Who does not need improved housing conditions: the Supreme Court established criteria

Determining the need to improve living conditions

According to the provisions and norms of the relevant code of the Russian Federation that have entered into legal force, one of the key factors that allows you to get in line is the size of the living space actually belonging to one person.
By law, this size must be fifteen or more square meters. These figures may vary depending on the region. If each family member is provided with the required number of square meters, it will not be possible to stand in line for a change in living conditions. For example, if four people live in a 60-meter apartment, two of whom are father and mother, and the other two are children, then before the changes to the Housing Code came into force, a child who had reached the age of majority could stand in line for a change in living conditions on the basis lack of personal ownership rights to a specific apartment. Today, given the fact that each family member has 15 square meters, an adult son or daughter of a tenant will not be able to qualify for housing.

The procedure for placing on the waiting list in the event of divorce between spouses is regulated in a similar way. If spouses have a common apartment with an area of ​​30 square meters or more, then it will not be possible to improve living conditions at the expense of the state. If mother and son live together in the same room, this rule does not apply. An adult son living with his mother in a one-room apartment of any size can join the queue.

Please note that today we are summing up the total number of square meters that belong under ownership rights to a specific family within the same city or locality, including apartments and houses owned by relatives - a spouse, parents of a spouse, joint children , other related persons living in the same territory and leading a joint household. For example, none of the members of a family consisting of three people living in an apartment of two rooms with an area of ​​40 square meters has the right to improved living conditions if in the same locality one of them has a residential house, apartment or room, and with taking into account its area, each person accounts for more than fifteen square meters.

Future Program Opportunities (at a Glance)

• If St. Petersburg passes another law, another regional program will operate, according to which the “City” will enter into rental agreements with citizens, acting as the rent provider in the relationship. This program is beneficial for pensioners and elderly people living in St. Petersburg. It should roughly look like this: initially the city pays the citizen 10% of the cost of the apartment, and then monthly payments of about 2 minimum wages (11-12 thousand monthly), which will be a significant increase in pension.
• Commercial housing rental program. This program has favorable tariffs when renting housing from the state is significantly lower than market prices (for example, 7-10 thousand rubles for renting a three-room apartment, instead of 30-40 thousand at market prices). Of course, like every program, it has limitations (for example, the term is 5 years).

Procedure for registering adult children

According to the conditions used earlier, a child who had reached the age of majority could receive a separate apartment if the family was registered. Thus, the queue was divided not after reaching adulthood, but at the time the child’s parents or guardians entered the queue. Today the situation has changed, and the division of priority is carried out after reaching the age of majority or entering into legal marriage. Queue accounting begins from this moment. This amendment is relevant if the young person submitting the application does not have ownership rights to any housing.

If children born after divorce or adopted do not have their own housing at the time of filing their application, they also have the right to decent living conditions. This rule applies if children do not have square meters in the apartment or house of their parents or guardians when submitting documents independently.

Before the amendments came into force, the fact of reaching adult legal age was the basis for placing on the waiting list for the provision of housing property for each person living in a communal apartment or social apartment. Today, additional documents are required confirming that the applicant has less than fifteen square meters.

According to modern standards, citizens who have the right to receive social housing can also apply for the allocation of space in the amount of 15-20 square meters per person, with the exception of those square meters that are owned by the applicant at the time of submission of documents.

For example, if a father, mother and child apply for a social apartment, then the housing criteria for them is 45-60 square meters of area. If any of them owns a room or house with an area of ​​20 square meters or more, this family can receive social housing with an area of ​​up to 25-40 square meters.

Existing affordable housing programs

Any citizen can view the texts of the programs on the portal of the Administration of St. Petersburg:

• Target program of St. Petersburg “Housing for public sector employees”
• Development of long-term housing lending in St. Petersburg
• Target program “Resettlement of communal apartments in St. Petersburg”
• Providing free subsidies for the construction or purchase of housing
• Target program of St. Petersburg “Youth - affordable housing”, etc., as well as a number of subprograms for them.

