How can a disabled person of groups 1, 2, 3 get an apartment in 2021

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It so happened that a friend of mine was left without an apartment and livelihood. He is a group 2 disabled person, so the lawyer we went to for a consultation reassured us. He said that now disabled people are entitled to comfortable housing, which is provided for by the rehabilitation program. Legislation has turned its attention to disabled people, and helps to obtain or expand housing conditions. An acquaintance has already moved into a new apartment, and at the same time did not pay anything for it. I want to share information with people like him, everything is in the article below.

• Who is considered disabled
• Right to benefits
• How to register
• How benefits are provided
• Benefits for apartments for disabled people of group 2

Who can apply for an apartment with disabilities of groups 1, 2, 3 in 2021

Citizens with officially confirmed 1st, 2nd or 3rd disability groups have the right to register housing ownership at the expense of a state subsidy. This advantage is associated with the unsatisfactory state of health of citizens, limited mental or physical capabilities.

Recognition of disability and assignment of a degree of incapacity for work is carried out by a medical commission after passing all tests and examinations of the health status. You can undergo them with the direction of your attending physician at the clinic at your place of residence or the Pension Fund of the Russian Federation.

In addition to a housing subsidy, a citizen with a disability can apply for a state benefit, benefits for the provision of services, an exemption or discount of up to 50% on transport tax, and other benefits from the state.

Conditions for obtaining disability status

According to Decree No. 95 of the Russian Federation, there are 3 groups of disabilities, which differ in the severity of the pathology. A citizen can be assigned a disability group if:

• serious disorders occur in his body (that is, people with disabilities since childhood or a group acquired as a result of injury or a severe pathological condition);
• he requires social protection with a rehabilitation focus;
• he developed a limitation of vital activities (that is, he completely or partially stopped moving and caring for himself independently).

Important! Only specialists of special medical examination can recognize a person as disabled. A referral for examination can be obtained from a therapist, the Pension Fund of Russia or the social security department.

After receiving disability status, citizens can apply for government privileges. This also includes the provision of apartments to disabled people without their own property.

Legislative basis for providing subsidies for disabled people of groups 1, 2 and 3 in 2021

At the legal level, the procedure for providing housing to persons with disabilities is carried out on the basis of regulations:

What standards must housing comply with?

According to current legislation, preferential housing provided to people with disabilities and other categories of citizens must comply with certain standards for floor area.

It is worth noting that such dimensions are established by local governments and are prescribed in local regulations.

For example, in Moscow, footage standards are specified in Art. 20 of the Moscow Law of June 14, 2006 No. 29. According to this article, 18 square meters of living space are allocated per person.

In Part 6 of Art. 17 Federal Law of the Russian Federation dated November 24, 1995 No. 181-FZ states that in a number of cases the standards for room footage can be exceeded, but not more than 2 times. This opportunity is provided to disabled people suffering from severe chronic diseases.

In addition, according to paragraphs. 1 tsp. 1 tbsp. 15 of the law mentioned above, people with disabilities have the right to ensure unhindered access to social, transport and engineering infrastructure. Thus, the local administration must also install ramps at the entrances for wheelchair users.

Basics of state support in the housing sector for people with disabilities in 2021

State guarantees for people with disabilities include the following support measures:

• housing is provided free of charge, installments or compensation are not required from citizens, as well as from their families;
• it is possible to provide a plot of land for individual housing construction using the forces and at the expense of a disabled person;
• allocation of funds from the state budget as compensation for full or partial cost of purchased real estate;
• registration of discounts on utilities, other payments for housing, for example, capital repairs of the building, benefits on electricity, etc.

Expert opinion

An important provision of the legislation is the provision of tax benefits for all categories of disabled people when selling real estate. This advantage is given in relation to housing of any type - in apartment buildings or the private sector. In the case of an individual building, compensation is issued for the delivery and payment of the cost of fuel for heating residential premises.

Romanova T.O., representative of the social protection authority

When a disabled person of groups 1, 2 and 3 can apply for an apartment in 2021

To register a citizen with a disability group with the local administration in order to obtain housing, it is necessary to comply with such criteria as the need to improve the situation with the place of residence. This category includes persons under the following circumstances:

Important: to determine how many square meters should be allocated for each citizen, you must seek advice from the district administration at the place of residence of the disabled person.

How benefits are provided

Let's consider which group of disabled people are entitled to an apartment and benefits. Disabled people placed on the queue are divided into 2 categories based on registration time:

• Until January 1, 2005.
• After this date.

