In Art. 19 LCD explains what a specialized housing stock is. In accordance with the norm, it is a complex of housing transferred to citizens of certain categories. The provision of specialized housing is carried out in accordance with the rules established in the LCD.
Composition
The specialized housing fund includes the following areas:
- Service type.
- In dormitories.
- Maneuverable fund.
- In the houses of the social welfare system of citizens.
- Fund for placement for a certain time of internally displaced persons.
- In the houses of the social security system.
- Fund for the resettlement of citizens recognized as refugees.
Dormitories
These dwellings of a specialized housing fund are intended to accommodate:
- employees;
- workers;
- pupils / students;
- other citizens for the period of their professional activity or training.
The legislation allows the provision of residential premises of specialized housing for single people, young families. Student dormitories are intended for the resettlement of nonresident interns, doctoral students, graduate students, students of university departments and postgraduate faculties, additional vocational education for the period of study.
Service areas
These dwellings of a specialized housing fund are intended to accommodate citizens in connection with the specifics of their labor relations with a state agency, local government structure, and unitary enterprise. Such areas shall be transferred to persons undergoing civil service appointed to a public post of regional significance. They also resettle persons appointed to elected posts of state authorities or local governments.
Maneuverable housing facilities
They are intended for temporary accommodation of citizens:
- Evicted from a permanent place of stay in connection with the reconstruction or overhaul of the house.
- Those who have lost their living space in connection with foreclosure on them, acquired at the expense of the loan funds of a bank or other financial institution or a special-purpose loan provided by a legal entity to purchase them, and pledged as security for the return of the indicated amounts, if at the time of fulfillment of the requirement they are the only address of residence.
- Apartments and rooms which have become unsuitable for operation. In this case, citizens are resettled in the premises of a specialized housing stock, if the indicated areas were the only place of their stay.
It should be noted that the above list is not considered exhaustive. Other categories of citizens who are entitled to apply for the areas constituting a maneuverable specialized housing fund may be determined in the legislation.
Other cases
Municipal specialized housing stock includes areas intended for temporary accommodation of citizens recognized as refugees or internally displaced persons. The corresponding status should be established in the manner prescribed by law, and be documented. Specialized housing funds also comprise the areas used to provide social protection and social services for citizens recognized as needing such support. As in the previous case, their status should be established according to the rules provided for by the norms and confirmed by relevant documents. Categories of people in need of special social protection are determined by federal and regional laws.
Settlement Features
Assignment to a specialized housing fund implies a number of special rules for the placement of needy citizens on housing. In particular, they are valid for cases of resettlement of people from houses in which reconstruction or overhaul is being carried out. The areas designated for these purposes must meet technical, fire and sanitary requirements. The assignment of the premises to a specialized housing fund is carried out by decision of the owner or body authorized by him. Temporary accommodation for the period of reconstruction or repair is allowed only if the work cannot be carried out in the presence of citizens in the building. Persons residing in the premises of the maneuvering fund are required to pay utility bills if it is not transferred for the previously occupied areas in which the above activities are carried out. The use of apartments and rooms is terminated after the completion of repair work or reconstruction.
Dates of placement
The procedure in accordance with which the resettlement is carried out is established by the government and regional executive structures. Residential premises are provided at the rate of not less than 6 m 2 per person. The resettlement of citizens is documented. In particular, a lease agreement for a specialized housing fund is being drawn up. The document is signed before the end:
- Overhaul or reconstruction of the structure (upon execution of an agreement with citizens defined by Article 95 of Part 1 of the Housing Code).
- Settlements with persons who have lost their living space in connection with foreclosure on them, after their sale. This period is valid if the contract for the rental of a specialized housing fund is concluded with citizens, the circle of which is defined in Part 2 of Art. 95 LCD
- Settlements with persons whose sole living space has become unsuitable for permanent residence due to extraordinary circumstances, in the manner prescribed by the Code and other federal laws, or until they are allocated apartments / rooms by state bodies or local authorities. This period is valid for citizens whose categories are defined in part 3 of article 95 LCD
Another term for concluding the contract is provided for by other norms if the document is signed with the persons specified in part 4 of Art. 95. The end of the established period acts as the basis for the termination of the agreement.
