Moving cannot be a basis for depriving an orphan of the right to provide housing

Who is eligible for free housing?

If you want to know your housing queue, you most likely fall into one of the following categories:

1. Low-income families . Status alone is not enough: Russians must live in a house recognized as unsafe or have property whose area is less than the established norm for 1 family member in the region;
2. Orphans (if there is no housing or inheritance);
3. Families with a disabled person or a person whose health condition requires the provision of separate living space;
4. Military personnel;
5. Federal civil servants serving in the federal executive body and recognized as needing improved housing conditions;
6. Teachers, medical workers;
7. Young families recognized as needing improved housing conditions;
8. Citizens who have lost their property , for example, as a result of a program for the demolition of dilapidated buildings, can also count on receiving housing

The Regional Construction Fund provides the opportunity to get on the waiting list for an apartment to citizens who own a building where one of the types of housing and communal services is missing (the supply of gas, electricity, water, heating does not work).

Lawyer Anton Shcherbak comments: If you are not yet in line to improve your living conditions or doubt whether this is required, contact the administration of your region. There they must explain to you your rights to additional living space and the procedure for collecting documents. If you are a government employee or military personnel, contact your employer or human resources department.

You can also use Internet services. For example, you live in Moscow and want to know if you are entitled to additional square meters? Then there is a special test for you on a possible way to improve your living conditions.

Basic laws and the need to change them

The legislative acts on which experts rely when resolving the issue are as follows:

1. Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care.” Date of adoption: 12/21/1996 (last modified 12/31/2014).
2. Decree of the Government of the Russian Federation dated 04.04.2019 No. 397 “On the formation of a list of orphans and children left without parental care...”.

Previously, the rules for providing orphans and equivalent square meters looked like this:

• they were not put in a queue, but were immediately given the premises that the municipality had;
• there were no specific rights proceedings;
• if an orphan has not been provided with housing before his 23rd birthday, he is removed from the register;
• The living space was registered as social rent.

During the investigation of various situations, it was found that such rules open up opportunities for fraud. In particular, young people who received “free” living space:

• they sold it, seduced by something less valuable, but currently desirable;
• transferred to scammers under the influence of their pressure.

Download for viewing and printing:
Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children without parental care”

Important: changes adopted in 2014 stopped the possibility of fraud in relation to the apartments of young orphans.

The principle of queue movement

In order not to be deceived and not to feed yourself with unnecessary hopes, you should know how the distribution occurs. After submitting documents, citizens are assigned a queue number for housing. Using this number, citizens can determine their progress. Depending on your situation, you fall into one of the groups:

• applicants receiving housing out of turn;
• applicants receiving housing first;
• recipients on a general basis.

Below you can familiarize yourself with these categories in more detail and determine which category you fall into.

First of all

The following can count on priority receipt of an apartment:

1. Disabled people of groups 1 and 2;
2. Participants in BOB, combat operations on the territory of the Russian Federation and other states;
3. Families of missing and killed military personnel;
4. Employees of law enforcement agencies, the Ministry of Internal Affairs, the police, the customs service;
5. Heroes of Russia, Heroes of Labor, veterans of the housing and communal services sectors;
6. citizens who received the Order of Glory or the Order of “3rd Service to the Motherland in the Armed Forces”;
7. Heroine mothers, single mothers, large families and couples giving birth to twins, triplets;
8. People with severe chronic diseases who, according to medical reports, cannot live in the same room with other relatives.
   

   In accordance with Art. 36 of the Housing Code of the Russian Federation, the regional administration provides housing to the specified categories in the first place

Under preferential conditions, those whose property is recognized as unsafe or unsuitable for habitation can count on an apartment. Property status is assigned by the social service commission in the region.

In addition, large families in need of improved housing conditions also have priority rights to receive subsidies. To do this, they need to be included in the regional program.

Providing living quarters for orphans and children left without parental care

So we'll look at:

• conditions for orphans to receive housing;
• what kind of housing can be provided;
• when housing is provided.

Conditions for providing an apartment

So, to acquire square meters you need to meet a number of conditions. A young man applying for housing:

• must have orphan status;
• age from 18 to 23 years;
• is obliged to submit an official application for the state to allocate him a separate apartment.

Let's take a closer look at these conditions.

