rule - the provision of housing in dormitories, where living quarters are provided at a rate of at least 6 m? living space per person (Part 1 of Article 105 of the Housing Code of the Russian Federation). Accommodation in a dormitory allows several unrelated persons to move into one room.

Compared to other residential lease agreements, this agreement imposes certain restrictions on the tenant. Thus, the tenant does not have the right to sublease the residential premises of a specialized housing stock and carry out barter transactions with it. The rules for using specialized residential premises are as follows: the rights and obligations of the landlord, with the exception of the above, repeat the rights and obligations of the landlord under a regular social tenancy agreement.

Under a social rental agreement for residential premises, the landlord has the right to demand timely payment of fees for the use of residential premises.

The landlord of a residential premises under a social tenancy agreement has the following responsibilities:

1) transfer to the tenant of residential premises free from any rights of other persons (for example, rental rights);

2) provision and direct participation in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;

3) carrying out major repairs of residential premises;

4) facilitating the provision of utility services to the tenant in sufficient quantity and proper quality (Part 1 of Article 60 of the Housing Code of the Russian Federation).

One of the conditions of the rental agreement for specialized residential premises is to indicate in this agreement the family members of the tenant of the specialized residential premises. And, accordingly, they bear rights and obligations jointly with the employer according to the rules established by Section IV of the Housing Code of the Russian Federation.

According to Art. 69 of the Housing Code of the Russian Federation, family members of a tenant of specialized residential premises under a rental agreement include his spouse living with him, as well as children and parents. Other persons (other relatives, disabled dependents) are recognized as family members of the tenant of specialized residential premises under a rental agreement if they are accommodated as members of his family and maintain a common household with him.

The rental agreement for specialized residential premises is concluded in simple written form. The Government of the Russian Federation has the right to approve standard rental agreements for residential premises of specialized housing stock for certain categories of tenants.

Termination of a rental agreement for specialized residential premises can be made by agreement of the parties at any time. According to Part 1 of Art. 101 of the Housing Code of the Russian Federation, the parties to such a rental agreement have the right, by agreement, to terminate the rental agreement for specialized residential premises concluded between them at any time. Within the meaning of the commented article, without an agreement, only the employer can exercise this right. The lessor has the right only to make such a proposal to the tenant, who may decide to terminate the contract concluded between them or refuse such an offer. In case of refusal, the lessor can terminate the contract only in court.

Part 2 of Art. 101 of the Housing Code of the Russian Federation establishes the right of the tenant to terminate the lease agreement for the occupied specialized residential premises at any time. Accordingly, the tenant is obliged to inform the landlord about such a decision.

There are special procedures and conditions for terminating a rental agreement for specialized residential premises at the initiative of the lessor. They are enshrined in Part 3 of Art. 101 Housing Code of the Russian Federation. The lessor may demand termination of this agreement only through judicial proceedings.

The basis for such a requirement is the failure of the tenant and his family members living with him to fulfill obligations under the lease agreement for specialized residential premises (Clause 4 of Article 79 of the Housing Code of the Russian Federation):

1) failure by the tenant to pay for housing and (or) utilities for more than six months;

2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;

4) use of residential premises for other purposes;

5) other cases provided for in Art. 83 LC RF (Article 83 LC RF).

At the request of the landlord, the rental agreement for specialized residential premises may be terminated in the event that the tenant has unauthorizedly carried out reconstruction or redevelopment of the occupied premises, if, after warning, this residential premises is not restored to its previous condition.

Grounds for termination of a rental agreement for specialized residential premises:

1) loss of residential premises of a specialized housing stock. Loss refers to the destruction of a living space. A residential building can be destroyed as a result of its demolition, collapse, natural disaster or other emergency situation, i.e. we are talking about the destruction of the object of the rental agreement, and not at the will of the tenant. Of course, in the event of termination of a rental agreement for specialized residential premises due to the destruction of a residential building, the tenant and members of his family are provided with another specialized residential premises with the conclusion of a similar rental agreement (Part 1 of Article 102 of the Housing Code of the Russian Federation);

2) termination of employment relations or tenure in an elective position, as well as dismissal from service is grounds for termination of the contract for the rental of official residential premises. Termination of labor relations, service or training is grounds for termination of the rental agreement for residential premises in a hostel (Part 1 of Article 103 of the Housing Code of the Russian Federation);

3) expiration of the period for which the rental agreement for residential premises of the mobile stock was concluded. Since the rental agreement for residential premises for internally displaced persons and refugees is concluded for a certain period, then its termination is accordingly grounds for termination of such an agreement (Part 1 of Article 103 of the Housing Code of the Russian Federation);

4) transfer of ownership of office residential premises or premises in a dormitory, transfer of such residential premises to the economic management or management of another legal entity. The exception is when the tenant of this residential premises has an employment relationship with the new owner or legal entity to which such residential premises have been transferred (Clause 2 of Article 102 of the Housing Code of the Russian Federation).

The law specifically regulates the process of eviction of citizens from specialized residential premises.

In itself, arbitrary deprivation of housing contradicts Part 1 of Art. 40 of the Constitution of the Russian Federation, therefore only a court can force a citizen to leave his or her premises.

However, Part 1 of Art. 103 of the Housing Code of the Russian Federation provides for the obligation of a citizen to leave the specialized residential premises he occupies in the event of termination of the tenancy agreement on the grounds provided for by it.

As for the relations that arose before the entry into force of the new Housing Code of the Russian Federation, Art. 13 of the Federal Law “On the entry into force of the Housing Code of the Russian Federation” states that “citizens who live in office residential premises and residential premises in dormitories provided to them before the entry into force of the Housing Code of the Russian Federation are registered as those in need of residential premises, provided under social tenancy agreements, or have the right to be registered on this account, cannot be evicted from these residential premises without the provision of other residential premises, if their eviction was not permitted by law before the entry into force of the Housing Code of the Russian Federation.”

The law distinguishes between eviction with and without the provision of another comfortable living space.

According to Part 2 of Art. 103 of the Housing Code of the Russian Federation cannot be evicted from office residential premises and residential premises in dormitories without the provision of other residential premises not being tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and registered as those in need of residential premises:

1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, dead (deceased) ) or missing in action while performing military service or official duties;

2) old age pensioners;

3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died;

4) disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury , concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

The eviction of these citizens with the provision of another comfortable residential premises is the responsibility of the previous owner of the residential premises.

These persons are provided with other residential premises that meet the following characteristics:

1) compliance of the residential premises with sanitary standards;

2) compliance of the residential premises with technical standards;

3) the residential premises must be located within the same locality.

Such characteristics of the premises as the amenities and size of the living space may not be taken into account in the event of eviction of citizens from the hostel.

The law stipulates the specifics of providing official residential premises.

1. Service residential premises are provided to citizens in connection with the nature of their work in a state authority, local government, state unitary enterprise, state or municipal institution or in connection with the performance of public service or holding an elective position in a state or local government.

2. The specified categories of persons are provided only with separate apartments; providing them with a room in a dormitory is not allowed. In accordance with Part 3 of Art. 16 of the Housing Code of the Russian Federation, an apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as premises for auxiliary use, intended for citizens to satisfy household and other needs related to their residence in such a separate room.

3. Termination of labor relations, official relations, expiration of the period for which a citizen was elected to a position, serve as grounds for termination of the contract for the rental of office premises.

Are residential premises provided in dormitories based on a minimum area of ​​6 m? for one person.

In order to have the right to be provided with residential premises in a dormitory, a citizen must be in an employment relationship or study in an organization (educational institution) on whose balance sheet the given educational institution is located. Accordingly, the decision to provide a citizen with residential premises in a dormitory serves as the basis for concluding a rental agreement.