The first category of housing is allocated under a social lease agreement in turn. The legislation provides for them subsidies for part of the cost of the apartment. But in reality, this money is given only to war invalids.

Attention! For the first category of disabled people, housing is allocated according to the Housing Code of the Russian Federation, for the second - by order of local rulers.

The second category coincides with other beneficiaries who can use benefits with them. The Housing Code specifies measures to more quickly provide apartments to this category of people. In addition, the characteristics of a person’s illness and doctors’ prescriptions for treatment are taken into account.

For example , an apartment for a disabled person may be allocated a larger area, and its location is closer to a clinic or diagnostic center. The place of residence of guardians or relatives and the nature of the illness are also taken into account.

At the state level, categories of people who should receive housing without a waiting list have been defined. These are children who are disabled, on social security, orphans, or who have lost their parents upon reaching adulthood. As housing becomes available, it is first allocated to disabled people who need such conditions.

There is also a list of diseases for which a disabled person is entitled to additional living space.

Such diseases include:

1. Tuberculosis.
2. Skin diseases such as psoriasis.
3. Pediatric HIV infection.
4. Absence of a leg, impaired motor function.
5. Serious diseases of urinary function.

The specified list was approved by the relevant order of the Ministry of Health of the Russian Federation.

Benefits for apartments for disabled people of group 2

This category of citizens has limitations on their ability to work. But they can also take advantage of benefits to receive a free apartment from the state. Group 2 can receive housing under a social rent agreement. Housing for them must meet the conditions for comfort.

Requirements for such housing:

1. Equipping with devices for movement and making life easier.
2. Compliance of the area with established standards, taking into account the category of disability.
3. When developing the project, the following features are taken into account: the presence of an elevator, ramps and other devices.

When a disabled person is sent for rehabilitation to a special center, his housing remains with him for 6 months. If relatives live in the house, they can stay in it for an unlimited time.

Important! A single disabled person can be allocated an apartment if he can take care of himself.

What guarantees are provided to people with disabilities in the housing sector in 2021?

It is possible to improve housing conditions through government subsidies for the following categories of citizens:

Important: each case where a citizen needs to improve their living conditions is individual. The district administration reviews the documents separately, taking into account the circumstances of residence and the condition of the area where the person whose right to additional square meters is provided for by law is located. A number of factors that give the right to use a government subsidy are assessed in aggregate.

Payment terms

The approximate period during which you will receive a subsidy may be announced at the moment you get in line. From the moment you receive the subsidy, you need to find a use for it and purchase a home within six months.

If such deadlines do not suit you, you can try to find an alternative option:

• a loan for the construction or purchase of a house by a disabled person is a good option for those who have a stable job that brings a good income, but unlike a subsidy, these funds will have to be repaid in installments;
• obtaining a mortgage with a low interest rate - similar to a loan;
• A mortgage taken out by a relative of a disabled person is repaid as usual, but sometimes this is the only way to expand housing.

Note! If a disabled person receives a loan, he can count on partial repayment by the state.

Also, in addition to subsidies for the purchase of housing, there are other forms of assistance from the state:

1. provision of housing under a social tenancy agreement;
2. issuance of apartments in specially built houses, as well as those purchased by the regional administration on the secondary housing market;
3. resettlement of two or more families living in one house;
4. identification of children and incapacitated disabled people and social boarding schools, where patients receive proper care and treatment;
5. financing of vouchers to sanatoriums intended for the recovery of patients.

What else you need to know about the subsidy:

• if 2 or more disabled people live in the same living space, each of them has the right to receive assistance equivalent to 18 square meters on the day of its receipt;
• Family members of a child on the waiting list under 18 years of age are entitled to such a payment (read about how and under what conditions to receive housing benefits for disabled children here).

In these two cases, buying a new home is simplified, because... there are enough funds.

In addition to Federal Law No. 181, the specifics and timing of the provision of apartments are regulated in regional regulations, therefore, to obtain up-to-date information, you must contact the local authorities providing assistance directly.

If a person’s disability has a term, it must be renewed in a timely manner and certificates of the medical examination completed must be provided to the administration authorities annually. Failure to confirm disability status is grounds for excluding a person from the queue!

Thus, the receipt of a subsidy by a person with disabilities is financed by budget funds, so due to their lack of funds, a long period of time may pass before your turn comes.

To obtain it, you need documents confirming this need, and the availability of funds or the ability to sell your home to combine these sums of money when purchasing a new apartment or house.

