Eviction from a municipal apartment with the provision of other housing

Many citizens in the Russian Federation live in municipal apartments, which are provided to them on the basis of an open-ended social tenancy agreement. This living space can be used by the responsible tenant and his relatives for life. However, we should not forget that such housing is not the property of the residents, but belongs to the state, and it has the right to initiate eviction from a municipal apartment.

You cannot lose municipal real estate without a reason, but if you fail to comply with the terms of the agreement and violate the legal norms set out in the Housing or Civil Code, you can.

Tenants of social premises may lose the right to live for reasons beyond their control, but in these cases the state always provides them with other living space.

Status of council housing

Municipal premises are those that belong to the state. It is on the balance sheet of municipalities and is provided by them for temporary use to citizens and their families. Social housing facilities are allocated to those people who are registered as needy; in order to obtain the right to live in such premises it is necessary to conclude a social tenancy agreement. The agreement implies that between the two parties - the tenant and the municipality - a mutual agreement is reached regarding the provision and use of property. The contract contains a number of conditions that the tenant undertakes to strictly fulfill, in particular, to pay for housing and communal services on time and to use the premises exclusively for their intended purpose.

Only those citizens who have been registered on its territory and included in the social tenancy agreement can live in a social-type apartment. Issues of registration in the premises are resolved exclusively with the approval of the municipality, if we are talking about citizens who are not a member of the family of the responsible tenant. You can register minor children without special permission.

There are other restrictions, for example, an apartment cannot be sold, donated or inherited. You can receive the entire set of powers only after privatization of the living space.

Innovations in 2021

In order to protect the rights of residents as much as possible, new amendments to the laws were adopted in 2021. Owners of emergency housing will have more options:

Preferential mortgage: to pay extra for better quality housing.
Choosing a developer for a new house into which people will be moved.
Purchasing housing on the secondary market using a certain certificate that will be issued as compensation, and so on. A detailed description of the new features and their features has not yet been provided. It is not a fact that even what is described above will be accepted.

When relocating residents from dilapidated buildings, many problems and violations often arise. As a rule, owners do not know their rights, which is actively exploited by many unscrupulous individuals. At a free consultation, experienced lawyers will tell you about the main nuances that you definitely need to know. They can also assist clients at all stages of relocation or receiving monetary compensation. Up to defending the client’s interests in court.

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Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Grounds for eviction

The procedure and reasons for eviction from municipal housing are regulated by the legislative norms of the Russian Federation, in particular, they are set out in the Housing Code. There are two types of eviction:

With the provision of other premises.
No provision.

If it is necessary to evict one or more people without providing them with other living space, then termination of the contractual relationship is implied. The reason for this may be a violation of the terms of the contract or the law. There are several reasons for forced termination of residence in a social apartment:

Availability of utility bills. Usually attention is paid to those residents who have not paid for services for six months or more.
Causing material damage to the allocated premises by the tenant himself or other persons for whose actions he is responsible. This item may also include unplanned reconstruction of the area, as well as maintaining housing in unsanitary conditions, mismanagement of property, as a result of which it is destroyed and damaged.
Violation of the rights of other citizens who live in the neighborhood. Only systematic actions are taken into account, not individual incidents.
Use of living space for purposes other than its intended purpose. Municipal property is allocated to citizens exclusively for residence. It is prohibited to organize a warehouse, production or rent it out there.

A resident can be evicted even if he fully complied with the requirements of the contract and the housing complex, but we will be talking about relocation from one premises to another, and not a complete cessation of further cooperation.

Housing is provided in the following cases:

The house is being demolished.
The living space was declared unfit for habitation.
A residential property is converted to non-residential.
The land on which the house stood is seized by the authorities for other needs.
As a result of major repairs or reconstruction, the living space has suffered or decreased in size.

All these cases are united by one fact - the employer’s guilt in the current circumstances cannot be traced.

House demolition

The constant expansion and reconstruction of existing residential areas means that some of the objects are gradually demolished. House demolition can be caused by various reasons. Most often, the reason is its complete physical wear and tear, as a result of which the building can collapse and harm the living citizens. There are other reasons for destroying buildings, for example, their obsolescence. A striking example is the program for the demolition of communal buildings that do not meet modern construction standards and do not provide people with a decent standard of living.

Buildings are demolished in accordance with an approved plan and residents are often rehoused much earlier. If a house is being prepared for demolition, then all citizens registered in it must be provided with real estate. In this case, there may be no talk of a significant improvement in conditions, so the process should not be left to chance. Unfortunately, replacing premises may imply a radical change of area; the residents themselves cannot influence this in any way.