The specified agreement is concluded for the period during which there are labor relations, service or training relations between the parties to the specified agreement. Confirmation of these relations is, respectively, an employment contract, a service contract, an agreement (contract) or a corresponding act on the provision of services in the field of education.

The termination of the above relations serves as the basis for termination of the rental agreement for residential premises in the hostel.

State authorities or local self-government bodies have the right to allocate the so-called maneuverable fund as part of the state or municipal housing stock, respectively. It serves to temporarily provide residential premises to citizens in the following cases:

1) if a major renovation of a house is taking place, the premises in which are provided to a citizen on the basis of a social tenancy agreement;

2) if a citizen has lost his only residential premises as a result of foreclosure on such premises;

3) if, as a result of emergency circumstances or the actions of natural forces, a citizen has lost his only living space;

The standard for the provision of residential premises in houses of flexible stock is 6 m? per person. The intended purpose of these residential premises is to accommodate citizens for temporary residence.

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;

2) before 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;

3) until settlements are completed with citizens whose only residential premises became unsuitable for living as a result of emergency circumstances, or until they are provided with other residential premises of the state or municipal housing stock;

4) another period established by law (Article 105 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.

The provision of residential premises in houses of the social service system is provided for by law in the event that citizens applying for such premises need social protection. The procedure, conditions for the provision and use of the above residential premises are established by federal legislation and the legislation of the constituent entities of the Russian Federation.

The procedure for providing residential premises to funds for the temporary settlement of forced migrants and persons recognized as refugees is established by federal laws (Article 108 of the Housing Code of the Russian Federation).

According to Art. 109 of the Housing Code of the Russian Federation, for the social protection of certain categories of citizens, residential premises may be provided in accordance with special federal legislation or the legislation of the constituent entities.

1. Residential premises of a specialized housing stock (hereinafter referred to as specialized residential premises) include:

1) service residential premises;

2) living quarters in dormitories;

3) residential premises of the maneuverable fund;

4) residential premises in houses of the social service system;

5) residential premises of the fund for temporary settlement of internally displaced persons;

6) residential premises of the fund for temporary settlement of persons recognized as refugees;

7) residential premises for social protection of certain categories of citizens.

2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is permitted only after such premises are classified as a specialized housing stock in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of specialized residential premises and the exclusion of residential premises from the specified stock are carried out on the basis of decisions of the body that manages the state or municipal housing stock.

3. Specialized residential premises are not subject to alienation, transfer for rent, or lease, with the exception of the transfer of such premises under lease agreements provided for in this section.


1. The commented article contains a list of residential premises of specialized housing stock.

Specialized housing stock- this is the totality of all residential premises located on the territory of the Russian Federation, owned by the Russian Federation, constituent entities of the Russian Federation and municipalities, intended for temporary residence of certain categories of citizens.

The specialized housing stock consists of residential premises of state and municipal housing funds.

Such premises are used as specialized residential premises after they are classified as a specialized housing stock in the manner established by the Government of the Russian Federation.

These premises are not subject to alienation, transfer to lease, lease, with the exception of the transfer of such premises under lease agreements.

Residential premises of specialized housing stock are:

1) service residential premises are categories of residential premises intended for citizens who, due to the specifics of their work, were required to live directly at or near their place of work.

2) residential premises in dormitories are residential premises intended for temporary residence of citizens during the period of their work, service or training;

3) residential premises of the maneuverable fund are premises intended:

– citizens forced to temporarily leave premises occupied by them under social tenancy agreements in houses that are subject to major repairs or reconstruction;

– citizens who have lost their only home, acquired through a loan or credit, as a result of foreclosure on it as the subject of a mortgage;

– citizens who have lost the opportunity to live in residential premises that have been damaged or destroyed as a result of emergency circumstances;

4) residential premises in houses of the social service system are residential premises intended for the residence of citizens in need of special social protection and the provision of medical and social services.

5) residential premises of the fund for temporary settlement of internally displaced persons.

Forced migrant is a citizen of the Russian Federation who left his place of residence as a result of violence or other forms of persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of membership in a particular social group or political beliefs that have become grounds for hostile campaigns against a specific person or group of persons, mass violations of public order;

6) residential premises of the fund for temporary settlement of persons recognized as refugees.

Refugee is a person who is not a citizen of the Russian Federation and who, due to a well-founded fear of becoming a victim of persecution on grounds of race, religion, citizenship, nationality, membership of a particular social group or political opinion, is outside the country of his citizenship and cannot enjoy the protection of this country or is unwilling to avail itself of such protection due to such fears; or, being of no nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling, owing to such fear, to return to it;

7) residential premises for social protection of certain categories of citizens - these are premises provided to citizens who need special social protection, but do not require the provision of medical and social services.

2. The body managing the state or municipal housing stock, by its decision, includes residential premises in a specialized housing stock. This premises belongs to a certain type of specialized residential premises and is excluded from the residential premises of the specified fund on the basis of a decision of the above-mentioned body.

3. Such premises cannot be leased or rented. This means that a transaction carried out in relation to such residential premises will be considered invalid.

Service 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 government position in the Russian Federation or a government position subject of the Russian Federation or in connection with election to elective positions in government bodies or local government bodies.


1. Service living quarters- these are residential premises intended for citizens who, due to the specifics of their work, needed to live directly at or near their place of work.

2. A citizen may be provided with official residential premises in connection with entering into an employment relationship with:

1) government bodies;

2) local government bodies.

Local authorities– elected and other bodies empowered to resolve issues of local importance and not included in the system of government bodies;

The presence of elected bodies of local self-government of municipalities is mandatory.

In the constituent entities of the Russian Federation, the federal cities of Moscow and St. Petersburg, in accordance with the charters and laws of the constituent entities of the Russian Federation - the federal cities of Moscow and St. Petersburg, elected city local government bodies of the cities of Moscow and St. Petersburg may not be created;

3) state unitary enterprises.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership to the property assigned to it by the owner.

The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

The following are created and operate in the Russian Federation: types of unitary enterprises:

a) unitary enterprises based on the right of economic management - a federal state enterprise and a state enterprise of a constituent entity of the Russian Federation, a municipal enterprise;

b) unitary enterprises based on the right of operational management - a federal government enterprise, a government enterprise of a constituent entity of the Russian Federation, a municipal government enterprise;

4) state or municipal institutions.

An institution is an organization created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature and financed by him in whole or in part;

5) in connection with service;

6) in connection with appointment to a public position of the Russian Federation or a public position of a constituent entity of the Russian Federation or in connection with election to elective positions in state authorities or local government bodies.

Civil service positions are established by federal law or other regulatory legal act of the Russian Federation, law or other regulatory legal act of a constituent entity of the Russian Federation.

Civil service positions are divided into:

a) positions in the federal state civil service;

b) positions of the state civil service of a constituent entity of the Russian Federation;

c) military positions;

d) law enforcement positions.

3. The legislator has limited the list of cases when a citizen can be provided with official living space, work in government bodies, local government bodies, state unitary enterprises, state or municipal institutions, service, appointment to a public position in the Russian Federation or a constituent entity of the Russian Federation, election positions in state authorities or local government.

Thus, an employee of a non-governmental organization (business company, partnership, cooperative, public organization) does not have the right to apply for official residential premises.

On the one hand, persons working in government organizations other than those listed above also do not have the right to demand that they be provided with office living space.

1. Residential premises in dormitories are intended for temporary residence of citizens during the period of their work, service or training.

