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.
Important! If you yourself are looking into your own case related to obtaining housing for a group 2 disabled person, then you should remember that:
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General rules for providing housing to disabled people
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.
Conditions of receipt and requirements for the recipient
The following may apply for money for housing expansion:
- disabled people of all groups standing in line;
- family members of a disabled child who has not reached the age of majority have equal rights to financial assistance.
On a note. Relatives caring for a disabled person are not entitled to assistance; it will only be received by a person who has documented their health condition.
Subsidy funds are allocated by the budget annually and transferred to territorial authorities. There they determine how many people from the queue will receive help. To do this, the amount received is divided by the amount of payment due to one person.
Recipient requirements are as follows:
- it must relate to low-income citizens;
- do not have your own living space or have one, but it does not meet sanitary requirements (a room with high humidity, the presence of fungus on the walls, cracks in the walls or ceiling, etc.);
- live in an apartment whose area is less than the living minimum.
The procedure and features of obtaining social housing for disabled people
All disabled people, regardless of group, have the right to improved living conditions. 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.
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
Registration for housing
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.
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.
Criteria for recognizing disabled people and their families as needing housing
The full list of criteria, in the presence of which disabled people and families with disabilities have the right to provide housing, are listed in 901 Government Decree of July 1996 (the resolution became invalid as of April 14, 2018. See Decree of the Government of the Russian Federation of April 5, 2021 N 410 )
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 for the purchase of 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.
Formula with description of variables and example of calculation
The amount of cash assistance for housing differs depending on the territorial district in which the person in need lives. The subsidy for an apartment is calculated as of the day on which it will be provided to the person.
Since the certificate is valid for only 6 months, it is better to calculate in advance the amount you can count on.
The formula consists of the following parameters: the cost per square meter of housing and the area, which, according to the state, is the minimum for a disabled person to live in, that is
X = Cm*Smin , where:
- Cm – cost per square meter;
- Smin – minimum area.
The state provides funds for the minimum living area for one disabled person - 18 square meters. The remaining amount must be paid independently.
Let's look at a specific example:
As of 2021, the average cost per square meter of living space in Moscow Region was 83,400 rubles. Then 18 square meters financed by the state will cost 1,501,200 rubles. According to the law, a citizen with disabilities must be provided with a certificate worth one and a half million rubles.
Assistance is provided by non-cash funds, which are transferred to the buyer’s personal account.
After receiving the subsidy, a person has 3 months to find a suitable housing option. In special cases, the period can be extended for another 2 months. If during this time a person has not found housing for which he has enough funds, he must return the certificate while retaining the right to receive it after a year.
As practice shows, after a year of insufficient funding it is no longer possible to receive help, so many disabled people of groups 1, 2, 3 live for years “on bags”, with all the prepared documents and a regularly updated list of housing available for purchase.
Documentation
Returning to the question of how a disabled person can get an apartment or subsidies for its purchase, we cannot help 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;
— a document on individual rehabilitation or a 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.
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
Last news
The Accounts Chamber of the Russian Federation presented a report on the results of the expert analytical event “Analysis of the implementation in 2018–2019 of measures to improve the living conditions of certain categories of citizens provided for by Federal Law of November 24, 1995 No. 181-FZ “On the social protection of people with disabilities in the Russian Federation” . The department came to the conclusion that the state is not fulfilling its obligations to improve the living conditions of people with disabilities.
As of the beginning of 2021, there were 42 thousand people with disabilities on the waiting list for improved housing conditions, who got on the waiting list before 2005. Among them there are no longer those people with disabilities who never got their turn to receive housing or improve their living conditions.
Those disabled people who joined the waiting list after 2005 are in an even more difficult situation. They are not allocated to a separate waiting list; in order to receive housing, they need to obtain low-income status. To date, 63 thousand disabled people who have been on the waiting list since 2005 are registered with local government bodies for housing. At the same time, about 2.5 million low-income citizens are registered with local government bodies for housing.
In 2021, only 3% of those on the waiting list improved their living conditions
“Due to long waits, people with disabilities often lose their right to improved housing conditions,” the report notes. – The number of disabled people deregistered for various reasons (independent solution of housing problems, death, loss of disabled status) significantly exceeds the number of citizens who received state support.