The state pays only for 18 square meters of living space. The right to a larger area belongs to groups of disabled people included in a special list, among which are patients with severe infectious and mental illnesses, thereby putting their cohabitants at risk.

Real assistance in improving the living conditions of needy citizens of the Russian Federation lies in subsidizing state programs for the opportunity to purchase decent housing or expand existing space. Read our materials on how to get a subsidy for an apartment for police officers, the Ministry of Internal Affairs, the FSB, soldiers of the Russian Guard, as well as low-income families and single mothers, pensioners, civil servants, under the “Young Family” program and large families.

Procedure for applying for housing subsidies for disabled people

Obtaining square meters for disabled people of groups 1, 2 and 3 is carried out in several mandatory stages:

1. Collecting documentation, passing a medical commission to determine the disability group. You can find out more details at the Pension Fund office at your place of registration.

2. Applying to the local government to receive the area. An application can be submitted either by the citizen himself or by his representative using a notarized power of attorney.

3. If your health condition worsens or you develop chronic diseases, you should immediately notify the local administration.

Important: Assignment of disability is carried out by establishing such factors as the inability of a citizen to care for himself independently, the need for social protection of the population, the presence of complex health problems, the degree of loss of disability - in the 1st group from 80 to 90%, in the second - 70%, the third is determined individually and ranges from 50 to 60%.

Documents for registration as those in need of improved housing conditions in 2021

There is a significant difference in the procedure for providing housing for citizens registered before 01/01/2005 and after this date. For the first category of citizens:

· government subsidies are provided for the purchase of real estate;

· the right to occupy living space received under a social tenancy agreement is retained

For those who registered before 01/01/2005, they receive an apartment in the order of priority, with the exception of cases when a chronic disease has occurred that has led to disability.

To obtain the status of someone in need of housing, the following documents will be required:

· extract from the house register;

· application of the established form;

· conclusion of the medical commission on assignment of a disability group;

· other papers at the request of social protection authorities.

Right to housing benefits

Housing benefits that disabled people can count on today are regulated by the Federal Law “On Social Protection of Disabled Persons” and the Housing Code.

What are these measures?

• Providing free housing.
• Allocation of housing subsidies to compensate for part of the purchased apartment.
• Providing disabled people with discounts on housing and housing and communal services.
• Allocation of land for individual housing construction for farming or gardening.

These measures are provided by local self-government bodies in the regions of the Russian Federation. They operate on the basis of federal legislation describing the procedure for providing housing benefits.

Federal law also lists the conditions under which people with disabilities and their families become eligible for additional space or other support measures.

Download to view and print

Decree of the Government of the Russian Federation of July 27, 1996 No. 901

Conditions for providing housing to persons with disabilities

1. Family living in a residential building, the area of ​​which, when calculated for each relative, does not meet the required standards.
2. The technical and sanitary characteristics of the premises in which the disabled person and his family live do not meet the established standards.
3. The apartment of a person using a wheelchair is located above the 2nd floor.
4. The family of a disabled person lives in the same living space in adjacent non-isolated rooms with other families not related to them.
5. In the same living space with another family, if the family includes a patient with a serious chronic disease, with whom it is impossible to be in the same room.
6. A person with disabilities lives in a dormitory or in a communal apartment (there are exceptions to this subclause).
7. Accommodation for a long time on the terms of hiring, subletting or renting living space.

Disability does not limit a person’s ability to obtain housing on other grounds provided for by other social support programs.

How to register for housing

How can a disabled person get an apartment? First of all, you need to register in the queue as someone in need of expanded living space. To do this, you will have to collect a package of documents and attach a corresponding application to it.

The list of documents for registration in the queue is as follows:

1. Certificate of recognition of a person as disabled.
2. A document that includes a set of rehabilitation measures (individual rehabilitation program).
3. Documents indicating compliance with the requirements of social services for obtaining housing (certificate of family composition, extract from the House Register).
4. Other documents upon request (medical certificates, extracts from the BTI, etc.)

Standards for the provision of living space for people with disabilities in 2021

When determining the size of living space that should be provided to a disabled person, the medical program for his rehabilitation is taken into account, and the circumstances of the disease are taken into account. The documentation is analyzed by the local government body. Housing must be located close to the area where the citizen is undergoing treatment or prevention. The place of residence of relatives is also taken into account.

In Moscow, the standard is 18 sq.m. per person. Housing must meet technical and sanitary-epidemiological standards, not be in danger of collapse, and not be on the administration’s emergency relocation list.