Recognition of housing as unsuitable

Government Decree No. 47 of January 28, 2006 regulates the rules for recognizing buildings as unsuitable or subject to demolition. Section No. 3 of this Regulation provides a list of grounds that make it possible to recognize a building as unsuitable for further habitation. These include the following points:

Harmful factors that negatively affect human life and health have been identified.
Physical wear and tear during operation, and we can talk about the entire building or its individual parts.
The permissible level of strength and reliability of the building structure and/or foundation has been reduced.
Sanitary requirements and hygiene standards have been violated due to changes in the environment and indoor microclimate. Air quality, radiation levels, noise, vibration, and electromagnetic fields are taken into account.
The house is made of wooden building materials and has structural deformations or biological damage.
There is an enterprise operating near a residential building that violates environmentally acceptable standards for vital indicators. This can be not only an enterprise, but also a landfill, cemetery, etc.
The location of the building is considered dangerous due to the possibility of mudflows, landslides, avalanches, or may be subject to flooding during floods.
The building is located near overhead power lines, if they create an increased electric field strength, we are talking about industrial frequencies above 50 Hz.
Premises located in buildings damaged by explosions, accidents, fires, floods, floods and other phenomena.

Each case is considered separately, and the decisions of special commissions and expert opinions are taken into account when making a final decision.

Seizure of a land plot

Confiscation of a land plot is extremely rare; it is an exception rather than a common practice.

This procedure is possible if it is necessary to place objects of federal or municipal significance in a given territory, if other options are not available.

Land may be confiscated due to construction on it:

Energy systems.
Nuclear energy facilities.
Defense enterprises.
Security objects.
Ways of communication, communication and computer science.
Transport routes.
Space objects.
Buildings and structures to protect the borders of the Russian Federation.
Gas, heat, electricity and water supply enterprises.

Many residents also face unauthorized release of land plots, but in any case, a single law applies - citizens must be provided with new housing.

Repair and reconstruction

Carrying out major repairs or reconstruction work does not allow residents to remain in their apartments during the repair. Local authorities are obliged to provide all people living in municipal apartments with other temporary housing from the flexible fund.

With such relocation, the social tenancy agreement is not terminated during this entire period. The problem of the repairs being carried out can be solved in another way. Local authorities have the right not to issue temporary premises, but to relocate families to another living space by concluding a new agreement with them. Full relocation is possible only on the condition that all residents give voluntary consent to this.

In some cases, there is no choice between temporary and permanent relocation. As a result of reconstruction, the living area may be reduced, which will reduce the number of apartments or the square footage in them.

Unilateral termination of a social tenancy agreement

The administrative regulations for the use of an apartment and other premises of the house also provide for unilateral termination of a social rental agreement, and such termination is possible by the free will of both parties. The only difference is that the employer can terminate the agreement, but he is not obliged to voice the reasons for such a decision.

As for the landlord, he can demand termination of a social rental agreement only in strictly defined cases and exclusively in court.

This inequality of the parties can be explained by the fact that the legislator wants to protect the legitimate interests of the employer to the maximum.

It is worth noting that a person who rents a house under a social tenancy agreement can terminate this agreement for the use of residential premises on his own initiative. In this case, the employer is not even obliged to notify the other party about this, as is enshrined in the regulations on commercial hiring. The landlord has the right to terminate the rental agreement only in a number of cases:

failure by the tenant to pay for the use of the apartment for six months;
destruction of the premises or its damage both by the tenant himself and by those persons for whose actions he is responsible;
constant violation of the legitimate interests of neighbors, as a result of which living within the same house becomes impossible;
in case of using an apartment or other part of the house for other purposes.

This list is considered exhaustive; in other cases, forced eviction is impossible.

Providing other accommodation

Municipal housing that is recognized as unsafe, subject to demolition, or resettlement from it is carried out for other reasons, must be replaced with an equivalent one. This procedure is enshrined in Articles 86 and 87 of the Housing Code of the Russian Federation. The law also provides clear recommendations that the living space provided should not only be of equal value, but also comfortable.

The state guarantees that not a single tenant of social housing will be left homeless, and the apartment issued is issued under the same conditions - under a social tenancy agreement.

Resettlement and resettlement programs are negotiated in advance; they imply a search for an optimal solution to the current situation. Residents are provided with other premises, and before the building is actually demolished or reconstructed. Citizens should not worry about where to move or where to look for temporary shelter.

Premises requirements

In real life, relocation is often associated with a huge number of disputes and conflicts. This may be due to the fact that, in the opinion of those resettled, they are being offered an unequal exchange. It is not difficult to determine the legality of the procedure; you should refer to the articles of the Housing Code, which sets out all the requirements for premises that are provided to replace existing ones. Local authorities should take into account the following nuances:

The location of the building is strictly limited; it is impossible to move a person from one locality to another.
Apartments or houses must be landscaped, which this concept includes, let’s look at it in more detail.