2. Specially built or converted houses or parts of houses for these purposes are provided for dormitories.

3. Residential premises in dormitories are equipped with furniture and other items necessary for citizens to live.


1. Housing in dormitories is intended for temporary residence of citizens during the period of their work, service or training.

Dorms include the following signs:

– houses or parts of houses specially built for these purposes are provided;

– houses or parts of houses converted for these purposes.

2. It is not permitted to use residential premises as dormitories in residential buildings intended for permanent residence, the use of which is carried out under a residential lease agreement.

Dormitories are created for single citizens, as well as for families (mostly young people).

The dormitories are settled after the necessary living conditions for living have been created and a registration certificate has been obtained.

The main difference between the concept of service living quarters and living quarters in a dormitory is that living quarters in dormitories are provided at a rate of at least six square meters per person (Article 105 of the Housing Code of the Russian Federation), and service living quarters are provided to citizens in the form of a separate apartment ( Article 104 of the Housing Code of the Russian Federation).

3. Living quarters in dormitories are equipped with:

– furniture;

– other items necessary for the living of citizens. The specified property is included in the subject of the rental agreement for residential premises in the hostel along with the residential premises themselves.

4. Resolution of the Council of Ministers of the RSFSR dated August 11, 1988 No. 328 “On approval of the approximate regulations on hostels” defines the rights and obligations of citizens living in a hostel.

According to this Resolution, workers, employees, students, students, as well as others citizens have the right:

– to use the provided living space, premises for cultural, social and other purposes, to demand the provision of furniture, bedding and other hostel equipment, public utilities, as well as the safety of their property;

– elect and be elected to the self-government bodies of the hostel, take part in their work, make proposals to improve housing, everyday and cultural services for residents of the hostels and achieve their implementation;

– demand the timely replacement of furniture, bedding and other hostel equipment that has become unusable, as well as the elimination of deficiencies in housing and household services.

Residents of the dormitory workers, students, students, and other citizens obliged:

– use the living space provided to him in accordance with its purpose;

– comply with the rules of socialist community life, internal regulations, fire safety and sanitary and hygienic rules;

– ensure the safety of residential premises, treat sanitary and other equipment and inventory with care;

– use water, gas, electrical and thermal energy economically;

– timely pay fees for the use of living space, provided utilities and other services at established rates and tariffs;

– follow the rules for maintaining the local area.

Residents of the hostel participate in the improvement and landscaping of the territory adjacent to the hostel, the protection of green spaces, the installation, repair and proper maintenance of sports and playgrounds.

5. The rental agreement for residential premises in a dormitory is terminated upon termination of employment, study, or dismissal from service.

In cases of termination or termination of rental agreements for residential premises in a hostel, citizens must vacate the residential premises that they occupied under these agreements. In case of refusal to vacate such residential premises, these citizens are subject to eviction in court without the provision of other residential premises.

Cannot be evicted from residential premises in dormitories without the provision of other residential premises who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and registered as those in need of residential premises:

– family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire service bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, dead (deceased) ) or missing in action while performing military service or official duties;

– old age pensioners;

– family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died;

– disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury, shell shock or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

The 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.


1. Residential premises of the maneuverable fund– this is a residential premises intended for temporary residence of citizens, this premises represents in the following cases:


in connection with major repairs or reconstruction of a house in which there are residential premises occupied by citizens under social tenancy agreements.

Overhaul is considered a repair in which worn-out structures and parts are replaced or replaced with more durable and economical ones that improve the operational capabilities of the objects being repaired, with the exception of the complete replacement of the main structures, the service life of which in a given object is the longest (stone and concrete foundations of buildings and structures, all types of walls of buildings and structures, pipes of underground networks, bridge supports).

At the expense of funds allocated for major repairs, work cannot be carried out caused by a change in the technological or service purpose of a building or structure, increased loads and other new qualities, except in cases permitted by the Government.

Reconstructions– this is the reconstruction of existing main, auxiliary and service facilities, as a rule, without expanding existing buildings.

Owners and family members of owners of residential premises must independently solve their housing problems during the period of reconstruction or major repairs of their home.

Residential premises of the maneuverable fund are represented if major repairs or reconstruction of the house are carried out in residential premises owned by citizens under social rental agreements for residential premises.

Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer the residential property to the other party - the citizen (tenant) premises for possession and use for living in it under the conditions established by the Housing Code.

The transfer of ownership of residential premises occupied under a lease agreement does not entail termination or modification of the residential premises lease agreement. In this case, the new owner becomes a lessor under the terms of the previously concluded rental agreement.

In the event of termination of a residential tenancy agreement, the tenant and other citizens living in the residential premises at the time of termination of the contract are subject to eviction from the residential premises based on a court decision.

A social rental agreement for residential premises is concluded without specifying its validity period;

2) if citizens who purchased residential premises:

- and pledged it to secure the repayment of a loan or targeted loan (provided that at the time of foreclosure such residential premises are the only ones for them.

Credit(from Latin creditum - loan) - a loan provided in cash on the terms of repayment and, as a rule, payment.

When providing a loan, a loan agreement is concluded between the bank, another credit organization and the citizen who takes out the loan.

Loan agreement- this is an agreement under which a bank or other credit organization (lender) undertakes to provide funds (loan) to the borrower in the amount and on the terms stipulated by the agreement, and the borrower undertakes to return the amount of money received and pay interest on it.

Credit organisation- a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a license from the Central Bank of the Russian Federation, has the right to carry out banking operations provided for by Federal Law No. 395-1 of December 2, 1990 “On Banks and Banking Activities.” A credit organization is formed on the basis of any form of ownership as a business company.

Bank– a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attracting funds from individuals and legal entities into deposits, placing these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts of individuals and legal entities;

– lost residential premises as a result of foreclosure on these residential premises, due to failure to fulfill the credit agreement (or loan agreement) through which this housing was purchased. If foreclosure on the mortgaged residential premises was made as a result of failure to fulfill any other obligation, the premises in the flexible fund are not provided to the citizen.

2. If the borrower violates the terms of the loan agreement (failure to repay the loan within the period established in the agreement), the lender (bank) has the right to go to court with a claim to collect the outstanding loan amount. If the borrower does not have the funds to repay the debt under the loan agreement, foreclosure may be brought against the residential premises purchased using this loan in court.

The realization (sale) of the pledged property is carried out by sale at public auction in the manner established by procedural legislation.

At the request of the pledgor (bank), the court has the right, in a decision to foreclose on the pledged property, to postpone its sale at public auction for up to one year. The postponement does not affect the rights and obligations of the parties under the obligation secured by the pledge of this property, and does not relieve the debtor from compensation for the creditor's losses and penalties that have increased during the postponement.

The initial sale price of the pledged property, from which the auction begins, is determined by a court decision in cases of foreclosure on property through judicial proceedings or by an agreement between the pledgee and the pledgor in other cases.

The pledged property is sold to the person who offers the highest price at the auction.

If the auction is declared invalid, the pledgee has the right, by agreement with the pledgor, to purchase the pledged property and offset his claims secured by the pledge against the purchase price. The rules on sales contracts apply to such an agreement.

If the amount received from the sale of the pledged property is insufficient to cover the claim of the pledgee, he has the right, in the absence of other instructions in the law or agreement, to receive the missing amount from the other property of the debtor, without taking advantage of the pledge.

If the amount received from the sale of the pledged property exceeds the amount of the pledgee's claim secured by the pledge, the difference is returned to the pledgor;

3) if, as a result of emergency circumstances, the only residential premises of citizens have become uninhabitable;

Extraordinary circumstances– these are circumstances that occurred as a result of an accident, a dangerous natural phenomenon, a catastrophe, a natural or other disaster that may result or have resulted in human casualties, damage to human health or the environment, significant material losses and disruption of people’s living conditions.

