What is municipal housing - its pros and cons

Today, not everyone knows what a municipality is, since issues of territorial self-government are not often unnecessarily interested in, and the right to receive municipal housing is rarely used. Housing provided by the municipality is given to citizens for temporary use under a social tenancy agreement and belongs to the state. In other words, a municipal apartment is the property of the territorial government, so residents experience not only the advantages of such housing, but also the disadvantages of limited rights.

The following groups of low-income citizens and benefit categories have the right to receive municipal housing for temporary use:

• orphans who do not have an official guardian;
• military personnel;
• war veterans;
• individuals resettled from emergency residential buildings;
• victims during the liquidation of the Chernobyl nuclear power plant;
• victims of natural disasters;
• migrants from the Far North;
• migrants;
• citizens with chronic and dangerous diseases for the population.

At the same time, despite the laws, the above groups of the population of the Russian Federation must independently fight for their right to receive adequate living space. This means that you need to document your belonging to preferential citizens.

What is municipal housing - general information

Municipal housing - what is it?

What is a municipal apartment? Municipal housing is usually called an area that is the property of a particular locality and is issued to certain persons on the basis of a social tenancy agreement. These apartments usually include the following sites:

• They are owned by local authorities.
• Built at the expense of the local budget.
• Transferred to the ownership of the municipality by other owners.

The executive and administrative body, with the rights of an owner, can dispose of municipal premises.

This procedure also applies to apartments that are intended for long-term or periodic accommodation of people. In addition, the category of free housing includes residential sites whose purpose is social use under a social contract. hiring

Apartments rented from the state can be transferred into the ownership of citizens through the privatization procedure. But this is a one-time right. From 2021, privatization has become unlimited. In other words, free living space can be privatized at any time.

Who can be given the property of a territorial body for use?

State housing by law is provided to social strata of the population whose representatives do not have sufficient means for subsistence and to other categories of people, of course, subject to the norms of area per person.

This indicator is determined by the regional administration, and in most options it is not less than 16 m2. If a person needs additional square meters due to poor health and the need for additional equipment, or for work, then an exception can be made.

Those identified as requiring increased space are identified by authorities at the local level. These include the following categories of people:

• If you have an apartment with an area smaller than required.
• The house does not meet sanitary and technical standards (the housing is in poor condition).
• If you live in a communal apartment or hostel together with people suffering from dangerous diseases.
• Communal apartments that are not isolated from other residents.

This list may be wider. It all depends on the laws of the region of each of the subjects. In addition, according to the law, the following categories of people can count on renting public housing:

1. Military personnel in reserve.
2. Large families (3 children or more).
3. Veterans of war and labor.
4. Some categories of disabled people.
5. Low-income people (whose cost of living does not reach a certain limit prescribed by federal law).
6. Orphans.
7. Relatives of those killed in combat.

Local administration bodies must keep records of such persons. But this does not mean that you do not need to fight for the right to rent housing.

Features of use

His family is allowed to live together with the tenant, but with the proviso that everyone living acquires the same rights and obligations along with the tenant.

Divorce does not have any effect on rights and obligations. A person living on state property is obliged to:

1. Use the housing for its intended purpose (for living).
2. Strive to keep the apartment intact (do not destroy walls, do not remodel).
3. Make technical and cosmetic repairs to the living space in a timely manner.
4. Pay all utilities and rent on time (debts on utility bills can cause eviction from public property).
5. Notify the administration in advance about changes in your family in order to make amendments to the current contract.

For beneficiaries, adjustments and recalculation of utility tariffs can be made, but the employer is obliged to pay all debts on time.

Living in state property

If major repairs are planned, then residents of government premises can hope to be provided with another residential area while the repairs are ongoing without terminating the current contract.

In addition, an adult family member has the right to apply to appoint his person as the employer in place of the previous citizen.

This option is provided in the event of the death of the previous party to the contract. A change of employer can only occur with the permission of all parties to the contract.

