When is additional living space available for disabled people?

The Housing Code provides a definition: the total area of ​​a residential premises is the sum of the areas of all parts of the residential premises.

This concept includes not only the size of the rooms, but also the auxiliary premises (kitchen, bathroom, pantry, built-in wardrobes).
It is noteworthy that the following elements are not taken into account

• balconies,
• loggias,
• terraces,
• verandas.

Note that the areas of balconies, terraces, loggias and verandas are considered for the purpose of determining the estimated cost of the apartment , and with reduction factors that are set as follows: for cold storage rooms and verandas - one, for loggias - 0.5, for terraces and balconies - 0 ,3.

What is this - a social norm for housing space? Rules for the provision of residential premises and subsidies

The provision of residential premises can only be carried out to those citizens who are registered as those who need to improve their living conditions. Housing is provided to them on a first-come, first-served basis, i.e. The sooner you submit the appropriate application, the faster a person will receive their own housing.

1. If a person is the only person living in an apartment, then he has the right to count on living space, the size of which will be at least 33 m2.
2. If a family consists, for example, of a husband and his wife, then they must be provided with housing with an area of ​​42 m2.
3. If a child appears in a family, i.e. the number of people increases to three, then each family member has the right to count on 18 m2.

Why do we need a minimum area of ​​a residential building?

The area of ​​living space appears in almost all documents for housing : in the certificate of ownership and technical passport. If it changes due to redevelopment, for example, it is necessary to order new documents with the correct data. You can clarify the procedure with real estate specialists.

The accounting standard for housing is the minimum area of ​​a residential building. This size is established by local governments of each subject of the Russian Federation and is different for different cities, but it is needed in order to assess the level of need for housing and make a decision on registering a particular family, for example, for Yekaterinburg the norm is 10 m2.

When calculating the minimum area, the total area of ​​the housing, which was mentioned above, is taken into account. If members of the same family are registered in different apartments, then the size of the area per person is calculated according to his share in the property.

For example, a husband is registered in a communal apartment with a total area of ​​8 m2, and a wife with two children is registered in her parents’ apartment. It turns out that if the area of ​​the parents’ apartment is 40 m2, and 5 people are registered in it, then it also turns out that the area per person is less than the accounting norm.

Social norm of space for disabled people

Additional square meters are allocated in the format of a separate room and only on the basis of the presence of a list of diseases approved in special Resolutions of the Government of the Russian Federation. Citizens who fall under the category of those in need can receive additional living space for comfortable living in the amount of 15 square meters.

Who has the right and according to what standard In 2022, the standard for the provision of residential premises under social agreements is the minimum number of square meters, depending on which the total size of housing provided under the relevant agreements is determined. The standards under consideration are always determined by competent representatives of municipal authorities, taking into account many factors.

How to get an apartment for a disabled person in 2022

Disabled people registered before 2022 receive the right to housing under a social tenancy agreement in order of priority. Federal Law-181 provides for these categories of people subsidies to pay for part of the housing upon purchase, but in reality such subsidies are provided in limited quantities and go only to disabled people during the Second World War.

In addition, when allocating an apartment, the characteristics of a person’s illness and doctors’ orders aimed at restoring his health are taken into account. Thus, housing for a disabled person is usually more spacious (since according to standards, more living space is required for a disabled person), the house can be located near a clinic or rehabilitation center. The place of residence of the disabled person’s relatives or guardians, as well as the nature of his illness, are taken into account.

How to get an apartment for a disabled child in 2021

• Persons who suffer from serious chronic diseases.
• Content:

• Norms of living space per person
• What is the standard living space per person?
• Acceptance for housing registration.
• Housing certificates for military personnel
• Housing subsidy calculator for military personnel for the 1st half of 2018
• Post navigation

Standards for living space per person Contents of the article:

• Rules for the provision of residential premises
• Sanitary and social standards
• What is an accounting standard?
• Where will the size of living space be taken into account?
• Who is entitled to additional meters?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Housing standard for disabled people

living space standards in the Leningrad region? Article 4. Standards for providing living space 1

.
Citizens and members of their families, unless otherwise established by this article, are provided with residential premises with an area calculated according to the following standards (paragraph as amended, entered into force on May 15, 2022 (the effect applies to legal relations arising from July 1, 2022) by the Leningrad Law region dated May 7, 2022 N 19-oz: a) 18 square meters of total area per family member of three or more people;
b) 42 square meters of total area for a family of two people; c) 33 square meters of total area per person .
2. Disabled people suffering from severe forms of chronic diseases provided for in the list approved by the Government of the Russian Federation may be provided with residential premises under social tenancy agreements with a total area exceeding the provision rate per person, but not more than twice
. 3. The clause has lost force since January 26, 2022 - Law of the Leningrad Region of December 29, 2022 N 89-oz..