An orphan, according to the law, is one whose parents:

• died;
• deprived of parental rights;
• are in prison and cannot take care of the child;
• declared missing;
• seriously ill.

What kind of housing can an orphan child count on?

There are several signs that indicate that this apartment fits the definition of social housing. So, what kind of apartments are given to orphans:

• it must be separate;
• the future place of residence is suitable for living, equipped with amenities (electricity, water supply, sewerage, heating);
• an important point is compliance with the required footage;
• the place of residence must be where the citizen who has reached the age of majority is registered and lives, or where guardianship has been issued over him.

Terms of housing provision

In accordance with the law, the orphan submits an application to local authorities. The official review period is forty calendar days. After which, if all documents are provided and the application is drawn up correctly, social housing is allocated and an agreement is concluded. However, this is an ideal option. In fact, unfortunately, you often have to wait for more than one decade to get your own apartment. The problem of providing housing for orphans lies in the fact that funds for this are allocated from the regional budget and very often these funds are not enough. Information about the queue can be clarified in the same government agency where the application was submitted.

How to determine your place?

To be aware of when to apply for a new apartment, beneficiaries should regularly find out their place on the waiting list. You can view your queue number in several ways: at the MFC, through the online resource “State Services”, on the regional portal, or during a personal visit to the administration of the subject.

Via the Internet on the Moscow government services website

Residents of the capital can look at the queue for an apartment in Moscow via the Internet. The website of the mayor of the capital, mos.ru, allows you not only to submit documents for housing in Moscow online, but also to obtain information about the status of the provision of the service.

You can find out your number within 10 minutes here - https://www.mos.ru/pgu/ru/services/link/157/?onsite_from=56532. Information is provided only to individuals and their legal representatives.

On mos.ru you can find out the serial number in the queue for an apartment if the citizen provides passport details. When receiving information, an authorized representative will need a notarized power of attorney.

An online request allows you to view the electronic queue for housing. Information about citizens registered in other regions of the country is located in the housing committee of a constituent entity of the Russian Federation or the website of the local administration. For example, Russians can check the progress of the queue for housing (St. Petersburg) on ​​the city portal gov.spb.ru in the “Checking application status” section.

Through the portal "State Services"

The unified state portal “State Services” provides citizens with a wide range of social opportunities.

through the State Services portal (there is no such option) , but you can find out information about documents, deadlines for receiving and features of providing information.

The portal contains information on how to check the queue for housing on the local administration website. Contact information is indicated (for example, the telephone number of the housing and communal services for orphans' affairs), the timing of the provision of services (1 day for submitting documents and 30 for consideration), and features.

In the local administration

Those who do not trust the Internet can find out information during a personal visit to the regional administration. Civil service employees help you find out your queue for an apartment using your personal number .

If citizens do not know which number they have been assigned, they can submit a request. The number is issued immediately after joining the program; it is provided online. Only the owners or their representatives can find out the queue number for housing.

To do this, you need to provide the owner’s passport, documents for the apartment and information about government support. The duration of the service is from 1 to 10 days . It is acceptable to receive a response to your request via email or telephone number.

Through MFC

Citizens can make an appointment online, on the website of the regional MFC, or in person. To find out about the number and promotion at the MFC, you need to take a coupon (online or in the center) and submit documents .

Information is provided to the MFC upon written request. The period for receiving information does not exceed 30 days. The service is only possible for those for whom benefits are issued: other family members do not have access to the information. It is allowed to issue information to a legal representative with the presentation of relevant documents.

Write a request

As a rule, in all major cities and regions, the government website contains information about the waiting list for housing. If you have not found it on the Internet, you can submit a written appeal to the regional, district or city social support authority.

In your application, please indicate your full name, place of registration and address, date of registration as a person in need, registration number, and other information.

All authorities are required to respond to your request within 30 days. If you have not received an answer, you can write to the prosecutor's office and the violators will be held accountable.

Required documents

1. Application requesting housing as an orphan.
2. General civil passport of a citizen.
3. Document confirming orphanhood.
4. If a citizen has a family, proof of registration of marriage and the presence of children.
5. Certificate of family composition.
6. An extract from the register of real estate rights indicating the absence of living space.
7. When completing compulsory military service, or missing a deadline, a military ID and a photocopy of it.
8. Certificate from the place of employment (employment authorities, if the orphan is temporarily unemployed and is registered);
9. A document confirming completion of studies at a university.
10. If a citizen served a sentence in correctional institutions, a certificate confirming this.

