In some cases, citizens living in their own, rented or other premises legally provided to them cannot be in them for one reason or another. For example, the construction in which the apartments are located requires major repairs. Necessary measures cannot be carried out in the presence of owners / tenants. In such cases, they move to premises included in the maneuverable housing fund. This is a kind of alternative to apartments occupied by citizens. Let us further consider what it is.
Maneuvering housing fund - what is it?
It is a complex of premises, which is in municipal or federal ownership. The provision of housing for the maneuvering fund is carried out in accordance with the social rent / rental agreement. The basis for obtaining premises is the impossibility of being in one’s own house (apartment, room) or occupied on other legal conditions.
Characteristic
The maneuverable housing fund is a complex of premises that comply with fire and sanitary standards, as well as other requirements established by law. Creating it belongs to the competence of the owner or institution acting on his behalf. The latter, in particular, may be a federal or municipal institution of power.
Nuances
A maneuverable housing stock is premises that, like any others, require some funding to ensure the proper conditions in them. In this regard, if the citizens who resettle in them, the rent is not charged at the same permanent address, then utilities are paid at the temporary location. The federal government and regional / municipal authorities establish the procedure by which temporary accommodation is provided. Relocation from emergency housing to a maneuvering fund within a specific territory can be carried out according to special rules. However, they must not be contrary to federal law. With all persons, a social loan or lease agreement is concluded. The agreement is drawn up for a specific period. The end date will be the day the overhaul is completed at a permanent address or other reasons that caused the move to fall away.
Term
It depends on the reason for which the premises included in the maneuverable housing fund were provided . It could be:
- Waiting for final compensation for harm to citizens who have lost their premises due to emergency and other unforeseen circumstances.
- Overhaul of the building in which the owner’s apartment is located.
- Waiting for the final settlement of persons with financial and credit organizations that have levied a penalty on the premises of the owners.
Special cases
More recently, quite often you could hear about defrauded equity holders. These people invested their money in the construction of apartment buildings with the expectation of getting a new room with improved conditions after a while. However, many companies disrupted the construction schedule or completely disappeared with all the savings of citizens. To resolve the situation, several federal and regional acts were adopted. And although today, cases of violations by developers of their obligations are not so common, the law provides for the provision of premises for injured citizens for temporary residence. To find out where the housing of a maneuvering fund is provided to defrauded real estate investors , it is necessary to contact local authorities. As a rule, in such situations, citizens unite and jointly assert their rights, including through the court. Until the end of the proceedings, the municipality relocates those in need of the premises of the fund. In particular, this is necessary for those who sold their property, transferred the money to the developer, and he himself was forced to occupy the area with relatives or acquaintances.
Social recruitment
In fact, it means the conclusion of a lease agreement between the owner and user. The latter, along with the premises, receives some rights. In particular, he can live in it, use it to satisfy his domestic needs. In this case, the disposal of the premises is not allowed. This means that, as in the case of a lease, the entity cannot sell, donate, exchange and sublease it. The tenant under the contract is a citizen, and the owner is the municipal authorities.
Rules for obtaining
The procedure for registering a social housing loan is carried out, as was said above, in accordance with government decrees and regulatory acts of regions and municipalities. Direct decision on the allocation of premises takes a special commission. Its competence includes the distribution of immovable objects as a whole (not only from the maneuvering fund). To obtain premises for temporary use, the interested entity must apply to the commission with a statement. Together with a request for housing, he must indicate the circumstances under which it is impossible to be at a permanent address.
Documents
Some papers should be attached to the application. Among them:
- A document confirming the circumstances under which residence at a permanent address is not possible. This can be a certificate of fire, overhaul, a bank statement on the seizure of the premises in connection with the imposition of a penalty on him, etc.
- The birth certificate and passports of family members who live together with the applicant.
- Certificate of registration of citizens at the place of permanent residence. This document is also provided to all family members.
- A document certifying the absence of the property of the applicant and his relatives of another premises suitable for living.
The specified list is considered basic. In regions and municipalities, authorized bodies may additionally require:
- Sv-va of divorce / marriage.
- Extracts from the registration certificate, house book , etc.
Decision-making
If, based on the results of the consideration of the submitted papers, the commission refuses the applicant, a corresponding notification is sent to him. In the notice, the authorized structure explains the reasons why such a decision was made. If the subject considers that the refusal violates his rights, he has the right to go to court. If the decision is positive, the applicant is sent to the commission, where he finds out information about the legal status of the housing and its legal affiliation. If the allocated area satisfies the wishes of the applicant and meets the requirements of the law, an employment contract is concluded. At the same time, you should know that the norms set the minimum footage per person - 6 m. The contract indicates the cost of employment and its duration.
Eviction
It is possible by agreement of the parties. If the tenant initiates the eviction, then the termination of the contract is allowed at any time. It is not so easy to stop hiring the owner. He can terminate the contract only at the end of the period specified in it or if the user admits violations of the terms of the agreement. At the same time, legislation establishes a series of prohibitions on eviction. It is not allowed to deprive the area:
- Military personnel and their relatives.
- Retired and disabled with 1 or 2 groups.
- Family members of a deceased employee who received an office apartment.
Also orphans cannot be evicted. Voluntary refusal of housing from the maneuvering fund by military personnel is allowed if he presents documents that have a different area suitable for permanent residence.