Why don’t the authorities introduce accounting standards for housing for disabled participants of the Second World War? Decrees of the President of the Russian Federation for participants and disabled people of the Second World War and the Federal Law on Veterans, as amended

.
- because in each subject they are different
. hence the payments on Certificates. they also vary quite a lot.

Living space standard. Right to additional living space

Current legislation provides for the following types of housing standards:

Provision norm (provision norm for living space under a social tenancy agreement);

Registration norm (norm for registration as those in need of improved housing conditions);

Social norm (social norm standard for calculating compensation for housing and utilities).

The standard for providing residential area is the minimum size of residential area, on the basis of which the size of the total area of ​​residential premises provided under a social tenancy agreement is determined. The provision rate is established by the local government depending on the achieved level of provision of residential premises and other factors. The size of the total area of ​​the apartment is determined as the sum of the areas of all premises of the apartment, including the area of ​​rooms and common areas in the apartment. Common areas of an apartment are auxiliary non-residential premises intended to serve only this apartment, including the kitchen, intra-apartment corridor, and other similar premises.

Citizens suffering from severe forms of certain chronic diseases and other categories of citizens are provided with additional space in the form of a separate room or 18 square meters. m of total area, unless otherwise provided by law.

When determining the size of the provided residential premises, residential premises (shares in the right to residential premises) in respect of which citizens and members of their families have an independent right to use, as well as civil transactions concluded by citizens and members of their families with the residential premises belonging to them are taken into account ( shares in the right to residential premises). In accordance with the Federal Law “On the Status of Military Personnel,” officers in the military ranks of colonel, equal or higher, commanders of military units and some other categories of military personnel have the right to an additional total living area of ​​at least 15 square meters. m and no more than 25 sq. m.

Peculiarities of using living quarters in communal apartments. Rules for transferring vacant premises

Current legislation defines a communal apartment as an apartment in which several families or individuals live, regardless of their family or other relationships. Each family or individual occupies one or more rooms and shares a common bathroom and kitchen.

Common property in a communal apartment is in the common shared ownership of the owners of the rooms in the communal apartment and represents premises in this apartment used to service more than one room (for example, a corridor, a kitchen, a bathroom).

By unanimous decision of all owners of rooms in a communal apartment, the size of the common property can be changed (increased or reduced). For example, a bathroom can be combined/separated, the kitchen can be enlarged due to the corridor, etc. However, such a change is possible only if there are technical capabilities for this and the project for the corresponding reconstruction and (or) redevelopment has been agreed upon with the local administration (district, city administration).

In case of unauthorized reconstruction and (or) unauthorized redevelopment, the apartment must be restored to its original condition within a reasonable time. Unfortunately, the law does not clarify what period should be considered reasonable. As a rule, such a period is set by the local administration body that sent the request to bring the apartment to its original condition.

Based on the fact that the owners of rooms in a communal apartment have common property in this apartment on the right of common shared ownership, their shares in the common property are not necessarily equal. For owners of living rooms in a communal apartment, shares in the common property are determined in proportion to the size of the total area of ​​the owner’s room.

In accordance with Art. 15 of the Housing Code of the Russian Federation, the total area of ​​a residential premises consists of the sum of the areas of all parts of such premises, including the area of ​​auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.

The Civil Code of the Russian Federation allows that by agreement of all participants in shared ownership, a procedure for determining and changing their shares can be established depending on the contribution of each of them to the formation and growth of common property. In this regard, a participant in shared ownership - the owner of a room in a communal apartment, who has made inseparable improvements to this property at his own expense in compliance with the established procedure for the use of common property, has the right to a corresponding increase in his share in the right to common property. However, if the established procedure for the use of common property is not followed (for example, the consent of all co-owners was not obtained to make improvements to the property, but such consent was required), then such a participant in shared ownership does not have the right to increase his share.