Pros and cons of living in state property

Living in free housing has its advantages and disadvantages. First, let's look at the positive aspects:

1. There is no need to pay public housing tax.
2. Major repairs are also carried out from the state budget.
3. It is also possible to improve living conditions at the expense of the state.
4. It is guaranteed that you can get a replacement living space in case of unforeseen situations.
5. Benefits and discounts on utilities are possible.
6. Protecting the state from fraud.
7. Privatization right.

Comparison

The ability to take over ownership of housing from the state provides important advantages. If before such a transaction a person was very limited in carrying out any transactions with housing, then after the procedure he is free to perform any desired actions in this regard.

Someone, for example, decides to bequeath or donate a privatized apartment. Others sell such real estate for material gain or pledge it to a bank when taking out a large loan. All this is in no way contrary to the law. Meanwhile, such actions cannot be taken in relation to housing owned by the state.

Articles on the topic (click to view)

• What is common property in an apartment building?
• What is apartment privatization and why is it needed?
• What does privatization of an apartment mean?
• How to confirm ownership of real estate
• The deadline for apartment privatization has been extended until 2021
• Meeting of owners of non-residential premises in a non-residential building: minutes
• The owner of non-residential premises bears the burden of maintenance

The difference between a privatized apartment and a non-privatized one is also that in the first case a citizen will not be forcibly evicted due to accumulated debt for utilities. In such a situation, they can only seize the property. But if the apartment is not privatized, then for the above and other reasons the authorities have the right to take it away and provide in return premises that meet the size of the hostel standards.

The person himself decides who to register in the apartment registered in his name. In addition, if a will is not drawn up for it and the owner dies, then the housing automatically passes to the heirs in the manner prescribed by law. At the same time, anyone who uses a non-privatized apartment must take care of writing a will in advance if he wants these square meters to be transferred to a specific person in the future, and not to go to the state.

It should be noted that privatization is most often a profitable deal. But at the same time, there are cases when it turns out to be inappropriate. For example, it is most likely not worth taking such a step to sell a communal apartment. There is still a chance to get help from the authorities to improve the existing conditions, but you can wait a long time for someone to buy such housing without success.

The system of necessary payments for a particular housing status has its own characteristics. Let's consider what the difference is between a privatized and non-privatized apartment, if we compare them from this position. Thus, ownership of private living space entails the obligation to pay property tax. Here you also need to pay your own money for repairs and other maintenance.

In the case of municipal housing, the user is exempt from such expenses, but he will have to pay a certain amount for rent. It is important that for low-income citizens living within the walls of state property, some payment benefits are provided. In general, for a single person, without potential heirs and not too rich, obtaining personal ownership of living space may be unnecessary.

What else can make you doubt the need for privatization? Knowing that in the event of various undesirable incidents, such as a fire or collapse, owners of private apartments can only rely on themselves. It is best to insure such property. And if an unpleasant situation occurs with municipal property or the house is demolished, the former residents receive other housing in return, sometimes even more spacious. The second option is monetary compensation.

How to find out your order

Housing is issued by submitting documents and waiting your turn. Certain categories of people can receive the coveted square meters out of turn.

But before you contact government agencies, you must prove that you are low-income and generally suitable for this program. To do this you need:

1. Confirm your status as a low-income person or a beneficiary.
2. Receive documents from the Bureau of Technical Inventory (BTI) that will confirm the availability of living space that needs improvement. Clarify the standard area per resident in regional authorities (this indicator varies in different regions of the Russian Federation).
3. Submit documents to the administration confirming the need for social housing.
4. After a positive response, additional documents and certificates are submitted. In each region they are individual.

Once your family is recognized as low-income and placed on a waiting list for social housing, you need to be careful. Namely, to meet the requirements of a low-income family.

In this regard, a low-income family should not buy real estate or register other persons in the current apartment. Such an action may lead to the idea that you are deliberately worsening living conditions.