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%.
Features of apartments under a social tenancy agreement
Living quarters for citizens with the second group of disabilities must be special. To make the disabled person feel comfortable, they are prepared according to special requirements. In particular:
- Each apartment is equipped with devices that facilitate the movement of a person with disabilities.
- The area cannot be less than that provided for by the relevant standards.
- A special elevator and ramp are installed in an apartment building intended for the disabled.
When a person with disabilities is sent to a nursing home or to a rehabilitation center to restore his health, his apartment, received under a social tenancy agreement, remains inviolable for six months. The period is not limited if relatives of the disabled person live in the residential premises.
Important! Only those who can take care of themselves without problems and do not need help from a third party can count on receiving separate housing.
Group 2 disabled person - criteria
When a person becomes so ill that he needs official recognition of disability, he needs to undergo a special examination at the clinic, the Pension Fund, and social security authorities.
Criteria for disability group 2:
- A person has defects in the body or functional disorders, the nature of which is moderate (not clearly expressed). Health problems arose due to a previous (or obvious) illness or injuries.
- The patient needs rehabilitation.
- He periodically needs outside help and social support.
Important! Disability group 2 provides the opportunity to engage in work.
How to get housing benefit
Disabled persons are recognized as not provided with living space under the following conditions:
- the size of housing is below the established standards per person;
- non-compliance of living space with established requirements for sanitation and technical characteristics;
- living in an apartment of several families, among whom there are people with severe chronic diseases, their presence poses a health hazard;
- complete lack of housing;
The amount of the benefit is calculated using the formula: the average price per square meter in the region is multiplied by the standard living area (18 sq.m.). The market price of housing is approved every quarter by regional authorities.
Important! The exact figure is determined by the time the document was issued.
List of documents for receiving a subsidy
Payment of subsidies to disabled people occurs subject to certain documentation.
The package of documents is approved by regional authorities, so it may differ depending on the region of residence. Most often it includes the following:
- an official application for registration for an apartment;
- documents confirming the need for improved housing conditions;
- certificates from ITU confirming the assignment of a disability category;
- personal bank account;
- information from the house register.
To receive a subsidy for improving housing conditions on a general basis, you must provide the following package of documents:
- Passports of all family members;
- Birth certificates of children;
- Documents confirming family membership (marriage certificates, paternity certificates, name change certificates, etc.).
- Documents of ownership or confirming the right to use residential premises;
- Documents confirming family income;
- Documents confirming the grounds for recognition as needing improved housing conditions.
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.
Housing benefits
Disabled people have the right to receive a number of benefits from the state, some of which relate to housing conditions:
- provision of housing free of charge;
- allocation of subsidies to compensate for part of the expenses incurred by a citizen to purchase an apartment;
- providing discounts (the amount is indicated) for regular payments for housing and communal services, rental housing;
- allocation of land (a certain plot) for individual housing construction;
- provision of a separate summer cottage.
In practice, this is carried out by local authorities.
Typical mistakes when solving housing problems
Often a disabled buyer:
- He is in too much of a hurry to make a purchase and does not check the integrity of the sellers. As a result, problems with housing debts and living conditions cannot be ruled out.
- When filing a complaint with the court against officials who refused to register a disabled person with housing, he wasted time. It is limited to a month from the date of receipt of the written refusal.
Despite the fact that the state is not sufficiently interested in providing people with disabilities with housing, it is possible to realize their right. There is no need to be afraid of communicating with officials. But you shouldn’t be fooled by their verbal refusals and explanations. Communication should take place in the form of correspondence. It is wise to store all requests and responses received. Sooner or later the apartment will be received.
FAQ
Question No. 1. How long will a disabled person have to wait in line to get housing?
The timing of the provision of real estate from the social fund is not regulated by law. They depend on the number of people in front of the waiting list and the size of the budget allocated for construction annually.
Question No. 2. What to do if Social Security refuses to put you on the waiting list?
The refusal must be motivated in writing. If the reasons can be eliminated, the beneficiary must do this in order to re-submit documents for registration. In the event of an unmotivated refusal, the decisions of government agencies are appealed through the court through administrative proceedings.
