Social protection of the state is manifested in the support of weakly protected and needy citizens. In addition to cash benefits and material compensation, people who find themselves in a difficult or special situation may qualify for specialized housing. They are allocated apartments from a specialized housing stock - state or municipal real estate intended to provide housing for certain categories of citizens. Orphans, refugees, and people temporarily deprived of their homes are accommodated in a special housing stock.
If your home begins major renovations affecting residential premises, and the management company refuses to provide flexible housing that falls into the category of specialized housing stock, you will need qualified help. Contact a lawyer immediately and seek restoration of your housing rights.
Do you want to figure it out, but don’t have time to read the article? Lawyers will help
Entrust the task to professionals. Lawyers will complete the order at the cost you specify
41 lawyers on RTIGER.com can help with this issue
Solve the issue >
What it is?
Specialized housing stock is residential premises that are owned by the state and are intended for people in need. The use of housing from this fund, as well as everything related to its operation, is regulated by Article 19 of the Housing Code of the Russian Federation.
Housing from a specialized fund must meet the following requirements:
- Be suitable for habitation - have the necessary communications, the area must comply with standards, and sanitary and technical requirements are met.
- Housing must be officially located in a specialized fund.
- The owner is the state or municipality. Housing may also be on the balance sheet of individual departments.
Use of a residential premises as a specialized residential premises
As we indicated above, one of the features of housing classified as a special fund is that it belongs under ownership rights either to the state or to the municipality. However, before it becomes possible to operate a residential building as a specialized one, any real estate must be classified as this category of houses. In this case, all conditions and legislative order of this procedure, enshrined in the Decrees of the Government of the Russian Federation, must be taken into account.
In particular, the classification or, conversely, removal of residential premises from the category of a specialized fund can only be carried out by an authorized state or municipal body. To do this, an official decision is made that fully complies with the legislative norms of law.
The operation of specialized residential premises occurs in strict compliance with their intended purpose. Such houses have a limited legal status, in other words, they are not subject to alienation, rental or commercial tenancy.
Author of the article
What does this fund include?
There are several types of housing that can be included in a specialized housing stock:
- Service apartments. The specifics of providing such housing are regulated by Article 93 of the RF Housing Code. It should be noted that, unlike other types of housing from the fund, here we are talking only about a separate apartment. Occupancy is carried out on the basis of a rental agreement, the lessor is the municipality or a separate department, and the renter is an employee of the enterprise. The duration of the employment agreement is determined by the employment agreement or contract. After its completion, if the employee stops working at the enterprise, the service apartment must be vacated. There is no right to privatize it.
- Dormitories – we are talking about a separate room in an apartment building. Allowable living space is at least 6 square meters per person. This housing format involves only a separate room, while the kitchen and bathroom are shared across the entire floor or several rooms. Just like in the case of a service apartment, check-in into a hostel is carried out on the basis of a rental agreement.
- Housing from the flexible fund - these can be apartments or separate rooms in a hostel, which are intended for temporary housing of people in the following cases: relocation from an emergency building, loss of housing due to an accident, weather disaster.
- Social housing - on the basis of Article 96 of the Housing Code of the Russian Federation, such housing is provided to people who find themselves in difficult life circumstances. These are social centers for assistance to mothers and children, shelters, night stay centers, nursing homes, and residential institutions for the disabled.
- For internally displaced persons or refugees, this can be either dorm rooms, houses or apartments. Housing from this fund is on the balance sheet of the Ministry of Internal Affairs, not the municipality.
- For children deprived of parental care, these are boarding institutions where children live and undergo education before they are taken into foster care or until they reach adulthood.
Types of premises of specialized housing stock
Residential premises of specialized housing stock include:
- service living quarters;
- residential premises in dormitories;
- residential premises of a flexible stock;
- residential premises in social service houses for citizens;
- residential premises for temporary settlement of internally displaced persons;
- living quarters for temporary settlement of refugees;
- residential premises for social protection of certain categories of citizens;
- residential premises for orphans and children left without parental care.
Residential premises can be classified as a specialized housing stock only by order of either the federal executive body (for public housing) or the local government body (for municipal housing). But if residential premises are assigned to ministries and departments, then the procedure for including such premises in a specialized housing stock may also be regulated by regulations of these ministries and departments.
Housing classified as a specialized housing stock can be used for its intended purpose only after a decision by the relevant authority. Such residential premises must be suitable for citizens to live in and be well equipped.
At the same time, a residential premises cannot be classified as a specialized housing stock if it is occupied under a social tenancy agreement, a rental agreement for housing, a state or municipally owned housing stock for commercial use, a lease agreement, and also, the premises have an encumbrance of rights.
How to get such housing?
It should be understood that any housing from a special fund is temporary, it is impossible to privatize it in the future and become a full owner. But, if there is a need for a temporary place of residence, you need to contact the municipality, submit an application and a package of documents, after which the person in need will be put on a waiting list.
In order to obtain social housing, you must provide proof of need to the municipality. The list of requirements is listed in Article 51 of the RF Housing Code and can be documented by the following:
- Employment contract.
- Certificate of reconstruction of housing or recognition of it as unsafe.