Don't forget about the total area of the room. Article 89 of the Housing Code of the Russian Federation stipulates that when replacing living space, this factor should be taken into account and not reduce its initial indicators. If a house where the tenant had a separate apartment is demolished, then he will be provided with housing with the same square footage, but the number of rooms may differ from the original one. When moving out of a communal apartment, you should focus on the number of rooms, not their area. The room can be replaced with a room or a one-room apartment can be provided.

Location

According to legal regulations, the tenant must be relocated within the same locality.

It would seem that everything is clear and everyone is happy, but in fact, even this point often becomes a stumbling block for the parties. A municipal apartment located in a small town can be safely replaced with a similar one in any part of it. But if the city occupies a large area and has several districts, then such a move can destroy the life that has been established over the years.

It so happens that a person tries to build his entire life at arm's length. The workplace can be located anywhere, but schools, kindergartens, clinics are all extremely important facilities that should be within walking distance. When moving to another area, parents will have to change schools, kindergartens, register with other departments of clinics, and sometimes even change jobs, all together this can seriously reduce the already unstable standard of living.

livability

The Housing Code places special emphasis on the fact that the premises issued in exchange must be equipped with amenities. This concept, first of all, means that the new living space cannot be worse than the previous one in any respect, and in some cases it is significantly better.

The apartments issued must have:

Communal amenities - electricity, cold and hot water, sewerage, central heating.
Have a separate kitchen and bathroom, if we are talking about separate apartments.
Meet current sanitary standards and requirements.
Ensure vital processes without causing harm to health.

When providing municipal housing in rural areas, these criteria may be lowered, and some amenities may simply be absent for objective reasons.

What do owners receive when moving out of emergency housing and under what conditions?

When moving out of emergency housing, the owners will be given an apartment that will somehow correspond to the one they lost. However, this is far from the only option. Let's consider all available methods of compensation.

Equivalent Housing

If a house is demolished, the most profitable compensation option would be to receive equivalent housing. It will be approximately the same apartment as the one lost in terms of area and number of rooms. This option will be profitable for the simple reason that even if you don’t like the apartment, it can be sold at a profit.

The sale of housing received under the resettlement program does not involve the payment of taxes.

In practice, equivalent housing is almost always approximately the same in total area, but smaller in living area. However, this is not a mandatory rule and a lot depends on the region of residence, the new home, the honesty of the local administration, and so on.

Area of equivalent housing

Many residents are interested in how much space they can count on. According to general rules, the administration is usually tied to the total area of the lost apartment.

Example: Let’s assume that people had an apartment with a total area of 50 sq.m. in a dilapidated building. This means that upon resettlement, they will receive an apartment with a total area of at least 50 sq.m. It will also be equivalent in terms of the number of rooms, but not necessarily in terms of living space.

There is an opinion that the area should also be tied to the number of residents. For example, not less than 18 sq.m. for 1 person. However, this rule is not always observed. It is not in the interests of the administration of a locality to improve the living conditions of resettled persons (at least not for free).

Equal Housing

The administration can provide not an equivalent apartment, but an equivalent one in return for a lost apartment. This means that old housing will be assessed and a new apartment will be provided based not on area, but on cost. This is not a profitable option.

As practice has proven, an apartment in disrepair is assessed according to the lowest market indicator. Thus, the owner can only lose in value. Moreover, the assessment is not affected by the equipment in the apartment, the view from the window, transport accessibility, repairs made, and so on. As a result, an extremely low market value is established.

Example: The average price per square meter of an apartment in approximately the area where the emergency building is located is 200 thousand rubles. However, when assessing apartments in a dilapidated building, the cost will be significantly reduced. It can be less by 20-30% or by 50%.

Cash payment

Third option: if the house is in disrepair and the accommodation options (proposed apartments) are not suitable for the residents, they may demand monetary compensation. This is also an unprofitable option, since the assessment is carried out according to the same principles as described above. As a result, owners can receive an amount significantly less than on the market.

It is much easier and more profitable to get an equivalent apartment and sell it immediately; fortunately, you do not need to pay tax.

Social housing

If municipal housing in which people lived on the basis of a social rental agreement is recognized as unsafe, they do not have the opportunity to choose - they will only be given a similar (equivalent) apartment in which these persons will receive the right to live on the basis of a new social rental agreement. Such people are not entitled to compensation.

If a dilapidated building is in very poor condition and could collapse at any minute, then all residents will be urgently evicted to some kind of social housing. There they will receive the right to temporary residence until a house is ready into which they can move. As practice proves, such temporary housing is extremely inconvenient and uncomfortable, but this is not a reason to grab the first thing that is offered. It is always worth waiting until the proposed apartment suits at least the basic parameters.