Conditions for providing benefits

Housing subsidies, both on a general basis and for people with disabilities, are provided upon receipt of funds from the federal treasury and compliance with the queue.
It is valid for six months, during which time you need to find and buy an apartment. Finances are transferred in non-cash form to the property owner. There is a time priority factor:

1. Persons registered before 2005 have the opportunity to receive money from special resources of the territories of the Russian Federation.
2. People registered after the specified time enjoy the right to purchase an apartment in turn, depending on the date of registration.

Important!
The number of beneficiaries who will have their housing needs met during 2021 is determined as follows: the total amount of money received by the territory is divided by the amount of assistance per person registered. Features of the allocation of housing subsidies:

• The law does not provide for the provision of square meters at the expense of state money to relatives living with the beneficiary and who do not have this privilege. This condition is met when participating in a special program for people with disabilities. If a family applies for improved housing conditions on a general basis, the payment amount is calculated for all family members;
• cohabitation of people with disabilities gives each of them the right to receive a housing subsidy;
• the presence of disabled children extends the privilege to all family members;
• existence of standards - on average 18 sq.m. are allocated across regions. meters per person;

Important: the exact payment amount is calculated by local authorities at the time of issuing the Certificate (the average market value per square meter in the region is taken into account).

How to appeal a refusal to issue a decision in 2021

If you are denied a state subsidy for housing, you have the opportunity to appeal it. You will have to pay a state fee of 300 rubles. You can submit an application within exactly 1 month from the date of refusal by the local government body. If you miss time, you will need to restore the deadline; for this you need to provide evidence of valid reasons for the inability to submit an application before the due date.

Expert opinion

Before going to court, it is recommended to correspond with the district administration. Papers with applications and a list of documentation will be evidence of a violation of the rights of citizens with 1, 2 or 3 disability groups in violation of their housing rights caused by inaction or actions of authorities.

Inozemtseva R.R., employee of the district administration

Who is considered disabled

To figure out how to get an apartment for a disabled person, you need to define this status. People with health conditions that limit their life activities are considered disabled. Such disorders can arise due to pathology of the body. As a result of the disease, a person cannot be useful to society in social and age categories.

In Russian legislation today there are several legal norms related to the field of disability. Some of these laws specify the conditions under which a person can receive the status of a “disabled person” and the procedure for establishing a disability group.

Russian Government Decree No. 95 establishes 3 groups into which disability is divided. They differ in the severity of the disease.

Conditions for obtaining a disability group:

1. Persistent impairment of health due to acquired diseases and injuries.
2. Social protection, including rehabilitation, is required.
3. Partial or complete loss of ability to communicate, move, independently care and control.

Attention! Disabled status can only be assigned by doctors through a medical examination.

A referral for it is issued by the attending physician, social security workers or pension fund. Sometimes the issuance of such a document is refused, then the person can submit an application to the expert bureau himself.

People who have become disabled, by law, can enjoy benefits such as a subsidy for the purchase of housing or its provision, a reduction in taxes, material compensation, preferential travel on public transport and others.

Common Mistakes

Error 1. Applying for a government subsidy without confirming the status of someone in need of improved living space. First, you need to confirm unsatisfactory living conditions and provide papers about this to the local administration. You also need to collect a set of papers about pensions or for disabled children.

Error 2 . Refusal for disabled people to receive living space, placement in a queue. This is incorrect, since in the presence of chronic diseases, the list of which is specified in Government Decree No. 378, it is possible to issue documents on priority receipt of housing. Among such diseases are complications with the genitourinary system, tuberculosis, HIV, musculoskeletal disorders, etc.

Question answer

Question 1. Can I apply for an apartment as one in need of improved housing conditions if I have lived my entire life in a departmental dormitory as a labor veteran of the Ministry of Internal Affairs?

Yes, such an opportunity is provided for by law. You can submit an application to the local authority, attaching a decision on the need for improved housing conditions. To do this, you first need to register with the administration in the queue for housing. The state program provides for relocation from departmental funds to apartments provided under social tenancy agreements or into the ownership of citizens.

☝️ Possibility of appeal

If a disabled person has received an illegal refusal to register as someone in need of subsidized housing, he has the right to appeal the actions of the local city (district) administration.

He can do this in the following ways:

• pre-trial - if a violation was committed by a specific employee, you can complain to the head of the administration. You can also contact the prosecutor's office for help;
• through the court - in this case, the person whose rights have been violated can file a corresponding claim in the regional court.