Not everyone knows what a municipality is. An ordinary person is not interested in the features of territorial self-government. Consequently, he is not interested in the question of whether he has the right to obtain municipal housing. But in vain. Today, not everyone can afford to buy housing with adequate living conditions. Many families take a mortgage or rent an apartment. To improve their living conditions, you can use the alternative - to settle in a municipal apartment. What it is? How to draw up a contract? What are the features of such a residence? About everything - in order.
Municipal apartment - what is it?
It is easy to guess that the municipal apartment belongs to the state. The municipality provides it for temporary use to those citizens who have previously concluded a social hiring agreement.
Parties to this agreement: the tenant (a citizen who needs housing) and the landlord (state body or municipality). Subject of the contract - an apartment or other housing that is provided for temporary use.
Legislation
In 2018, the State Duma adopted a new series of laws. According to one of them, a municipal apartment is that housing that can be privatized by citizens of the Russian Federation at any time convenient for them. Previously, a limited time was set aside for the privatization process.
Today, thanks to regulations, poor citizens can get their own housing, regardless of time.
Who can get
Municipal apartment - this is housing that is given to a certain group of poor citizens and people from privileged categories. Directly to receive a municipal apartment may apply:
- Orphans without an official guardian.
- Military personnel.
- Veterans of the war.
- Individuals who were resettled due to the emergency condition of a residential building.
- Affected by the liquidation of the Chernobyl nuclear power plant.
- Affected by natural disasters.
- Migrants from the Far North;
- Immigrants.
- Citizens who have chronic and at the same time dangerous diseases for others.
The above population groups should use their right to receive housing from the state. Belonging to a certain preferential category must be documented.
What is municipal housing: pros and cons
Like any property, a municipal apartment has its positive and negative sides. Let's consider them in more detail.
pros | Minuses |
- There is no tax on municipal housing.
- The state carries out capital repairs.
- You can improve your living conditions at public expense.
- Guarantee to get a new apartment in case of emergency, which led to a living condition unsuitable for life (for example, there was a fire).
- Benefits for utilities.
- State protection from fraudsters.
- The right to privatize an apartment.
| - Municipal apartment is the property of the state. It is impossible to exchange or sell it.
- It is impossible to rent a municipal apartment without the knowledge of the management company.
- After the death of the owner of the municipal apartment, the living space goes back into state ownership with the eviction of other citizens (not registered).
- If there are complaints from neighbors, then the municipal apartment can be taken.
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Municipal apartment is a salvation for low-income groups of citizens of privileged categories: pensioners, large families, disabled people. The huge advantages of owning a municipal apartment in many ways overlap the cons. However, getting such a property is quite difficult.
Military personnel have the right to apply for municipal housing only after 20 years of service or after 10 years for a preferential category.
Orphans receive a municipal apartment upon reaching adulthood. After 5 years after receiving the orphans have the right to privatize the apartment.
How to get the
The legislation spells out clear conditions that must be met by citizens who are eligible to receive municipal housing. A positive decision will be made only if the applicant is a beneficiary.
Each submitted application is checked for compliance with the following criteria:
- Does the citizen have other property in the property for residence.
- Applicant's living conditions at the time of application. In this case, an advantage for those who live in an apartment in disrepair.
- Does the applicant live with someone else at the time of application (if the citizen has a chronic dangerous disease, relocation is relied on).
- How many square meters per person living in the applicant’s apartment - if less than 10 square meters, this may affect a positive answer.
The state, together with the social protection authorities, when considering a number of applications, first of all gives preference to low-income citizens.
You can get low-income status in any region of the Russian Federation, depending on different requirements and average income in the region.
When calculating the monthly income of a family, the income of each member is taken into account, regardless of whether they live in the same apartment or house or not.
Who has the right to reside
Equal right to reside with a tenant (preferential categories of citizens were indicated above) are received by members of his family: spouse, parents, children.
Also, close relatives who have settled at the same time as the tenant can live in the apartment.
When the employer and his family members conclude a social contract of employment, they are vested with the rights and obligations that are regulated in art. 67 and 69 LCD RF:
- The use of the municipal apartment is strictly for its intended purpose (only reside).
- Ensuring the safety of the dwelling and the property in it (if it was also transferred to use).
- Support for an acceptable appearance of the premises (regular cosmetic repairs).
- Filing an application for overhaul of a building at the state’s expense (to insulate a house, replace communication systems, repair a roof), if necessary.
- Timely payment of utilities.
You cannot sell, give, bequeath or exchange a municipal apartment.