In the event that the owner of a room in a communal apartment alienates his room to another person (sells, donates, exchanges, etc.), not only the ownership of the specified room passes to the new owner (acquirer), but also the ownership of the room that belonged to the previous owner share in the right of common ownership of common property in a communal apartment. In this case, the share of the new owner in the right of common ownership will be equal to the share of the previous owner.

How many square meters of living space are allowed per person?

These are citizens who live in apartments that do not comply with current standards. The norm is set by municipalities. They necessarily take into account the actual condition and current structure of the housing stock

. The same applies to the number of premises that can be included in the housing stock to increase it.

In each region, this norm has a certain size , which is determined individually. The accounting norm can be changed for specific groups of citizens, including military personnel and disabled people

. But a decrease or increase in the accounting rate occurs only on the basis of a Federal Act. Important documents for this are the laws of the subjects themselves, or decrees of the President of the Russian Federation.

When is additional living space available for disabled people?

As part of the program for improving living conditions, the fact that disabled people who permanently reside in inpatient medical institutions is subject to registration to improve conditions, regardless of the size of the area. They are provided with the same benefits as other categories of disabled people.

The accounting standard for residential premises can be considered the minimum size of living space. Its size cannot be higher than the provision rate determined at the local level

. Such criteria are applied only to register citizens of the Russian Federation as a category in need.

The Constitutional Court clarified the right to receive housing out of turn for families with disabled children

The Constitutional Court adopted a ruling in a case examining the constitutionality of the provisions of the Housing Code, which, according to the applicants, prevent the emergency provision of residential premises under social rental conditions to a family with a disabled child.

Background

• The 33-year-old daughter of a resident of Astrakhan, citizen G., is a visually impaired person of group I. In 2011, she was declared legally incompetent, and in 2012, the applicant was appointed guardian. Since the same year, G.’s family has been registered as needing housing.
• In August 2013, the Kirovsky District Court of Astrakhan granted the prosecutor’s claim to provide the family with comfortable housing out of turn, taking into account additional living space provided for people with disabilities.
• In October of the same year, the Astrakhan Regional Court overturned the decision of the first instance and adopted a new one, according to which local authorities must provide social housing only to a disabled daughter.
• In 2021, after the Constitutional Court adopted a similar resolution, citizen G. appealed the previous court decisions, but she was denied. The courts have indicated that the parents of a disabled person do not have an independent right to receive social housing.
• In 2021, the Astrakhan Regional Court refused to transfer the cassation appeal, noting that registration after January 1, 2005 excludes her family from the right to apply for residential premises, taking into account additional living space.
• The Supreme Court also refused to consider G.'s family's appeal.
• As a result, G. appealed to the Constitutional Court with a request to check Art. 57 of the Housing Code, since this article limits the rights of guardians, which, according to the applicant, is unconstitutional.

Position of the Constitutional Court

The Constitutional Court sided with the applicant and her disabled daughter, but at the same time pointed out the constitutionality of the disputed norm. In its decision, the Constitutional Court once again recalled that the state is obliged to provide support to people with disabilities.

The resolution explains that the Housing Code and the law on social protection of persons with disabilities provide for the priority provision of housing to a citizen suffering from a severe form of a chronic disease, recognized as incompetent and in need of constant care, including a disabled person, taking into account the area sufficient to provide care. In exceptional cases, it is possible to provide housing to both an incapacitated citizen and his guardian under one social tenancy agreement.

The decisions in the case of the applicant and her daughter are subject to review, the Constitutional Court ruled.

• Pravo.ru

Housing and communal services issues

I have been a disabled person of group 2 since October 20, 2011, which is confirmed by certificates (Appendix 1). In connection with paragraph g) of Art. 6 entered into force on March 7, 2014

. Resolution of the Government of the Russian Federation dated February 25, 2014 No. 136 “On amendments to certain acts of the Government of the Russian Federation on the establishment and application of social norms for the consumption of electrical energy (power)”, I ASK:

It turns out that from April 1, 2022, the volume of electricity paid according to the social norm for families that include disabled people and disabled children, for large families and families with children left without parental care, increases 1.5 times. In addition, for these categories of families, in the first year after the start of application of the social norm for electricity, all consumed electricity is paid according to the social norm

. Previously, this provision applied only to pensioners living alone.