Allocation of office space
Apartments / rooms included in the specialized housing fund can be transferred to citizens for use for the period of their job performance as civil servants, elected officials. Accordingly, the termination of relations with the tenant, the dismissal or the expiration of the term of office acts as the basis for terminating the operation of the allocated area. Service premises shall be provided by decision of the management of the institution, enterprise, organization, management structure of the cooperative or other public association under whose jurisdiction it is located. In accordance with the specified act, a citizen is issued a warrant for housing.
Documents
To obtain office space, a citizen presents:
- The contract.
- An employment contract with a municipal or state enterprise / institution.
- A document confirming the appointment to a state post.
- The act of election to an elected post in a state body or territorial structure of power.
Eviction
Rooms / apartments are provided to employees for the period of their professional activity or to students for the duration of their studies. After the deadlines set out in the contract or agreement, citizens are subject to eviction. However, they are not provided with another room for living. The legislation provides for the allocation of space and other categories of citizens. There are special rules for these individuals. In particular, the norms determine which categories cannot be evicted from the premises of a special housing fund without providing them with other areas. Among them:
- Disabled people of the Second World War and other military operations who have been injured in the performance of military duties or in connection with a disease caused by being at the front.
- Participants of the war, who were in the army.
- Families of partisans and military personnel missing or killed.
- Persons with disabilities from among citizens of the commanding and rank-and-file composition of the bodies of the Ministry of Internal Affairs who received concussions / injuries in the line of duty.
- Families of the military.
- Citizens who have worked in an institution, in an enterprise, in an organization that has provided premises for at least 10 years.
- Persons dismissed from a post in connection with their stay in which they were allocated living space, but who did not stop working with the employer, by whose decision it was obtained.
- Retired by age.
- Relatives of the deceased employee of the enterprise, which was allocated housing.
- People with disabilities 1 and 2 gr., As well as from among the military personnel and persons equated to them.
- Single citizens with minor dependents living with them.
Contract execution
In accordance with the agreement, one party - the owner of the living space or an entity authorized by it - agrees to provide the other - to the citizen - a room / apartment for use and possession for a temporary stay for a fee. The contract of employment is drawn up on the basis of the relevant decision. The document defines the subject of the transaction, obligations and rights of the parties. The citizen to whom the premises are transferred cannot exchange and provide them in a sub-lease. The agreement shall indicate the family members of the person to whom the apartment / room is allocated. The contract is executed in writing. Standard forms of the document are approved by the Government.
Termination of agreement
It is allowed at any time before the expiration of its validity by agreement of the parties. The owner has the right to terminate the contractual relationship with a citizen in court. This is allowed in case of non-fulfillment by the latter and his relatives, who are on the living space together with him, of the obligations established by the agreement, as well as in cases specified by Art. 83 LCD The document also expires due to the destruction of the premises and on other grounds provided for by the Code.
Additionally
Transfer of ownership rights to the office premises of a specialized housing fund or a dormitory room, transfer of the indicated areas to operational management / economic management to other legal entities entails termination of the contract. The exceptions are cases where the new owner or organization that received the apartment is a member of the employment relationship with the employer.
Conclusion
The use of premises allocated from a specialized housing fund in accordance with rental agreements is carried out in accordance with the rules established in Art. 65, 69 and 67 (parts 3 and 4) of the LCD. An exception is cases of the exploitation of housing, to which the procedure established by Art. 65, Article 31 (parts 2-4) and Art. 67 (h 3-4). It is the responsibility of citizens using apartments / rooms to maintain a satisfactory condition. Subjects are required to pay utility bills and make other deductions specified in the contract. In the event of failure to fulfill their duties, the management of the enterprise, institution or authorized body, by the decision of which housing was allocated, has the right to decide on the eviction of persons through the court. Such an action is allowed in case of gross violation of the operating rules after repeated warnings. Decisions of these structures may be appealed in court. After the termination of the contract, the premises must be returned to the owner.