In the commented article, residential premises are understood as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements);

4) other citizens in cases provided for by law.

Citizens who have received residential premises in a house of a maneuverable fund for other reasons use it for the period established by the normative act that provided for the right to receive such housing in appropriate cases.

Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services.


1. Residential premises in houses of the social service system– these are residential premises intended for the residence of citizens in need of special social protection and the provision of medical and social services.

2. Residential premises in houses of the social service system:

– intended for residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection;

– with the provision of medical and social services to this category of citizens.

3. Elderly citizens:

– (women over 55 years old, men over 60 years old) and disabled people (including disabled children);

– those in need of permanent or temporary assistance due to partial or complete loss of the ability to independently satisfy their basic life needs due to limited ability to self-care and movement;

– have the right to social services provided in the state and non-state sectors of the social service system (Article 5 of the Federal Law of August 2, 1995 No. 122-FZ “On social services for elderly citizens and the disabled.”

4. Inpatient social services are aimed at providing comprehensive social and everyday assistance to elderly citizens and disabled people who have partially or completely lost the ability to self-care and who, for health reasons, need constant care and supervision.

Inpatient social services include measures to create for elderly and disabled citizens:

– these measures must be adequate to their age and health status and living conditions;

– include rehabilitation measures of a medical, social and therapeutic-labor nature;

– contribute to the provision of care and medical assistance and the organization of their recreation and leisure.

Inpatient social services for elderly and disabled citizens are provided in inpatient social service institutions, profiled in accordance with their age, health and social status.

5. Elderly citizens and disabled people who have partially or completely lost the ability to self-care and need constant outside care, from among particularly dangerous repeat offenders released from prison and other persons for whom administrative supervision is established in accordance with current legislation, as well as citizens elderly and disabled people, previously convicted or repeatedly brought to administrative responsibility for violating public order, engaged in vagrancy and begging, who are sent from institutions of the internal affairs bodies, in the absence of medical contraindications and at their personal request, are accepted for social services in special inpatient social service institutions in the manner determined by the executive authorities of the constituent entities of the Russian Federation.

6. Elderly citizens and disabled people living in inpatient social service institutions and constantly violating the order of living in them established by the Regulations on the social service institution may, at their request or by a court decision made on the basis of a proposal from the administration of these institutions, be transferred to special inpatient institutions social service institutions

7. Residential premises intended for citizens in need of special social protection may belong to both the state housing stock and the municipal housing stock.

Residential premises of funds for the temporary settlement of forced migrants and persons recognized as refugees are intended for the temporary residence of citizens recognized in the manner established by federal law, respectively, as forced migrants and refugees.


1 . Residential premises of funds for temporary settlement– these are premises provided for temporary residence of persons recognized as forced migrants and persons recognized as refugees.

2. The procedure for recognizing citizens as forced migrants and refugees is established by federal laws.

Forced migrant:

- a citizen of Russian Federation;

– who left his place of residence as a result of violence or other forms of persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of membership in a particular social group or political opinions that have become reasons for conducting hostile campaigns against a specific person or group of persons, mass violations of public order. (Article 1 of the Federal Law of February 19, 1993 No. 4530-1 “On forced migrants.”

The following are recognized as forced migrants:

1) citizens of the Russian Federation who were forced to leave their place of residence on the territory of a foreign state and arrived on the territory of the Russian Federation;

2) citizens of the Russian Federation who were forced to leave their place of residence in the territory of one subject of the Russian Federation and arrived in the territory of another subject of the Russian Federation.

A foreign citizen or stateless person who permanently resides legally on the territory of the Russian Federation and who has changed their place of residence within the territory of the Russian Federation is also recognized as a forced migrant.

A forced migrant is also recognized as a citizen of the former USSR who permanently resided on the territory of a republic that was part of the USSR, who received refugee status in the Russian Federation and lost this status in connection with the acquisition of citizenship of the Russian Federation, in the presence of circumstances that prevented this person during the period of refugee status in arrangement on the territory of the Russian Federation.

3. The decision to recognize a person as a forced migrant is made by the relevant territorial body of the migration service. This decision is applied within three months from the date of registration of the application, regardless of the person’s ability to independently settle in the given area.

The territorial migration service authority issues or sends a notification in writing about the results of consideration of the application within 5 days from the date of this decision.

The decision to recognize a person as a forced migrant is the basis for providing him with guarantees established by this Law, federal laws and other regulatory legal acts of the Russian Federation, as well as laws and other regulatory legal acts of the constituent entities of the Russian Federation.

4. A person recognized as a forced migrant is issued an appropriate certificate. The certificate of one of the parents contains information about his family members recognized as forced migrants who have not reached the age of eighteen.

The form of the forced migrant's certificate and the procedure for its issuance are determined by the Government of the Russian Federation. The certificate is valid throughout the Russian Federation.

5. Forced migrant status is granted for 5 years.

Refugee:

– a person who is not a citizen of the Russian Federation;

– the person, due to a well-founded fear of being persecuted for reasons of race, religion, nationality, nationality, membership of a particular social group or political opinion, is outside the country of his nationality;

– is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or, being of no nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it owing to such fear. (Article 1 of the Federal Law of February 19, 1993 No. 4528-I “On Refugees”).

Recognition of a person as a refugee provides for:

1) applying for refugee status (hereinafter referred to as the application)

2) preliminary consideration of the application;

3) making a decision to issue a certificate of consideration of the application on the merits or to refuse to consider the application on the merits;

4) issuance of a certificate or notice of refusal to consider the application on the merits;

5) consideration of the application on its merits;

6) making a decision on recognition as a refugee or refusal to recognize a refugee;

7) issuance of a refugee certificate or notification of refusal of refugee recognition.

The decision to issue a certificate or to recognize a refugee, or the decision to refuse to consider an application on the merits or to refuse recognition as a refugee, is made based on the results of questioning the person, drawing up a questionnaire based on individual interviews, as well as on the results of checking the accuracy of the information received about this person and family members who arrived with him, checking the circumstances of their arrival on the territory of the Russian Federation and the grounds for their presence on the territory of the Russian Federation, after a comprehensive study of the reasons and circumstances set out in the petition.

1. Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.


1. Residential premises for social protection of certain categories of citizens are premises provided to citizens who need special social protection, but do not require the provision of medical and social services.

- federal legislation.

2. Article 11 of the Federal Law of December 10, 1995 No. 195-FZ “On the Basics of Social Services for the Population in the Russian Federation” defines the list of citizens in need of special social protection in the provision of temporary shelter:

orphans;

children left without parental care;

neglected minors;

children who find themselves in difficult life situations;

citizens without a specific place of residence and certain occupations;

citizens who have suffered from physical or mental violence, natural disasters, as a result of armed and interethnic conflicts;

other social service clients in need of temporary shelter;

legislation of the constituent entities of the Russian Federation.

The laws of the constituent entities of the Russian Federation often provide for the provision of residential premises to other categories of citizens in need of special social protection.

For example, Decree of the Moscow Government of March 14, 1995 No. 205-pp “On a special home for lonely elderly people.”

Chapter 10. Provision of specialized residential premises and their use

1. Specialized residential premises are provided on the basis of decisions of the owners of such premises (authorized bodies of state power or authorized local government bodies acting on their behalf) or persons authorized by them under contracts for the lease of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens who are provided under free use agreements.