Housing for disabled people

• Payments for rental and maintenance of housing, including payments for current repairs and maintenance in accordance with the rules for managing apartment buildings;
• Payments for water supply, heat supply, elevator;
• electricity benefits are also provided for disabled people of groups 1, 2 and 3;
• payments for garbage removal, for wastewater disposal and for routine repairs of common areas in apartment buildings;
• benefits for major repairs for disabled people of groups 1, 2 and 3 in the form of compensation for the contribution for repairs.

Guarantees for the provision of living quarters for disabled people are laid down in Article 17, Article 181 of the Law on Social Protection of Disabled People. According to this article, disabled people and families raising disabled children have the right to receive social housing. In addition to this law, a federal program for providing housing for disabled people has been developed.

Providing living space for people with disabilities in 2021

When providing residential property to families that include disabled children, a certain condition must be met that such persons do not have separate apartments that belong to them as property rights. As for the additional rules on provision, they are fully determined on the basis of the Federal Law on the Protection of Persons with Disabilities on the territory of the Russian Federation.

Disabled people can count on receiving apartments under standard social agreements with a total area exceeding the norm determined for one specific person, but not more than twice. This is only possible in cases where the citizen suffers from a serious illness.

The current list of such diseases is given in the special Decree of the Government of the Russian Federation No. 817 of December 21, 2004. Families raising children who are officially recognized as disabled based on medical reports can count on improved living conditions. You can be guided by the right to improve housing conditions and provide living space for disabled children by Article 17 of the Federal Law No. 181 of November 24, 1995

.
In this case, registration is necessary
.
Russian legislation provides that the acquisition of priority rights to housing for disabled children is available to those citizens who registered as such before January 1, 2005. Important!
People who apply for benefits before the specified period can count on receiving funds from funds established for this purpose, as well as housing . Many people are interested in the question of how to get an apartment for a disabled child after January 1, 2005.

• T90.9 Sequelae of unspecified head injury
• T91.1 Sequelae of spinal fracture
• T91.3 Sequelae of spinal cord injury
• Z99.3 Wheelchair dependence
• Z99.8 Dependence on other auxiliary machinery and devices

List of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment. If a family includes a patient suffering from a severe form of a chronic disease from this List, then the family, subject to the conditions stipulated by housing legislation, is recognized as in need of residential premises provided by social rental agreements; in this case, housing must be provided out of turn; the area of ​​the premises may exceed the provision per person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

24/7 legal advice by phone

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Guarantees for the provision of living quarters for disabled people are laid down in Article 17, Article 181 of the Law on Social Protection of Disabled People. According to this article, disabled people and families raising disabled children have the right to receive social housing.

. In addition to this law, a federal program for providing housing for disabled people has been developed.

General rules for providing housing

Social housing for people with disabilities is provided based on their state of health within the limits established by law, as well as those exceeding these standards, but not more than 2 times. Residential premises are provided under social rental agreements

. The law also provides for subsidies for disabled people of group 3 to purchase housing, preferential terms for paying for this housing, and they can also be equipped with special devices necessary for the life support and adaptation of disabled people.

Also, Article 17, Article 181 of the Federal Law answers the question of whether disabled people and disabled children located or living in social service organizations have the right to additional living space. Thus, they also retain the right to receive housing or improve their living conditions

. At the same time, if housing for social rent has already been provided, and the disabled person lives in social service organizations, then the right to own this living space is retained by the disabled person for six months. The released housing, which has special adaptations and was previously occupied by people with disabilities, is also transferred first and foremost to other people with disabilities in need.

Compensation payments and benefits

In addition to the provision of residential premises, rent compensation is provided to disabled people of groups 1, 2 and 3 in the amount of 50% of all payments.

