Legal relations arising in the housing sector are regulated by the Housing Code , as well as regulations adopted in accordance with it. The current LC replaced the Code of 1983. Many of its articles have undergone significant changes.
One of such amended standards is an article establishing the grounds for recognizing certain categories of people as needing housing. In the previously existing Housing Code , art. 29. In the modern Code, foundations are enshrined in article 51. Consider its features.
Art. 51 Housing Code of the Russian Federation: grounds for declaring housing in need
Persons in need of housing provided under social tenancy agreements are considered citizens who are not tenants of premises under social tenancy agreements, agreements on the rental of housing facilities for social use, relatives (relatives) of an entity that has entered into one of these agreements. In addition, they recognize persons:
- Being employers under the above agreements or family members of the person who concluded one of them, if one person has an area less than the accounting norm.
- Living in a room that does not meet established requirements.
- Being tenants (their relatives) under the above agreements, owners of premises living in an apartment occupied by two or more families, if the family includes a person suffering from a disease in a severe, chronic form, in which it is impossible to live with him on the same living space, and persons have no other object to stay. The list of relevant pathologies is established by the executive power structure authorized by the government.
As established in Part 2 of the norm, if a citizen (family members) has several premises on the basis of ownership or in accordance with a social rent or rental agreement for social housing facilities, the assessment of the level of security is carried out in accordance with the total area of all these premises.
Art. 51 LCD RF with comments
The provisions of this norm are applied in assessing the level of security of both the poor and other categories of citizens specified in federal laws.
It should be noted that in comparison with the previously existing norm that determined the grounds for recognizing citizens as needing housing, the list of Art. 51 LCD RF is slightly reduced. In particular, there is no case of two or more families living in adjacent uninsulated rooms in the absence of family relations between them. However, the grounds enshrined in the current Article. 51 LCD RF , have a universal character. According to experts, they also cover cases provided for in the previous Code.
Office space
According to the 13th article of the Introductory Law, persons holding official housing, as well as rooms in dormitories provided to them before the modern Code is enacted, are or are entitled to be, according to paragraph 1 of Art. 51 Housing Code of the Russian Federation , registered as in need of housing. Accordingly, their eviction without the provision of other premises is not allowed, if the corresponding rule was enshrined in the previously applicable law.
The categories of people evicted from such premises were established in Articles 108 and 110 of the Housing Code of 1983.
Accounting rate
It is referred to in paragraph 2 of Art. 51 LCD RF . The rules for determining the total area of the premises are disclosed in the 5th paragraph of the 15th article of the Code. The term "accounting rate" is defined in Art. 50. Under it is understood the minimum size of the area, in accordance with which the total area of the object provided under the social loan agreement is determined.
The provision rate is established by the authorized territorial authority. The value depends on the level of housing provision achieved in the respective municipality, as well as other significant factors.
Accounting norm - the minimum size of housing, in accordance with which the degree of security is determined for registration of persons as needy.
Federal laws, presidential decrees, regulatory acts of the regional level, regulating the rules for providing housing to citizens, may provide for other accounting standards. However, the value cannot be greater than the provision rate.
Compliance with the requirements
Requirements for housing are present in section. II of the regulation fixing the rules for declaring an object unsuitable for living, an apartment building is emergency and, therefore, subject to demolition / reconstruction. This provision was approved by government decree No. 47 of 2006.
Accordingly, in order to apply the provisions of Article 51 LC RF , the fact of non-compliance of the premises with the established standards will be of importance. The fact that an object is owned or used under a social loan agreement is not taken into account. Non-compliance of the premises with the requirements established in the regulation must be documented.
Living with people with dangerous pathologies
In order to implement the provisions enshrined in Clause 4, Article 51 RF LC , the List of forms of diseases was approved, the presence of which among citizens makes living together with them impossible.
These include:
- tuberculosis (active forms with the release of mycobacteria);
- malignant lesions accompanied by discharge;
- protracted and chronic mental pathologies with often exacerbating or persistent manifestations;
- epilepsy with frequent seizures;
- gangrene of the extremities, gangrene / necrosis / abscess of the lungs;
- gangrenous pyoderma;
- intestinal / urethral fistula;
- multiple skin lesions with copious discharge.
The specified list is closed. In severe forms of other chronic diseases, the provisions of paragraph 4 of Art. 51 LC RF are not applicable.
2 part of the 51st article
Part 2 establishes that if a person / family member owns several premises on the basis of ownership or under a social rent / lease agreement for a social housing facility, their area is summed up when assessing the degree of security.
According to experts, the idea embodied in the second part of Art. 51, can be considered correct. However, a number of gaps do not allow an unambiguous positive assessment of the provisions.
The fact is that the norm does not disclose details regarding family members. In particular, it is not clear which of the persons can be considered as such. Do family members relate only to relatives living together with a citizen, or any persons who are closely related to him?
It seems that the assessment of security in each case will be given by officials at the local level at their own discretion, taking into account regulatory requirements. Lawyers, however, suggest applying the law by analogy, which is allowed by virtue of Art. 7 LCD, and be guided by Part 1 of Article 69 of the LCD.
Social loan agreement
It is mentioned in the 60th article of the LCD. According to the norm, under a social lease agreement, one participant - the owner of an object belonging to a state / municipal housing fund or a person authorized by him, accepts the obligation to provide another person - a tenant (citizen) in the possession and use of premises for living on the conditions specified by the Housing Estate.
This agreement is concluded without establishing a period of validity.
Changes in the conditions and grounds granting the right to obtain housing under a social lease agreement are not considered grounds for its termination.
Landlord Responsibilities and Rights
They are enshrined in the 65th article of the LCD. According to the norm, the landlord has the right to require the tenant to make timely payments for utility bills and housing. In this case, the person is obliged:
- provide the tenant with a room free from other persons;
- participate in the repair and proper maintenance of the common property of the MKD (apartment building), in which the premises transferred to the second side are located;
- carry out major repairs;
- to provide the employer with the utilities necessary to meet his household needs, of appropriate quality.
This list is open. Other duties are established by other norms of the Housing Code, as well as by social security agreement.