When a family is registered, it receives a serial number. Then you must periodically provide information about yourself to the relevant authorities and also confirm your low-income status.

To find out your location in the queue, you can submit an application to the administration, or check the information on the official website of the property department.

Can they evict

Eviction of a tenant, that is, termination of a social tenancy agreement, is carried out in accordance with the provisions of the Housing Code of the Russian Federation (Article 84).

The reason for this could be:

• lack of utility payments for more than 6 months;
• causing significant damage to the occupied housing by the tenant or one of the persons for whom he is responsible;
• regular violation of the rights of neighboring citizens (if there is documentary evidence of this fact);
• use of the premises for non-residential purposes;
• change of housing status from residential to non-residential (of which the tenant must be notified in advance);
• recognition of housing as unsafe and unfit for habitation.

In the last two cases, instead of the previously provided apartment, the tenant receives another with similar characteristics.

And if the reason for eviction was utility debts, then the offenders are provided with a hostel.

In other cases, the municipality is not obliged to provide other housing, but citizens can only be evicted from an already occupied apartment through a judicial procedure.

Through the court

To evict a tenant (regardless of who the owner of the property is), you must file a claim in court.

If there has been a violation of the rights of other citizens, then the first thing you need to do is call the local police officer, who will be able to record the violation, which will become the basis for appealing to the courts.

The claim will be filed at the place of residence of the tenant, and the owner of the apartment will act as the plaintiff.

A copy of the statement of claim will be sent to the defendant (employer). The case will be considered by the city or district court department.

All accusations against the employer must be proven, otherwise they will not be taken into account.

If there was an attempt to resolve the issue pre-trial, then information about this will also be presented in court.

If the court confirms the legality of the eviction demands, the bailiffs will receive a writ of execution with the appropriate decision, after which they will begin to initiate enforcement proceedings (that is, they will evict the offender from the apartment).

The owner cannot evict a person from an apartment who has lived in it for less than a month.

Features of eviction from social and privatized housing

Depending on what violation the citizen living in the privatized apartment committed, the following may be involved in the eviction process:

• police officers (if the rights of neighbors living in the same house were violated);
• specialists from sanitary control (if the owner suffers from alcohol or drug addiction);
• employees of guardianship and trusteeship authorities (if among the residents there are persons under 18 years of age).

Each of the involved specialists will draw up a report that will be attached to the statement of claim as evidence. These persons will also act as witnesses during the trial.

If the defendant is only registered in the apartment, but does not own it (in whole or in part), then eviction is much easier. The plaintiff only needs to submit an application to the court demanding that the citizen be forcibly removed from the registration register in this residential property.

What rights does registration in an apartment give? How to draw up a deed of gift for a share in an apartment? Find out here.

All actions to evict from social housing are taken by the owner of the apartment - the municipality, but only after an appeal from neighbors whose rights have been violated.

However, neighbors must confirm that this appeal was made after they tried to resolve the situation out of court.

Documentation

Documents for free housing

In order to qualify for free housing, you need to collect and prepare a list of documents.

It is worth noting that it may vary in different regions - this point should first be clarified with the administrative authorities. The main documents include:

1. Application for registration.
2. Passport and birth certificate (for children).
3. Marriage certificate.
4. Certificate of family composition.
5. Certificate of absence of other housing.
6. Information about the income of all family members.
7. SNILS of all family members.

Possibility of privatization

All people who have been registered in public housing are entitled to a one-time free privatization process. Privatization is a form of transformation of state property into private property.

To draw up an agreement on the privatization of residential premises, the consent of all residents over 14 years of age is required. It is worth noting that if minor citizens participated in free privatization, then they have the right to another free privatization in the future.

The conversion process is prohibited if the housing leased from the state is in disrepair or does not meet other technical requirements.

It is worth saying that starting from 2021, privatization was made indefinite.