2. Specialized residential premises are provided on the grounds established by this Code to citizens who are not provided with residential premises in the relevant locality.


1. Specialized residential premises are provided:

– by the decision of the owners of such premises, i.e. persons who exercise the rights of ownership, use and disposal of residential premises owned by them in accordance with its purpose and the limits of its use;

– under contracts for the rental of specialized residential premises, with the exception of residential premises for the social protection of certain categories of citizens, which are provided under contracts for free use.

Authorized government bodies or authorized local government bodies act on behalf of the owners of such premises.

2. According to the commented article, citizens who are not provided with residential premises are provided with specialized residential premises in the corresponding locality (see commentary to Article 98 of the RF Housing Code).

1. Under a contract for the rental of specialized residential premises, one party - the owner of the specialized residential premises (an authorized body of state power or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer this residential premises to the other party - the citizen (tenant) for payment for ownership and use for temporary residence in it.

2. A rental agreement for specialized residential premises is concluded on the basis of a decision to provide such premises.

3. The lease agreement for specialized residential premises defines the subject of the agreement, the rights and obligations of the parties for the use of specialized residential premises.

4. The tenant of specialized residential premises does not have the right to exchange the occupied residential premises, or sublease it.

5. The rules provided for in Article 65, parts 3 and 4 of Article 67 and Article 69 of this Code apply to the use of specialized residential premises under lease agreements for such residential premises, with the exception of the use of service residential premises, to the use of which under lease agreements for such premises the rules apply, provided for by parts 2 – 4 of Article 31, Article 65 and parts 3 and 4 of Article 67 of this Code.

6. The tenant’s family members are indicated in the rental agreement for specialized residential premises.

7. The rental agreement for specialized residential premises is concluded in writing.

8. Standard rental agreements for specialized residential premises are approved by the Government of the Russian Federation.


1. Parties to the rental agreement specialized residential premises is:

– the owner of a specialized residential premises (an authorized government body or an authorized local government body acting on his behalf) or a person authorized by him (the landlord);

– citizen (employer).

2. Subject of the rental agreement specialized residential premises: the landlord undertakes to transfer this residential premises to the tenant for a fee for possession and use for temporary residence in it.

A rental agreement for specialized residential premises is concluded on the basis of a decision to provide such premises.

3. The rental agreement for specialized residential premises determines the subject of the agreement, the rights and obligations of the parties for the use of specialized residential premises.

4. Employer specialized residential premises not entitled:

- exchange occupied residential premises. Exchange is an action as a result of which the tenant of a residential premises under a social tenancy agreement, with the written consent of the landlord and members of his family living with him, exchanges the residential premises occupied by them for residential premises provided under a social tenancy agreement to another tenant;

– sublease specialized residential premises.

5. Landlord must:

1) transfer to the tenant residential premises free from the rights of other persons;

2) take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;

3) carry out major repairs of residential premises;

4) ensure that the tenant receives the necessary utilities of adequate quality.

Employer residential premises under a lease agreement for specialized residential premises has the following rights:

– allow temporary residents to live in residential premises;

- exchange or replace occupied residential premises.

6. Family members of the tenant of residential premises under a rental agreement for specialized residential premises have equal rights and obligations with the tenant. The capable family members of the tenant of a residential premises under a social tenancy agreement bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.

The tenant's family members are specified in the rental agreement for specialized residential premises.

7. The form of the rental agreement for specialized residential premises is written. In most cases, such an agreement is drawn up in the form of a single document signed by both parties. However, the law does not prohibit concluding a rental agreement for specialized premises through the exchange of relevant documents (offer and acceptance), each of which is signed by one of the parties. An agreement for the rental of specialized residential premises, concluded in violation of the mandatory written form, retains its legal force, however, if a dispute arises, the parties are deprived of the right to refer to witness testimony to confirm the very fact of concluding the agreement and its terms.

8. From the moment the Housing Code of the Russian Federation comes into force, standard rental agreements for specialized premises emanating from other federal government bodies, from government bodies of constituent entities of the Russian Federation, from local government bodies lose force.

The Government of the Russian Federation approves standard rental agreements for specialized residential premises.

1. The rental agreement for specialized residential premises may be terminated at any time by agreement of the parties.

2. The tenant of specialized residential premises may terminate the rental agreement for specialized residential premises at any time.

3. The lease agreement for specialized residential premises may be terminated in court at the request of the landlord if the tenant and his family members living with him fail to fulfill their obligations under the lease agreement for specialized residential premises, as well as in other cases provided for in Article 83 of this Code.


1. This article establishes a general rule for the termination of contracts, that is, a contract for the rental of specialized residential premises can be terminated by agreement of the parties at any time. This rule is mandatory in nature and cannot be changed by the will of the parties.

2. As a general rule, a contract can be amended or terminated by agreement of the parties. In the latter case, it is more correct to speak of termination of the contract by agreement of the parties, since termination is a jurisdictional method of terminating a contractual obligation.

The tenant of specialized residential premises may terminate the rental agreement for specialized residential premises at any time. The employer is not even obliged to explain to the landlord the reasons for his decision.

3. At the request of the landlord, the rental agreement for specialized residential premises may be terminated judicially:

1) if the tenant and his family members living with him fail to fulfill their obligations under the lease agreement for specialized residential premises;

2) failure to pay for housing and utilities for more than six months. If the contract is terminated due to the fact that 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 are subject to eviction 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. When considering a claim for termination of the contract on this basis and eviction of the tenant, the court must make sure that the tenant did not have valid reasons for not paying rent for the premises (unemployment, delays in payment of wages, the presence of disabled persons in the family);

3) destruction or damage to residential premises by the tenant or citizens for whose actions he is responsible;

4) - systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises; as well as using residential premises for other purposes.

1. The rental agreement for specialized residential premises is terminated due to the loss (destruction) of such residential premises or on other grounds provided for by this Code.

2. The transfer of ownership of office residential premises or residential premises in a dormitory, as well as the transfer of such residential premises to the economic management or operational management of another legal entity entails the termination of the lease agreement for such residential premises, except in cases where the new owner of such residential premises or the legal entity to which such residential premises is transferred is a party to an employment contract with the employee - the employer of such residential premises.


1. The rental agreement for specialized residential premises is terminated due to the loss (destruction) of such residential premises. The destruction of a specialized residential premises implies the destruction of the subject of the contract. Consequently, the concept of “loss” of a premises is much broader than its physical destruction (destruction).

2. The commented article also provides for other grounds for termination of the lease agreement for such residential premises

These include:

– transfer of ownership of service residential premises or residential premises in a dormitory. Transfer of ownership– this is a change of a specific owner within the state or municipal forms of ownership. This can happen, for example, in the case when specialized residential premises are transferred from the ownership of one subject of the Russian Federation to the ownership of another (or the Federation itself), or are transferred from one municipal entity to another;

– transfer of such residential premises for economic management or operational management to another legal entity.

The rental agreement for such residential premises is not terminated if the new owner of such residential premises or the legal entity to which such residential premises is transferred is a party to the employment contract with the employee who is the tenant of such residential premises.

1. In cases of termination or termination of rental contracts for specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such residential premises, these citizens are subject to eviction in court without the provision of other residential premises, except for the cases provided for in Part 2 of Article 102 of this Code and Part 2 of this Article.

2. Those who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and registered as those in need of residential premises:

1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control of the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, deceased ( deceased) or missing in action while performing military service or official duties;

2) old age pensioners;

3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died;

4) disabled people of groups I or II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled military personnel who became disabled of groups I or II due to injury , concussion or injury received during the performance of military service duties or as a result of an illness associated with the performance of military service duties.