The category of these boards includes:

• Payments for rental and maintenance of housing, including payments for current repairs and maintenance in accordance with the rules for managing apartment buildings;
• Payments for water supply, heat supply, elevator;
• electricity benefits are also provided for disabled people of groups 1, 2 and 3;
• payments for garbage removal, for wastewater disposal and for routine repairs of common areas in apartment buildings;
• benefits for major repairs for disabled people of groups 1, 2 and 3 in the form of compensation for the contribution for repairs.

Additionally, it should be noted that in addition to benefits for purchasing or providing residential space, tax benefits are provided to disabled people when selling an apartment. These social support measures should be provided to all disabled people, regardless of the type of housing, be it apartments in multi-apartment buildings or housing in the private sector. For disabled people living in private houses without central heating, benefits are provided in the form of compensation for the purchase of fuel and its delivery

. Next, we’ll look at how a disabled person can get on the waiting list for an apartment.

The procedure and features of obtaining social housing and benefits for people with disabilities

All disabled people, regardless of group, have the right to improved living conditions. There is also an answer to the question: are disabled people of group 2 entitled to housing benefits?

After receiving the status of a disabled person, the latter, in order to receive benefits and register as someone in need of housing or improved housing conditions, must provide data on his disability and supporting documents to the social protection authorities at the place of registration, since they are distributed and provided according to the territorial sign. Thus, when considering the question of where a disabled person should go to obtain housing according to the law, it should be said that his decision is within the competence of the social protection and social security authorities.

The issue of priority and how to get housing for a disabled person of group 1, and in general the moments of providing housing today, is divided according to time. Thus, it is customary to distinguish between disabled people registered before January 1, 2015 and after this period.

So, for those who registered before January 1, 2005:

• funds are issued for the purchase of housing;
• the right to receive housing for social rent is retained.

Those who joined the queue for subsidized housing for disabled people of group 1 after January 2005 are given housing in the order of priority, with the exception of cases where disability occurred due to severe forms of chronic diseases, as well as to disabled people suffering from similar diseases.

It is noteworthy that in the absence of available housing, a subsidy is provided for the purchase of housing for disabled people of group 2.

Criteria for recognizing disabled people and their families as needing housing

The full list of criteria under which disabled people and families with disabled people have the right to provide housing are listed in Government Resolution 901 of July 1996. Thus, when making decisions, government bodies are guided by the following criteria:

• the size of the living space available for the use of a disabled person and his family is below the established norm;
• housing does not meet the requirements of sanitary and technical standards;
• several families live in an apartment or house, which includes members with even more serious illnesses and diseases;
• a disabled person lives in an apartment with citizens with whom he is not related;
• benefits when purchasing housing for disabled people of group 3 are provided if they live in dormitories and communal apartments, and also live for a long time in apartments owned by other people.

These criteria are the most significant when deciding on the provision of housing and subsidies for its purchase for people with disabilities.

Documentation issue

Returning to the question of how a disabled person of group 2 can obtain an apartment or subsidies for its purchase, we cannot but touch upon the issues of preparing the necessary documentation.

From the social security authorities, you must take a sample application for housing for a disabled person, fill it out, and additionally attach the following documents:

• extracts from the house register;
• a copy of your personal bank account;
• a certificate or certificate confirming disability;
• document on individual rehabilitation or program.

Additionally, medical documents reflecting the causes of disability, the period of obtaining this status, and the results of medical social examinations are attached. Documents can be submitted by the disabled person himself, as well as by members of his family, guardians or trustees.

24.01.2022

by kassandra » Sun Oct 14, 2012 6:42 pm

Is there now a REAL opportunity to realize the right of a disabled person to additional living space under the Federal Law “On Social Protection of Disabled Persons”, Article 17, according to the list of chronic diseases dated December 21, 2004 No. 817? My situation: My family (me and my 15-year-old daughter, disabled since childhood) are on the waiting list and share ownership of a room of 18.3 m2. The child has a disease (for which there is a KEC certificate) included in the above list, namely: chronic renal failure (end stage) and a condition after transplantation, in our case it is a kidney. Now the city has offered us, under an exchange agreement, a 1-room apartment, 36, 2 m2, i.e.