Inherited or not

According to the law, in the event of the death of a tenant, the apartment is returned to the state. Only personal property of citizens can be inherited by law.

There are exceptions to this rule:

1. If family members of the main tenant are registered in the premises, they continue to use the apartment and no one will evict them.
2. If relatives are not registered in the premises, but they have a will drawn up by the deceased tenant with an order for privatization. Such paper serves as the basis for transferring housing to heirs.

In other cases, relatives will have to leave the apartment.

Is eviction possible?

The legislation of the Russian Federation provides for several eviction scenarios:

• Eviction to more favorable or equal conditions. This method is used in emergency measures. For example, the emergency condition of housing that needs to be demolished or if a large number of people live in this apartment in relation to the area.
• Relocation to less comfortable housing. This type of punishment is taken against utility debtors.
• The final eviction of citizens with a further ban on receiving municipal housing.

The most extreme measures that the court can take is to evict the residents directly onto the street. Such measures may be taken in the following cases:

• Deprivation of parental rights (a situation that threatens the life and well-being of minors).
• Use of living space for purposes other than its intended purpose.
• Damage to residential premises along with refusal to pay for the damage.
• Periodic violations that were registered by the district police officer.
• Constant complaints from neighbors.
• Completion of the social tenancy agreement.

Questions and answers

Everyday situations are rarely as clear-cut as those described in legislation. This means that they require some additional explanation.

Granddaughter registered

If a granddaughter, living in an apartment with her grandmother, is registered not as a family member, but as a person registered at the request of the tenant, then it can be argued that this provision does not give her the right to re-register municipal property to herself.

To solve this problem you need:

1. Apply for a social lease agreement for your granddaughter (most likely, the application will be rejected);
2. Submit a statement of claim to the court, attaching to it a written document confirming the refusal to re-register, and papers proving the existence of a relationship between the grandmother and granddaughter.

Based on the court ruling (if it is in favor of the plaintiff), the granddaughter will be able to draw up an agreement in her name.

Caring for an elderly mother

If an elderly mother is the tenant of a municipal apartment, and she is looked after by a daughter who is not registered at the same address, then her rights to the living space after the death of her mother will not be retained, since this conflicts with the Housing Code of the Russian Federation.

The only option to resolve the situation is to declare the mother incompetent.

Is it possible to replace heating pipes in an apartment through the housing office if the housing is privatized? What documents are needed to register ownership of an apartment? Find out here.

How to write a receipt for receiving money for renting an apartment? Read on.

In this case, the daughter can establish guardianship over her.

The guardian has the opportunity to privatize housing on behalf of his ward.

Once municipal property becomes private, it can simply be inherited upon the death of the owner.

Obtaining a municipal apartment may be associated with certain difficulties, but they can be resolved, guided by the legislation of the Russian Federation.

The result of such efforts will be the opportunity to live in a separate apartment, and perhaps its subsequent registration as private property.

What happens to the rented apartment after the death of the tenant?

It has been repeatedly stipulated that a municipal apartment cannot be sold, exchanged, donated, or left as an inheritance.

And after the death of the tenant, the premises remain the property of the state. But, any immediate relative can re-register the housing in their name also as a municipal one.

If no other citizens lived with the deceased, then the municipality has the right to provide this apartment to other people in need.

In conclusion, I would like to note that obtaining a social apartment is a labor-intensive and tedious process. But if you are a beneficiary or have other advantages, then it’s worth a try.

And one-time, free privatization will allow you to manage your property - you can sell it, exchange it, or leave it as an inheritance.

What is a council house? Who can get municipal housing:

See also Telephone numbers for consultation March 30, 2021 kasjanenko 1545

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Legislation

In 2021, the State Duma adopted a new series of laws. According to one of them, a municipal apartment is housing that can be privatized by citizens of the Russian Federation at any time convenient for them. Previously, a limited period was allocated for the privatization process.

Today, thanks to regulations, low-income citizens can get their own housing, regardless of time.