Features of use
Municipal housing must not be altered, sold, exchanged, donated or bequeathed. This is the property of the state. Even the redevelopment of housing can not be done without the consent of the municipality. In case of violation of this rule, citizens are evicted or forced to return the apartment to its original state. It is allowed to do minor cosmetic repairs on their own: painting doors, whitewashing walls, wallpapering, etc.
Municipal apartment renovation (overhaul) is done by the state at its own expense. It includes roof repair, insulation, replacement of communication systems. However, for the implementation of the state overhaul, you must first submit an application. If the municipality refuses to carry out such work, then citizens have the right to call an independent specialist to conduct an examination and draw up an act. If the overhaul is carried out at the expense of the residents of the municipal apartment, then they are entitled to demand reimbursement from the state of financial costs.
Personal account
One of the acute problems is the personal account of the municipal apartment. It is issued for all types and forms of housing. In other words, a personal account must be registered for each privatized and municipal residential premises.
The personal account includes: data on the apartment, number of residents, information on financial calculations for housing services.
What to do if the personal account is divided? The situation is ambiguous. The Housing Code of the Russian Federation does not prohibit this division, but it is also not allowed. From the point of view of the legal aspect, the separation of the personal account means the execution of a new contract of employment.
However, laws regulating this situation are absent. Most often, the division of the personal account is rejected . There are times when a contradictory situation brings tenants to the court.
In this situation, the shares for the payment of all services are divided. A striking example of the separation of a personal account is former spouses who, after a divorce, continue to live in the same apartment, but have a desire to pay for housing and communal services separately. For the separation procedure, you need to contact the Housing Office with the appropriate package of documents and write a statement. The package of documents includes:
- Copy of passports.
- A copy of the documents on the basis of which there is a need to split the personal account (certificate of divorce).
- A copy of the document on refusal to split the account from the EIRC.
- Extract from the general personal account.
The court may require other documents. Each case is individual.
Tenant Rights
Municipal law apartment involves the following:
- The tenant can rent an apartment only if he previously notifies the landlord about this.
- The employer can add close relatives to himself.
- Demand to replace housing with a similar or larger square meter.
- Has the right to receive all utilities that are prescribed in the contract.
It is possible to register another citizen in the municipal apartment, but the consent of all tenants is required. It must be formalized. Obtaining consent only verbally is not taken into account.
If a minor child lives in a municipal apartment, and the employer dies, then the child retains the right to live at this address for life. The child must be specified in the social security agreement. It must also be registered in the apartment.
It is possible to deduct a person from a municipal apartment without his consent only on condition that the statement of claim is submitted to the court. The reasons for this are as follows: a person has not lived in a municipal apartment for a long time, does not pay utility bills, and left voluntarily.
Housing and communal services
One of the main duties of a tenant is to pay for utilities monthly.
Housing services include:
- Electricity, water, gas supply.
- Heating.
- Household cleaning.
- Garbage removal.
The amount of payment is set at current rates and depends on the characteristics of the apartment (size, condition, number of residents).
Counters in a municipal apartment are changed by housing and communal services employees at the expense of the tenant.
Do they have the right to evict
There must be good reasons for eviction. Grounds for eviction:
- Lack of utility bills for more than six months.
- Damage to the living space.
- Violation of the rights of neighbors (if there is documentary evidence of this fact).
- Misuse of the municipal apartment.
- Changing the status of housing from residential to non-residential (the tenant is previously notified).
- Recognition of the apartment as unsuitable for people to live in it.
In the last two cases, the tenant is offered another similar apartment.
Eviction Features
If the tenant owns a privatized municipal apartment and is evicted for a number of violations, then this process will involve:
- Police representatives (in case of violation of the rights of neighbors).
- Sanitary control specialists (if the employer has an alcohol or drug addiction).
- Representatives of the guardianship authority (if minor children live in the apartment).
Each of the listed specialists must draw up an act that will be attached to the claim as evidence. In addition, these specialists will act as witnesses during the trial.
If the defendant is registered in the municipal apartment, but is not the owner, then the eviction process takes place according to a simplified scheme. Citizens are simply deregistered.
Who gets the apartment after the death of the tenant
The former municipal apartment goes to his parents, children, spouse. Actions are regulated by article 69 of the LC RF.
If dependents (disabled persons) lived in the municipal apartment, then after the death of the tenant they can claim to transfer the apartment to them in possession.
People living in an apartment who claim to inherit it must be initially indicated in the contract. Re-registration of documents for a municipal apartment takes place in court.
If no one was registered in the apartment except the former employer, then the municipality breaks the social security agreement.