Expert opinion

Roman Efremov

5 years of experience. Specialization: all areas of jurisprudence.

Previously, an application with a list of required documents was submitted exclusively by orphans independently. From January 1, 2021, the legislation has undergone minor changes. Now the application can be submitted by the orphan's authorized representative, subject to the presence of a notarized power of attorney to represent interests.

In some situations, a petition for the provision of housing for an orphan by the guardianship and trusteeship authorities is allowed. As a rule, guardianship enters into the process if the orphan has limitations in legal capacity; the procedure for allocating an apartment is carried out when the orphan reaches 14 years of age.

Some local authorities may require other important documents, but this is at their discretion.

Features for different categories

Service for military personnel

There is a special website for this category of people - dom.mil.ru. There you can find out information about your position in the unified register of housing for military personnel.

For orphans

In many regions, there are online services for obtaining information about the provision of housing for graduates of orphanages. To find out information about yourself, you need to go to the website of the regional ministry or department of social support and protection.

To do this, just type in the search engine the phrase “Social protection authority of the ……….. region.” Further on the site you can find such a section. Enter your details and get the information you need.

Legal protection of the property of an orphan

Innovations in the field of allocating preferential apartments relate primarily to the protection of property. Unfortunately, in the past, preferential housing often ended up in the hands of scammers. Or the young man immediately sold it in order to satisfy some momentary needs. In order to avoid this, the legislator made some amendments.

An orphan is provided with an apartment by concluding a tenancy agreement with the municipality for a period of 5 years. Then the contract can be renewed for another 5 years, but only once. When the contract expires, a social tenancy agreement is concluded.

Who does the state provide with housing?

Children receive the right to an apartment:

• orphans - parents died before the child reached 18 years of age;
• left without parental care.

There is no child care if the parents:

• deprived of rights;
• assigned to a pre-trial detention center;
• disappeared or died;
• declared incompetent;
• refuse to pick up the child from a medical or educational institution;
• are in medical institutions.

Persons left without parents for any reason before reaching adulthood can count on assistance from the state.

But housing is not provided provided that the orphan already owns an apartment or rents it for social rent. Also, social protection has the right to refuse those who are registered in residential premises. But if the orphan proves that living at the place of registration is impossible for objective reasons, then housing will be allocated to him.

These reasons include:

• a person lives in the apartment with chronic diseases that worsen the quality of life of others;
• the orphan is registered in the apartment of parents deprived of parental rights;
• housing does not meet sanitary standards;
• the apartment was declared unsuitable for habitation.

Requirements for the housing provided

Housing provided to orphans must meet several requirements:

1. The apartment is located in the same locality where he lives or was in an orphanage.
2. The premises should not be located in a dilapidated, dilapidated house where a threat is created to the life and health of the orphan.
3. All necessary communications are provided to the apartment.
4. Orphans are provided with a separate apartment (not a dorm room or communal apartment).

How many square meters are required:

• for single orphans – from 33 sq.m.;
• for an orphan family with two people – from 42 sq.m.;
• for families with children – from 18 sq.m. for each person.

If the allocated housing does not meet the listed standards, then the orphan has the right to refuse it and demand a replacement. As a rule, such cases are resolved in court. But refusal may result in you having to wait your turn again. Yes, and you can refuse the offered meters only for compelling reasons.

How an orphan can get an apartment: procedure

What an orphan needs to do to get housing:

1. Prepare all necessary documents. It is better to obtain an exact list in advance from the guardianship authorities, since each case is considered individually.
2. Submit documents and application.
3. Wait for the result and receive a certificate indicating the queue number.
4. Wait your turn and sign the rental agreement.
5. After 5 years, sign a social rental agreement.

The procedure for providing square meters seems quite simple. But in practice, many orphans face various difficulties. For example, guardianship authorities refuse to provide housing because the orphan is married and the spouse owns real estate. Such actions are illegal.

They have the right to refuse only on the condition that the property is registered in the name of the orphan, and not in the name of her relatives. Even buying an apartment with your own money will cause a refusal to provide an apartment. It is worth considering that while the queue is moving, you cannot buy real estate. You will have to confirm your right to an apartment before signing the lease agreement by providing a certificate confirming the absence of residential property in the property.