3. Citizens specified in part 2 of this article are provided with other residential premises, which must be located within the boundaries of the relevant locality.

4. The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of this Code is carried out by the previous owner or legal entity transferring the relevant residential premises.


1. Citizens must vacate residential premises that they occupied under rental contracts for specialized residential premises in cases of their termination or termination of contracts. These citizens are subject to judicial eviction if they refuse to vacate specialized residential premises without providing other residential premises.

Eviction is a measure of state legal influence that entails the termination of the housing legal relationship. They differ: judicial eviction (the basis here is a court decision) and administrative eviction (carried out with the sanction of the prosecutor).

Speaking about judicial eviction, it should be noted that housing legislation separates judicial eviction into three types:

1) eviction with the provision of citizens with other comfortable living quarters;

2) eviction with the provision of other living quarters;

3) eviction without providing citizens with other living quarters.

2. Citizens cannot be evicted from specialized residential premises:

– if the new owner of the premises or the legal entity to which such residential premises have been transferred is a party to an employment contract with the employee who is the tenant of such residential premises;

– citizens listed in part 2 of the commented article.

The rule on the eviction of a citizen without the provision of another residential premises knows no exceptions when it comes to eviction from residential premises:

a) maneuver fund. The residential premises of the maneuverable fund are intended for temporary residence;

b) in houses of the social service system. Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services;

c) a fund for temporary settlement of forced migrants. Residential premises of funds for the temporary settlement of forced migrants are intended for the temporary residence of citizens recognized as forced migrants in accordance with the procedure established by federal law;

d) a fund for the temporary settlement of persons recognized as refugees. Residential premises of funds of persons recognized as refugees are intended for temporary residence of citizens recognized as forced refugees in accordance with the procedure established by federal law;

e) for social protection of certain categories of citizens.

Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection.

3. The following persons who are registered as needing residential premises and who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement cannot be evicted from office residential premises and residential premises in dormitories without the provision of other residential premises rental, owners of residential premises or family members of the owner of residential premises, persons listed in Part 2 of the commented article.

The above-mentioned citizens are provided with other residential premises, which must be located within the boundaries of the relevant locality. Such a room may meet the criterion: its area must be no less than the size of the living space established for moving citizens into the hostel

4. The burden of eviction of citizens from official residential premises or dormitories and providing them with other housing in the event of a change in the owner or title owner of the premises rests with the previous owner or the legal entity transferring the corresponding residential premises to the new owner.

1. Service residential premises are provided to citizens in the form of a separate apartment.

1) by a government body of the Russian Federation - in the housing stock of the Russian Federation;

2) by a government body of a constituent entity of the Russian Federation - in the housing stock of a constituent entity of the Russian Federation;

3) by a local government body - in the municipal housing stock.

3. The contract for the rental of office residential premises is concluded for the period of labor relations, 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 an employment relationship or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation, or an elective position, as well as dismissal from service, is grounds for termination of the rental agreement for office residential premises.


1. The norm established by this article is imperative.

Service residential premises are provided:


1) in the housing stock of the Russian Federation - by a government body of the Russian Federation;

2) in the housing stock of a constituent entity of the Russian Federation - by the government body of the constituent entity of the Russian Federation;

3) in the municipal housing stock - by a local government body.

2. The rental agreement for office residential premises is concluded for the period:

1) labor relations. Labor relations are regulated by an employment contract.

Employment contract- an agreement between an employee and an enterprise, institution, organization, in accordance with which the employee undertakes to perform work in a certain specialty, qualification or position, subject to internal labor regulations, and the enterprise, institution, organization undertakes to pay the worker wages and ensure working conditions provided for by the legislation on labor, collective agreement and agreement of the parties.

An employment contract can be concluded for an indefinite period, for a specific period (fixed-term employment contract) and for the duration of specific work. A fixed-term employment contract is concluded in cases where the employment relationship cannot be established for an indefinite period, taking into account the nature of the work to be done, or the conditions for its implementation, or the interests of the employee, as well as in cases directly provided for by law;

2) serving 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.

Government position- this is a position in federal government bodies, government bodies of constituent entities of the Russian Federation, as well as in other government bodies formed in accordance with the Constitution of the Russian Federation, with an established range of responsibilities for the execution and provision of the powers of this government body, monetary content and responsibility for the performance of these duties .

3. The basis for terminating the contract for the rental of official residential premises is the termination of employment relations or tenure in a government position of the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service.

1. Living quarters in dormitories are provided at the rate of at least six square meters of living space per person.

2. The rental agreement for residential premises in a dormitory is concluded for the period of employment, service or training. Termination of employment, study, as well as dismissal from service is grounds for termination of the tenancy agreement for residential premises in a dormitory.


1. The standard for providing living space per person in residential premises of dormitories is provided at the rate of at least 6 square meters per person. Families are provided with isolated living quarters.

Citizens who have the right to priority and priority receipt of residential premises in houses of the state and municipal housing stock have an advantage in obtaining living space in a dormitory.

Those moving into the dormitory are provided with furniture, bedding and other equipment. He must be familiar with the internal rules, rights and responsibilities of residents of the hostel.

The rental agreement for residential premises in the hostel is concluded for the period:

– labor relations;

– completion of service or training.

The basis for termination of a rental agreement for residential premises in dormitories is the termination thereof.

2. In accordance with Part 2 of Art. 92 of the Housing Code of the Russian Federation, the rules defining the legal regime of hostels apply only to residential premises that are part of the state or municipal housing stock. If a non-state legal entity provides residential premises to its employees or students for the period of work or study, the rules governing the provision and use of specialized residential premises do not apply to them, since the corresponding premises belong to the private housing stock.

1. Residential premises of the flexible stock are provided at the rate of no less than six square meters of living space per person.

2. 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 this Code);

2) before completing 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 this Code);

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 Code, 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 that provided for by this Code (when concluding such an agreement with citizens specified in paragraph 3 of Article 95 of this Code);

4) established by law (when concluding such an agreement with citizens specified in paragraph 4 of Article 95 of this Code).

3. The expiration of the period for which the contract for the rental of residential premises of the mobile stock is concluded is the basis for termination of this contract.


1. Residential premises of the maneuverable fund, as noted above (see commentary to Article 95 of the RF Housing Code) these are residential premises intended for temporary residence of citizens:

– in connection with major repairs or reconstruction of the house in which there are residential premises occupied by them under social tenancy agreements;

– those 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 foreclosure, such residential premises are the only ones for them;

– whose only living quarters became uninhabitable as a result of emergency circumstances;

– other citizens in cases provided for by law.

The norm for the provision of residential premises in a house of flexible stock in accordance with Part 1 of this article is no less than 6 square meters of living space per person.

A lease agreement for residential premises of a flexible stock is concluded in the following cases:

until the completion of major repairs or reconstruction of the house in which there are residential premises occupied by citizens under social tenancy agreements.

2. Major home renovation– repair, in which worn-out structures and parts are replaced or replaced with stronger and more economical ones that improve the operational capabilities of the objects being repaired, with the exception of the complete replacement of the main structures, the service life of which in a given object is the longest (stone and concrete foundations of buildings and structures, all types of walls of buildings and structures, pipes of underground networks, bridge supports, etc.);

2) before 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.