Eviction

After a decision is made on the resettlement of a particular object, it is decided at the municipal level who and where to resettle. Lists of all residents are compiled, the square footage of living space is calculated in each individual case, and options are selected. This procedure takes a lot of time, sometimes from several months to a year. All relocating residents must be notified in writing of the upcoming move. In some cases, they are offered a choice of alternative options. If the amount of other living space is limited, then there may be no choice.

A certain amount of time is allotted for making a decision, which is specified in the relocation notice. Citizens have the right to refuse what is offered and solve the housing problem on their own. If this option is not suitable, then they have the right to agree with the conditions set or not to agree. Based on the response received, eviction will be carried out:

On a voluntary basis.
Forcibly.

The choice of option is left to the citizens living in the municipal apartment.

Voluntarily

As practice shows, most citizens willingly move voluntarily. Old houses do not meet modern construction and sanitary standards, so living in them is quite uncomfortable. In addition, many people wait for relocation for years and happily pack their bags at the first opportunity.

The voluntary procedure also allows you to assert your rights if they have been violated.

For example, a family may not agree to an allocated apartment and demand another premises. In any case, this procedure implies that the residents themselves organize their move to a new living space after signing a social tenancy agreement.

In forced

The moving process can be deliberately delayed by residents. Some are not satisfied with the proposed alternative, others are in favor of the idea, while others are simply too lazy to deal with these issues. If intractable citizens do not agree to leave the living space, local authorities go to court with a demand for a decision on forced eviction. After receiving a court order, a person is obliged to leave the territory, often 7-10 days are allotted for this. Failure to comply with a court decision allows you to involve bailiffs in the process, who have the right to:

Freely enter the living space of a citizen who does not comply with the provisions of the resolution, since it is no longer considered his temporary property.
Involve law enforcement agencies.
Forcibly expel a person from the premises.

The bailiffs record all their actions in the act of execution of the court decision.

What to do if none of the options are suitable

If none of the proposed apartment options are suitable, the monetary compensation, from the owner’s point of view, is very small, and so on - then it makes sense to wait until the last minute. If you agree to resettlement, then it will be impossible to “rewind” back.

However, the wait must also be within a reasonable time frame. If the administration categorically refuses to admit that the proposed housing is not of equal value, that the assessment of the apartment is not adequate, or that the compensation is clearly insufficient, then it is necessary to go to court.

To apply, you first need to stock up on serious arguments and evidence that you are right. If, for example, the proposed apartment corresponds in size and number of rooms to the emergency one, but the view from the window is not so beautiful, the court will not be interested in this. But if the area is really less than needed, this can already be proven.

The situation is approximately the same with the appraisal of an apartment. You can try to order an assessment report from an independent company and try to sue based on it. However, firstly, it costs money, and secondly, it is not a fact that the court will take into account a third-party report.

Filing a lawsuit

Forced eviction is possible only if there is a court decision on its expediency. To obtain a resolution, the municipality files a claim in court.

The statement of claim is drawn up taking into account the norms of the Code of Civil Procedure of the Russian Federation. It must indicate what the essence of the conflict is, express factual claims and specific grounds for making a decision to evict. The document must be supported by evidence, which is presented in the form of forms, acts, contracts, notifications and other official papers.

The plaintiff files a claim in the district court at the location of the residential premises that are subject to resettlement.

Arbitrage practice

The Lomonosovsky District Court of Arkhangelsk considered a claim from the local administration against three citizens at once who did not want to move to another living space.

The essence of the conflict was that the administration was implementing the adopted legislative act, which obligated the resettlement of houses declared unsuitable before the beginning of 2012. A family of three people was offered a different living space, measuring 41.66 m2, instead of 36 m2. Despite all the notifications, the residents made no attempt to move.

When considering the case, the court found that the city administration could not provide documentary evidence of the fact that the new residential premises actually belonged to them, and were also free from other persons. This aspect does not allow us to confirm that the defendants were offered housing, and they will be able to enter into a new social rental agreement. On this basis, the court rejected the claim of the city administration.

Decision of December 29, 2021 in case No. 2-4024/2017

Look

Supplement for better housing

Residents are not always happy with the apartments they are moved into. Problems may include insufficient living space, different layout, view from the window, and so on. However, the administration is usually not interested in such parameters. If the total area matches, then the apartment is equivalent. Claims will not be accepted.

In such a situation, you can agree to another apartment, larger in area, but with an additional payment. The additional payment will be made at almost the full market price (with a small discount of 10%), and then only until the housing area exceeds 100 sq.m. If the area is larger, then even such a discount is not used.

However, despite such an additional payment, it may still be more profitable than moving into the proposed housing.