But this is not enough. The city has a number of additional opportunities that can be paid when using targeted programs and subprograms. For example, the subprogram “Providing housing for young families” of the Federal target program “Housing” for 2002-2015 for young families, in addition to the social payment provided from the budget of St. Petersburg as part of the implementation of the target program of St. Petersburg “Youth - affordable housing" provides additional funds from 15% (of the estimated cost of housing) for the purchase of housing on the secondary real estate market in St. Petersburg. And so on for a number of programs. You can obtain more detailed information and calculation of economic efficiency for each of the possible programs in our Legal Department at an appointment with specialized specialists.

How to get on the waiting list for housing?

If there are legal rights to be included in the queue to improve housing conditions, a citizen of the Russian Federation must perform a number of mandatory actions. First of all, you need to collect the necessary documents and submit them to administrative officials at the place of registration of housing. Simultaneously with the documents, an application is submitted asking for improvement of living conditions. The documents and application are reviewed by authorized persons, and the applicant receives a written response. This response confirms the fact that the applicant has been registered and included in the list of those applying for improvements in housing conditions. In case of refusal, the letter must contain reasoned arguments and grounds for refusal.

In order to avoid possible refusal and achieve a positive result when applying, it is necessary to cooperate with a qualified lawyer. Each lawyer of the Moscow Municipal Bar Association is an expert in the legal field in question and offers a full range of services to clients. This:

• Initial consultation and objective assessment of the grounds for requesting improvements in housing conditions at the time of filing the application.
• Assistance in collecting documents that are necessary for registration and joining the queue based on various government programs.
• Appealing decisions made by the commission in case of refusal to be included in the list of candidates.
• Support at the stage of receiving subsidies, issuing an owner’s certificate and other documents.
• Submitting official requests and conducting the necessary examinations to confirm the right to resettlement.
• Other types of legal assistance.

Contacting a lawyer in a timely manner will help you save time and get the best possible result. MMCA lawyers are competent to assess and implement various legal grounds that have a direct impact on ensuring decent living conditions. Sign up for a consultation with a lawyer now and get answers to any questions you may have.

Financial support for disabled people

In addition to receiving a housing subsidy, people with disabilities can count on improved housing conditions by concluding a social rental agreement.
Recognition of a citizen as needing improved housing conditions is the basis for concluding the above-mentioned agreement. By law, disabled people must be provided with specially equipped living quarters. Special housing is retained for them for six months when placed in a social service organization. Benefits for disabled people of groups 1, 2, 3, families with disabled children, in addition to the allocation of an apartment, additionally require compensation for the payment of utilities and living quarters. The amount of compensation is 50% of the established fee. Disabled people of groups 1 and 2, disabled children and families with disabled children are provided with compensation in the amount of 50% to pay fees for major repairs.

Disabled people of groups 1 and 2, people with disabilities since childhood and disabled children are given a tax benefit when paying property taxes; to exercise this privilege, you should contact the tax service with a disability certificate and an ITU conclusion.

Important! Disabled people assigned to Group I are given the right to receive a housing subsidy out of turn. If they are unable to prepare the documents themselves, they can enlist the support of a trusted person. When allocating space for living, the recommendations of doctors and the patient’s rehabilitation program should be taken into account.

The apartment must be allocated near medical institutions or the place of residence of guardians. The list of diseases that gives such rights is approved by the government.

Having a severe form of chronic illness allows you to get an apartment larger than the established standards (no more than 2 times).

Features of state support for disabled people of the first group

1. The purchase of housing for an amount exceeding financial assistance is paid for with one’s own funds.
2. Housing for citizens with disabilities is equipped with special means and devices in accordance with the rehabilitation program for the disabled.

Important! The disability group has no influence when determining priority in receiving a housing subsidy. Any disabled person can exercise this right.

This category of citizens can count on their own plots of land for individual housing construction, gardening and farming.

So, to register for a housing subsidy, people with disabilities submit a written request to the executive authorities (attaching documents justifying your rights). Wrongful refusal is grounds for filing a lawsuit.

Advice! If you have to face a refusal, you should contact the ESHF. This Fund helps disabled people get the desired benefits without charging any fees.

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