.
we were denied the legal right to additional living space, motivating this literally by the fact that: “Since the Housing Code of the Russian Federation does not provide for the right of citizens to “additional space”, Decree of the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of chronic diseases giving disabled people ..” cannot be applied.” (there is a letter with a full answer) They explained that for additional. The area can only be calculated by a disabled person included in the list of chronic diseases of the Russian Federation dated June 16, 2006
.
N 378, specified in articles 51 and 58 of the Housing Code. In response to my remark that this was not legal, they grinned and advised me to go to court, noting that no one had yet managed to win it. Does it make sense to fight or calm down at the allocated minimum? kassandra Posts: 3
merichka » Sun Oct 14, 2012 8:29 pm

They like to hold back square meters there. The law on social protection says that,

Disabled people have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock

. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

And now what does this mean, at least as they explained to me.

The federal standard for social housing area is 18 square meters. meters of total housing area per family member of three or more people, 42 sq.

.
meters - for a family of two people, 33 sq. meters - for citizens living alone
.
A revision of this standard is not expected until 2010. A disabled person is given an area according to the list of diseases, and the square meters should not exceed more than 2 times
.
So what is the conclusion?
A person is entitled to 18 sq . meters + 2 times = at least 54 square meters must be provided to you!!!

I am in a wheelchair, they provided me with an area of ​​51.4 sq. m. meters is a special apartment

. I also heard a lot about what I’m not supposed to do and that there are no apartments. And I received a lot of unsubscribes.

YOU must read all the laws related to the area, including regulations and laws for people with disabilities, and continue to write and write statements to them, citing articles from the laws. They unsubscribe, I think you can safely go to court and, according to these laws, let the court give an opinion on what you have the right to.

My mother and I were also offered this option, and they also suggested putting a closet 36 meters away in the middle of the room and thus dividing the meters so that there would be a “sort of” separate space for the child and mother))) DO NOT believe them, look for ways and write higher structures!!

Messages
: 150

kassandra » Sun Oct 14, 2012 10:00 pm

merichka, unfortunately, with the new changes the law and Article 17 look a little different..

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention. Disabled people MAY be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for one person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the Government of the Russian Federation. Payment for residential premises (fee for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social rental agreement in excess of the norm for the provision of residential premises area is determined based on the occupied total area of ​​residential premises in a single amount, taking into account the benefits provided. Now this right is not taken into account when registering for improvement, but MAY BE taken into account when distributing..

It is not clear what should influence officials so that “maybe” turns into a legal right... And again, it is not clear how the Housing Code was able to repeal the provisions of the Federal Law?

Am I just being scammed or is this really the case, that’s what I want to find out.

kassandra
Posts: 3
inav » Mon Oct 15, 2012 7:11 pm

kassandra wrote: Does it make sense to fight or calm down at the allocated minimum?

My opinion is to settle for 36 squares. The child is minor and female.

Patience and strength to you.

inav
Posts: 1976

by kassandra » Tue Oct 16, 2012 8:41 am

Perhaps I will do so, the position “thanks to the party for this at least” with a characteristic arch of the back is the most popular in our country. But here the matter is different, now in St. Petersburg we are implementing a program to provide housing for people on the waiting list with disabled children. And this above-described response denying ALL disabled CHILDREN included in the list of diseases No. 817 the right to additional space under the Federal Law with the wording “...not subject to application” came from the Housing Committee at the request of the city ombudsman for children’s rights

.
I’m interested in how legal this is, since I know that in other cities (Moscow, for example) additional space is provided according to this list. Again, referring to the Housing Code, for some reason our officials stubbornly do not want to notice Part 3 of Article 50, namely: “Federal laws, decrees of the President of the Russian Federation, laws of the constituent entities of the Russian Federation, establishing the procedure for the provision of residential premises under social tenancy agreements specified in Part 3 of Article 49 of this Code for categories of citizens; other standards of provision may be established for these categories of citizens.” That is, in some cases (in particular, disabled people) the Housing Code directly refers to the norms and provisions of the Federal Law. or does this article not work either? As a result, it is not clear what it is: A purposeful scam by the state to give benefits without the right to apply or arbitrariness of local officials? Is there any legal practice on this issue? kassandra Posts: 3
svetlana54 » Thu Oct 17, 2013 11:16 am