Claims against these residential premises are being applied to:

– if this premises was acquired using 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 were pledged to ensure repayment of the loan or targeted loan. A bank loan is a loan provided in cash on the terms of repayment and, as a rule, payment;

– if at the time of foreclosure such residential premises are the only ones for these citizens;

3) before completing settlements with citizens:

- the only residential premises that became unsuitable for living as a result of emergency circumstances, in the manner prescribed by the Housing Code of the Russian Federation and other federal laws. Emergency circumstances are circumstances that have arisen in a certain territory as a result of an accident, a dangerous natural phenomenon, a catastrophe, a natural or other disaster that may result or have resulted in human casualties, damage to human health or the environment, significant material losses and disruption of living conditions of people;

- before providing them with residential premises of the state or municipal housing stock in cases and in the manner provided for by the Housing Code of the Russian Federation. When concluding such an agreement with citizens whose only residential premises have become uninhabitable as a result of emergency circumstances;

4) established by law. Citizens who have received residential premises in a house of a flexible fund for other reasons (Part 4 of Article 95 of the Housing Code of the Russian Federation) use it for the period established by the normative act that provided for the right to receive such housing.

3. The basis for termination of a rental agreement for residential premises of a mobile stock is the expiration of the period for which this agreement was concluded.

The procedure and conditions for the provision of residential premises in houses of the social service system for the population and the use of such residential premises are established by federal legislation and the legislation of the constituent entities of the Russian Federation.


Federal legislation and the legislation of the constituent entities of the Russian Federation establishes the procedure and conditions for the provision of residential premises in houses of the social service system for the population and the use of such residential premises.

Thus, Federal Law No. 122-FZ of August 2, 1995 “On Social Services for Elderly Citizens and Disabled Persons” determines the procedure and conditions for the provision of residential premises in houses of the social service system for the population and the use of such residential premises.

Inpatient social services include measures to create services for elderly citizens and people with disabilities that are most adequate for their age and state of health. It's about:

– about living conditions;

– on rehabilitation measures of a medical, social and medical-labor nature.

Rehabilitation measures of a medical nature are measures aimed at restoring health;

– about providing care and medical assistance. The provision of medical care for elderly citizens and disabled people is used to protect their health.

– about the organization of their rest and leisure.

The procedure for providing residential premises to funds for the temporary settlement of forced migrants and persons recognized as refugees is established by federal laws.


1. Federal laws determine the procedure for providing residential premises to funds for temporary settlement of forced migrants and persons recognized as refugees.

Pending the adoption of new federal laws, the Regulations on the housing arrangement of forced migrants, approved by Decree of the Government of the Russian Federation of November 8, 2000 No. 845, as well as Decree of the Government of the Russian Federation of April 9, 2001 No. 275, “On the housing stock for temporary settlement of persons recognized as refugees and its use,” are in effect. "

2. Forced migrant– a citizen of the Russian Federation who left his place of residence as a result of violence or other forms of persecution committed against him or his family members, or due to a real danger of being persecuted on the basis of race or nationality, religion, language, as well as on the basis of membership in a particular social group or political convictions that became reasons for conducting hostile campaigns against a specific person or group of people, mass violations of public order.

A forced migrant has the right to independently choose a place of residence on the territory of the Russian Federation, to live in the established manner with relatives or other persons, subject to their consent, regardless of the size of the living space occupied by relatives or other persons

The housing stock for temporary settlement of forced migrants is a set of residential premises (residential buildings, apartments, dormitories and other residential premises) intended for temporary residence on the territory of the Russian Federation of persons recognized in the prescribed manner as forced migrants, during the period of validity of the forced migrant status.

3. The formation of a housing stock for temporary settlement is carried out at the expense of federal budget funds allocated for the implementation of the Federal Migration Program approved by Decree of the President of the Russian Federation of August 9, 1994 No. 1668, as well as funds received from other legal sources.

Residential premises for temporary settlement are provided to families of internally displaced persons in the following cases:

a) in the absence of the possibility of independently determining their new place of residence on the territory of the Russian Federation;

b) if none of the family members has residential premises provided under a rental agreement;

c) if none of the family members owns the residential premises.

4. Financing of the construction (purchase) of housing for permanent residence of forced migrants is carried out from the federal budget, budgets of constituent entities of the Russian Federation, local budgets, as well as on a shared basis with the participation of personal funds of forced migrants and funds from other legal sources.

The housing fund for temporary settlement of persons recognized as refugees is a set of residential premises, including residential houses, apartments, dormitories and other residential premises intended for temporary residence on the territory of the Russian Federation of persons recognized as refugees and members of their families during the period of their recognition refugees.

The provision of residential premises for the social protection of certain categories of citizens under gratuitous use agreements is carried out in the manner and on the conditions established by federal legislation and the legislation of the constituent entities of the Russian Federation.


1. Federal legislation and the legislation of the constituent entities of the Russian Federation determine the procedure for the provision of residential premises for the social protection of certain categories of citizens under gratuitous use agreements.

The main feature of the use of residential premises by citizens in need of special social protection is that it is free of charge. After all, this housing is provided to persons who find themselves in a difficult life situation (a situation that objectively disrupts the life of a citizen (disability, inability to self-care due to old age, illness, orphanhood, neglect, poverty, unemployment, lack of a specific place of residence, conflicts and abuse in the family, loneliness, etc.), which they cannot overcome on their own, naturally, the opportunity to use free housing becomes for them one of the main conditions for survival and return to a normal, full life.

2. Social services in inpatient social service institutions are carried out by providing social services to citizens who have partially or completely lost the ability to self-care and need constant outside care, and ensure the creation of living conditions appropriate to their age and health status, carrying out medical, psychological, and social activities , nutrition and care, as well as the organization of feasible work, rest and leisure.

Temporary shelter in a specialized social service institution is provided to orphans, children without parental care, neglected minors, children in difficult life situations, citizens without a fixed place of residence and specific occupation, citizens affected by physical or mental violence, natural disasters , as a result of armed and interethnic conflicts, to other social service clients in need of temporary shelter.

1. Residential premises of a specialized housing stock (hereinafter referred to as specialized residential premises) include:

1) service residential premises;

2) living quarters in dormitories;

3) residential premises of the maneuverable fund;

4) residential premises in houses of the social service system for citizens;

5) residential premises of the fund for temporary settlement of internally displaced persons;

6) residential premises of the fund for temporary settlement of persons recognized as refugees;

7) residential premises for social protection of certain categories of citizens;

8) residential premises for orphans and children without parental care, persons from among orphans and children without parental care.

2. Residential premises of state and municipal housing funds are used as specialized residential premises. The use of residential premises as specialized residential premises is permitted only after such premises have been classified as a specialized housing stock in compliance with the requirements and in the manner established by the federal executive body authorized by the Government of the Russian Federation, with the exception of cases established by federal laws. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of specialized residential premises and the exclusion of residential premises from the specified stock are carried out on the basis of decisions of the body that manages the state or municipal housing stock.

3. Specialized residential premises are not subject to alienation, transfer for rent, or lease, with the exception of the transfer of such premises under lease agreements provided for in this section.

Comments to Art. 92 Housing Code of the Russian Federation


1. The commented article provides a list of residential premises of specialized housing stock. As you can see, the residential premises in this fund are intended for the residence of various categories of citizens due to the fact that they do not have housing in this locality. They are moved in on various grounds, provided for by this section of the Housing Code of the Russian Federation, but all of them are intended for temporary residence of citizens.

The housing stock, which is classified as specialized, has a special regime for the use of residential premises.

2. Service residential premises are provided to citizens due to the nature of labor relations. Separate apartments are provided for office residential premises. As a residential premises of a specialized housing stock, it must be included in the number of official ones by an act of a state authority or local government body. The number of office premises includes vacant residential premises, i.e. not encumbered by the right of use. This is due to the fact that changing the legal regime for the use of residential premises is possible only with the consent of all parties to the agreement on the basis of which citizens use this premises. Premises encumbered with the right of use may be included in the number of official premises with the consent of citizens (tenants) living in it. The exclusion of premises from the list of official premises is also carried out on the basis of a decision of a state authority or local government body.