- Refugee or forced migrant certificate.
You also need to confirm your status as a low-income person; for this you contact the social protection authority.
After the documents are submitted and accepted for consideration, the person in need is put on a waiting list for temporary housing. After selecting an option, a rental agreement is concluded.
The concept of SJF
Specialized is the housing stock, which is designed to accommodate the categories of citizens established by law..
The owner of the SHF premises can be a municipality or the state. Citizens move into housing belonging to this category, subject to signing a social tenancy agreement.
The list of premises classified as SZhF has changed several times . Which premises are classified as specialized housing in 2021? Let us further consider all types of SHF housing designated in the latest edition of the Housing Code.
Office premises
Citizens working in government agencies, as well as in local governments and at various state enterprises are accommodated in official housing.
Citizens who have taken their jobs by appointment or through an election procedure can apply for official housing.
How is service housing provided and released? The procedure for providing residential premises of a specialized housing stock is regulated by federal laws and other regulations.
For example, in the case of military personnel, the decisive factor is Federal Law No. 76 “On the Status of Military Personnel,” according to which contract employees who arrive at the place of service with their family must receive official housing within 3 months.
Service apartments for military personnel belong to the specialized housing stock of the Ministry of Defense and are provided to applicants for the entire period of military service.
The following categories of military personnel are provided with such housing:
- Military personnel who received the rank of officer upon graduation from a specialized educational institution.
- Officers called up for service by decree of the President of the Russian Federation, as well as officers who entered into the first contract for military service after January 1, 1998, and members of their families.
- Soldiers and sailors, sergeants and foremen, warrant officers and midshipmen who are citizens of the Russian Federation and entered service under a contract after January 1, 1998, as well as members of their families.
- military personnel are citizens of the Russian Federation serving under contract in closed military camps, as well as members of their families.
This list of military personnel is exhaustive, i.e. does not apply to all Russian military personnel.
Conscripts (they are accommodated in barracks), cadets and students of military schools who do not have officer ranks (they are accommodated in barracks or dormitories), discharged military personnel who are in the reserve or retired ( they are provided with permanent housing or housing certificates), military personnel - foreigners and those who are provided with permanent housing at the place of military service.
Dorms
This type of specialized housing stock is designed to accommodate pupils, students, workers and other people who arrived in another city for the purpose of study or employment. Young families and single people can live in the dormitories.
Maneuver Fund
This type of SHF housing is necessary for temporary accommodation of citizens in a number of cases, for example:
- during reconstruction or major repairs of a house;
- in case of loss of living space due to debt collection.
Only those citizens whose only housing has been taken away or has become unsuitable can count on accommodation in SZhF apartments.
Houses intended for social protection of citizens
Such housing is provided to the elderly, disabled and orphans . The specialized housing stock for orphans includes boarding houses, as well as comfortable apartments that are provided to orphans who have left the boarding school (Federal Law No. 159 of December 21, 1996, Article 92 of the Housing Code of the Russian Federation).
By providing these categories of citizens with housing, the state provides social support to the disabled, lonely old people and children left without parental care.
SHF premises are provided only to those orphans who are not tenants or owners of any housing.
Apartments are allocated for use when children reach the age of majority, as well as until they reach adulthood if they have full legal capacity before reaching 18 years of age.
After the expiration of the 5-year period, the apartment transferred to an orphan or a child left without parental care is excluded from the special fund and transferred to him on social rent terms. This category of citizens carries out further maintenance of housing independently.
Housing for refugees and displaced persons
Citizens who were forced to leave their permanent place of residence have the right to be accommodated in the premises of a specialized housing stock. To do this, they need to obtain refugee or migrant status.
Unlike migrants, only citizens of other countries are recognized as refugees. But both housing is issued according to the same rules.
Houses of the social system
Residential premises of this type are intended for citizens who are recipients of social services and are recognized as in need of social services and special social protection.
Houses of the social service system include specially constructed or converted buildings equipped with the equipment necessary to ensure the life and safety of citizens. They provide special premises for carrying out medical, psychological and social activities, as well as feasible work activities.
The provision of residential premises for the social protection of certain categories of citizens is carried out under gratuitous use agreements (Article 96, Housing Code of the Russian Federation; clause 8, Rules No. 42).
Attribution rules
In accordance with Art. 92 of the Housing Code of the Russian Federation and Resolution No. 42 of the Government of the Russian Federation of January 26, 2006, in order for a specific residential premises to be included in a specialized housing stock, a corresponding order must be issued either by the federal executive body (if the housing is public) or by the local government body (if municipal housing).
Only after an order has been issued can housing be used for its intended purpose.
The classification of residential premises as a specialized housing stock is not allowed if:
- they are employed under social employment contracts;
- they are occupied under rental agreements for residential premises that are in state or municipal ownership of the housing stock for commercial use, lease;
- they have encumbrances.
The procedure for including residential premises in a specialized housing stock or excluding them from it may also be regulated by regulations of the ministries and departments to which these residential premises are assigned (clause 5 of the Procedure, approved by Order of the Ministry of Finance of Russia dated June 28, 2013 N 64n).