Cassandra, can I see the full text of the response that was sent to you? I want to file a lawsuit because they don’t put us on the waiting list, and this deprives us of the right to all housing benefits. We would like to take the land to build a house, but since we are not recognized as needing to improve our living conditions, then we are not entitled to this either. But in the decree of 2006 we are talking about something completely different, we are talking about separating a patient

.
In general, we would rent out our beautiful apartment for a larger one, where my son and I could be allocated separate rooms and equipped with a separate shower and toilet for our son
. Therefore, all the replies from the administration, especially from St. Petersburg, are very interesting and important for me in preparing for this matter.

svetlana54 Posts: 3
galinaa » Thu Oct 17, 2013 6:38 pm

kassandra wrote: included in the list of diseases No. 817, in the right to additional space under the Federal Law with the wording “...not subject to application”

Yes it is. And they refer in explanations to the RF Housing Code.

.
like there’s no such thing... There are severe chronic
... they are 378...

galinaa Messages: 2280
Return to Lawyer

Decision of the Leninsky District Court

Representative of MPZHH by proxy R.G. did not recognize the application and submitted a written response, in which she explained that, in accordance with Art. 17 Federal Law of the Russian Federation “On social protection of disabled people in the Russian Federation” N 181-ФЗ dated November 24, 1995, disabled people and families with disabled children are given a discount of at least 50% on rent and utility bills

. Clause 9 of the Rules for Citizens to Pay for Housing and Utilities, approved by Decree of the Government of the Russian Federation No. 392 of July 30, 2004, determines the procedure for paying for housing within the social norm.

The court found that MPZHH provides a discount to disabled people and families with disabled children, 50% on payment for services for maintenance and heating not for the total area of ​​the apartment, but within the limits of the social norm for the area of ​​housing and standards for the consumption of utilities based on the Rules for the payment of housing by citizens and utilities approved by Decree of the Government of the Russian Federation No. 392 of July 30, 2004, and the Law of the Ivanovo Region “On the Social Standard for Housing Area” No. 19-OZ of March 30, 1998.

What living space standards are used in 2022

1. Calculation of monthly payments for living space (calculation of utilities);
2. For the settlement of temporary residents (renting out housing);
3. The property is divided between the owners;
4. Eviction of the tenant;
5. Confirmation by the tenant of the right to receive additional living space.

Referring to housing legislation documents, this is a mandatory minimum square meters that a citizen can claim when drawing up a social tenancy agreement . According to Article 50 of the RF Housing Code, each municipal region has the right to set its own indicator values.

Additional living space, what is it?

Additional living space is the space provided in excess of the accounting housing norm . Usually it is provided as a room in an apartment, and if it is not possible to provide a separate room, 10 square meters are added to the total area. m.

The law clearly indicates the categories of citizens who have the right to receive additional living space, for example, disabled people, single mothers, large families, veterans, etc. You can learn more about this by consulting a lawyer involved in housing issues.

Additional living space is provided only on the basis of documents confirming that a person belongs to a particular group that is entitled to additional space, for example, a certificate of disability. Such a document is provided along with other documents upon registration.

Social norm of space for disabled people

Sample certificate of disability Division into groups by law Based on Article 17 of the Federal Law on Social Protection of Persons with Disabilities, citizens registered after January 1, 2022 can provide residential property in accordance with the current regulations on residential property in force in the territory Russian Federation.

Providing, at the expense of federal budget funds, housing for the category of citizens “widows of fallen (deceased) disabled war veterans, participants in the Great Patriotic War” who need improved housing conditions is carried out in accordance with the provisions of Article 23.2 of the above Federal Law.

Acceptance for housing registration.

Important

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation. Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power. (edited)

Housing and communal services compensation for disabled people in 2022

• making contributions for capital repairs of the building;
• fee for cleaning the area around the house;
• fee for removal of household waste;
• payment of sewer bills;
• payment for electricity (for disabled people of groups I, II, III);
• rent;
• payment of bills for heating, hot and cold water;
• payment for telephone services;
• payment for solid fuel to heat a house without central heating;
• payment of property tax.

Recently, regional authorities have been able to reduce the amount of contributions for major repairs of multi-storey buildings for disabled people of groups I and II. In this regard, compensation will be assigned in a different, unusual amount, but the costs will not increase.