Service residential premises must be well-equipped in relation to the conditions of a given locality, and comply with established sanitary and technical rules and standards (see commentary to Article 15 of the Housing Code). At the same time, the legislation does not provide that office residential premises are provided within the limits of the housing provision norm.

3. Built or converted residential buildings are provided for use as a dormitory. Dormitories as a specialized housing stock are registered with the relevant state authority or local government. Only after registration can a residential building be used as a dormitory.

Living space in the dormitory is provided in an amount of at least 6 square meters. m of living space per person. Families should be provided with isolated living quarters.

4. The maneuver fund is formed by state authorities or local governments mainly for the temporary residence of citizens resettled in connection with the major repairs of a residential building, which cannot be carried out without the resettlement of the citizens living in it. Separate houses must be provided for the use of residential premises as flexible premises. It would be wrong to place residential premises in which citizens resettled due to major repairs temporarily live in houses where owners of residential premises and citizens live under social tenancy agreements.

5. Residential premises in specialized housing stock in houses of the social service system are provided by the body by whose decision they were created. Acceptance of a residential building of the social security system into operation is carried out by the state acceptance commission with the mandatory participation of representatives of social security authorities.

In the houses of the social service system, premises are allocated for the placement of premises for treatment and preventive purposes and other similar purposes.

Social protection authorities keep records of citizens to provide them with living quarters in social service houses. Citizens who are provided with such residential premises enter into a rental agreement for residential premises in the building of the social service system.

6. Residential premises for temporary settlement, in accordance with housing legislation, also refer to specialized residential premises.

According to the Regulations on the housing arrangement of forced migrants in the Russian Federation, approved by Decree of the Government of the Russian Federation of November 8, 2000 N 845, the housing stock for temporary settlement of forced migrants is a set of residential premises (residential buildings, apartments, dormitories and other residential premises) intended for temporary residence on the territory of the Russian Federation of persons recognized in the prescribed manner as forced migrants, during the period of validity of the forced migrant status (hereinafter referred to as the housing stock for temporary settlement, residential premises for temporary settlement).

The formation of such a housing stock is carried out taking into account the General Scheme of Settlement on the Territory of the Russian Federation and other urban planning documentation, as well as the need to regulate migration flows through the acquisition, construction or rental of residential premises.

The formation of a housing stock for temporary settlement is carried out at the expense of federal budget funds allocated for the implementation of the Federal Migration Program, as well as funds received from other legal sources.

Residential premises for temporary settlement, with the exception of rented ones, are federal property and are under the operational management of the relevant territorial body of the Ministry for Federation Affairs, National and Migration Policy of the Russian Federation.

Residential premises for temporary settlement are subject to registration in the federal property register.

7. Similar to the housing stock for internally displaced persons, a specialized housing stock is being formed for the temporary settlement of persons recognized as refugees. Its formation is carried out on the basis of the Regulations on the housing stock for temporary settlement of persons recognized as refugees and its use, approved by Decree of the Government of the Russian Federation of April 9, 2001 N 275.

8. A fund of specialized residential premises for the social protection of certain categories of citizens should be formed depending on which category of citizens needs such protection. But if you pay attention to the fact that these citizens do not need any social services, then, most likely, residential premises that do not have special requirements will be used for this type of housing stock.

9. By Decree of the Government of the Russian Federation of January 26, 2006 N 42, the Rules for classifying residential premises as a specialized housing stock were approved, which establish the procedure and requirements for classifying residential premises of state and municipal housing funds as a specialized housing stock. The assignment of residential premises to a specialized housing stock is not allowed if the residential premises are occupied under social tenancy agreements, rental of residential premises, state or municipally owned housing stock for commercial use, lease, and also if there are encumbrances on the rights to this property.

10. Specialized housing stock is created:

The Government of the Russian Federation - in public housing buildings owned by the Russian Federation;

By state authorities of the constituent entities of the Russian Federation - in public housing buildings owned by the constituent entities of the Federation;

Local government bodies - in municipal housing stock buildings.

The use of a residential premises as a specialized one is permitted after its registration with the above authorities as a specialized one. During registration, the compliance of a residential building with the requirements for this type of specialized housing stock is checked. If the requirements for residential buildings of a specialized housing stock are not met, registration of residential buildings and residential premises is not carried out and, accordingly, residential premises cannot be used as specialized ones. Registration of a residential building as a specialized one must be certified by the issuance of a special document (registration certificate) by the relevant government authority or local government authority. The exclusion of premises from the specialized housing stock is carried out by the relevant government body or local government body.

11. The legislation of the Russian Federation has introduced restrictions on the use of residential premises of specialized housing stock. These premises are not subject to lease or commercial lease, or privatization. These restrictions are established for state authorities, local governments, as well as legal entities whose economic management or operational management is a specialized housing stock. Restrictions on the use of specialized residential premises are also established for tenants (see commentary to Article 100 of the Housing Code).

Residential premises of a specialized housing stock (specialized residential premises) include:

Service residential premises (Article 93 of the Housing Code of the Russian Federation);

Other premises in dormitories (Article 94 of the Housing Code of the Russian Federation);

Residential premises of the maneuverable fund (Article 95 of the Housing Code of the Russian Federation);

Residential premises in houses of the social service system for the population (Article 96 of the Housing Code of the Russian Federation);

Residential premises of the fund for temporary settlement of forced migrants and persons recognized as refugees (Article 97 of the Housing Code of the Russian Federation);

Residential premises for social protection of certain categories of citizens (Article 98 of the Housing Code of the Russian Federation).

Residential premises of state and municipal housing funds are used as specialized residential premises after such premises are classified as a specialized housing fund in compliance with the requirements and in the manner established by the Government of the Russian Federation. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a specific type and the exclusion of residential premises from the specified stock are carried out on the basis of decisions of the body that manages the state or municipal housing stock.

Specialized residential premises are not subject to alienation, transfer for rent, or rental, with the exception of the transfer of such premises under lease agreements provided for by the RF Housing Code (clause 3 of Article 92 of the RF Housing Code).

Service residential premises are intended for the residence of citizens in connection with:

The nature of their labor relations with a government body, local government body, state unitary enterprise, state or municipal institution;

Completion of service;

Appointment to a government position in the Russian Federation or a government position in a constituent entity of the Russian Federation;

Election to elective positions in state authorities or local government bodies.

Residential premises in dormitories are intended for temporary residence of citizens during the period of their work, service or training. Houses or parts of houses that are specially built or converted for these purposes are provided for dormitories. Living quarters in dormitories are equipped with furniture and other items necessary for citizens to live.

The residential premises of the maneuverable fund are intended for temporary residence:

Citizens in connection with major repairs or reconstruction of a house in which there are residential premises occupied by them under social tenancy agreements;

Citizens who have lost their residential premises as a result of foreclosure of these residential premises, which were acquired through a bank loan for the purchase of residential premises, and pledged as security for the repayment of the loan, if at the time of foreclosure such residential premises are the only ones for them;

Citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;

Other citizens in cases provided for by law.

Residential premises in houses of the social service system are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection with the provision of medical and social services.

Residential premises for the social protection of certain categories of citizens are intended for the residence of citizens who, in accordance with the law, are classified as citizens in need of special social protection. The categories of such citizens are established by federal legislation and the legislation of the constituent entities of the Russian Federation.