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Is housing available for group 2 disabled people? This category of citizens is a vulnerable group of the population in our society. Most of their living conditions leave much to be desired.

. Despite the fact that the legislator of the Russian Federation provides for the provision or improvement of housing for disabled people of group 2, there are also its own characteristics and nuances that must be taken into account by everyone who is in line for housing.

How can a group 2 disabled person get an apartment - division based on time

According to Article 17 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation,” families with disabled children and disabled people who need improved housing are registered and provided with living space in the manner prescribed legislator of the Russian Federation. The relevant standards also stipulate that the disability group does not in any way affect the purchase of an apartment, that is, any disabled beneficiary has the right to register.

But, despite all of the above, there is a criterion that divides disabled citizens who are registered to improve or purchase housing according to temporary criteria:

• persons registered before January 1, 2005;
• persons registered after this date.

Beneficiaries who joined the queue for housing before the specified date have the right to acquire financial resources for the purchase of housing. This money is paid from a special fund of a specific subject of Russia

. Along with this, they retain the right to purchase housing under a social tenancy agreement.

For those who registered after January 1, 2005, housing is provided in accordance with the priority, depending on the moment of registration. However, persons who suffer from severe chronic diseases receive an apartment or other type of housing out of turn.

An apartment for a group 2 disabled person with a mental illness will be provided taking into account the right to additional living space. This rule applies to certain types of mental disorders listed in Government Decree No. 817 of December 21, 2004 “On approval of the list of diseases giving disabled people suffering from them the right to additional living space.”

Housing for a visually disabled person of group 2 will be provided on a general basis for this category of subjects, since the legislation does not include visual disability in the list of severe chronic diseases. This category of disabled people will have the right to receive benefits for housing and communal services in the amount of 50%.

In practice, provision of housing for disabled people of group 2 occurs through the provision of a free subsidy from the regional budget. To calculate the amount of the subsidy, the standard indicator of housing provision is used (18 sq.m.

.
per disabled person) and the size of the market value per square meter (this indicator is approved for each subject of the Russian Federation quarterly)
. After receiving a subsidy and purchasing an apartment, disabled people are deregistered with local authorities.

Excess living space

Surplus living space refers to meters of housing owned by a person in excess of the accounting norm mentioned above. The possibility of levying a tax on excess residential space has been discussed for a long time, but at present such a legal act has not yet been adopted. Today, surpluses are reflected in the amount of utility bills, since, for example, in Moscow, housing tariffs according to the accounting norm are the same, but in excess of the accounting norm (surplus) are different, and higher.

Naturally, the surpluses also affect the amount of property tax , but at the moment, they are paid at the same tax rate as housing according to the norm. That is, it turns out that the owner pays tax based on the inventory value of the entire housing (extras are not subject to additional tax). Let us note that in practice there is rarely a surplus in housing space, but if there is one, then the payment for it is very moderate. Although it is always possible that an increased fee will be established.

The living area must meet the needs of the family, however, its surplus due to changes in legislation can significantly increase the cost of paying taxes. The minimum area of ​​a residential building in many regions is 10 square meters. m per person, but considering that only the total area is taken into account, and not the area of ​​living rooms, this is very small.

When purchasing this or that housing, you need to understand that the area of ​​living space is not only a right, it is also an obligation to maintain housing, so you need to weigh whether you can maintain housing, starting from paying utility bills and ending with property taxes (if an apartment or the house is owned).

Criteria for recognizing disabled people in need of housing

The criteria for recognizing a disabled person and families with disabled children as needing housing or improving their living conditions are specified in Decree of the Government of the Russian Federation dated June 27, 1996 No. 901.

These criteria include:

• when recalculated for each family member, the size of the area is below the level approved by the authorities of the constituent entities of the Russian Federation;
• the living space does not meet technical and sanitary requirements;
• several families live in the house, including people with chronic illnesses of a serious nature, living next to whom is impossible;
• a disabled person lives in the same room with persons who are not related to him;
• accommodation in a hostel, except in cases where this accommodation is due to temporary seasonal work, work under a fixed-term contract, or training;
• long-term residence in the premises of municipal and state funds on a sub-rental basis or in premises that belong to other citizens.