Priority housing. All legal advice is free

LCD RF Article 57. Provision of residential premises under social tenancy contracts to citizens registered as needing residential premises

1. Residential premises shall be provided to citizens registered as needing residential premises, in order of priority based on the time of registration of such citizens, with the exception of the cases specified in Part 2 of this Article.

2. Out of turn residential premises under social tenancy agreements are provided:

1) citizens whose living quarters are recognized in the established manner as unfit for living and are not subject to repair or reconstruction;

3. Citizens registered as needing residential premises shall be provided with residential premises under social tenancy agreements on the basis of decisions of the local government. Decisions on the provision of residential premises under social tenancy agreements are issued or sent to citizens in respect of whom these decisions have been made, no later than three working days from the date of these decisions.

4. The decision on the provision of residential premises under a social tenancy agreement, made in compliance with the requirements of this Code, is the basis for concluding the relevant social tenancy agreement within the period established by this decision.

5. Under a social lease agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the corresponding settlement) with a total area per person of at least the provision rate.

(see text in previous edition)

6. Rooms under social rental contracts may be provided only in the case provided for by part 4 of Article 59 of this Code.

7. When determining the total area of \u200b\u200ba dwelling space provided under a social tenancy agreement to a citizen who owns a dwelling space, the area of \u200b\u200bthe dwelling space that he owns is taken into account.

8. When providing a citizen with a dwelling under a social lease agreement, actions and civil transactions with dwellings shall be taken into account, the commission of which led to a decrease in the size of occupied dwellings or to their alienation. The specified transactions and actions are accounted for by the legal entity Russian Federation the period preceding the provision of housing to a citizen under a social rental agreement, but not less than five years.

9. The procedure for determining the total area of \u200b\u200bthe provided residential premises in the cases specified in part 8 of this article is established by the legislation of the constituent entities of the Russian Federation.

My daughter is sick with a severe form of a chronic disease, in which joint living in a communal apartment is impossible. Not long ago we were registered as needing better living conditions, since we live in a communal apartment. But it turns out interestingly - we were put on a queue for an extraordinary housing and no one can answer me when we will be allocated this so-called extraordinary housing. Please tell me what to do, because in the law there is no concept of queuing for extraordinary people. As I understand it, there should be no queue.

In the housing sector, the presence of certain types of chronic diseases among citizens may give additional rights or impose restrictions on existing ones. So, according to Part 4 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises provided under social tenancy agreements are recognized as tenants of residential premises under social tenancy agreements, family members of a residential tenant under a social tenancy agreement, or as owners of residential premises, family members of the owner of a residential premises living in an apartment. occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which it is impossible to cohabit with him in the same apartment, and who do not have any other dwelling, occupied under a social contract or owned by right. For the recognition of such citizens in need of housing improvement, it does not matter whether it is a communal apartment in which several families live, or a separate apartment where two or more families live under one contract. It also does not matter that citizens (all or part of them) are the owners of the entire apartment (residential building) or the owners of individual rooms, etc. Both the size of the occupied dwelling and the fact of the presence (or absence) of family relations between families are not taken into account (Article-by-article commentary to the Housing Code of the Russian Federation Edited by P.V. Krasheninnikov).
Consider the following circumstances:
1) several families live in the apartment;
2) one of them includes patients suffering from severe forms of certain chronic diseases;
3) living with these patients in the same apartment is impossible;
4) citizens have no other premises in their ownership or occupied under a social contract.
A special list of diseases, which should be guided by the application of the named basis for recognizing citizens in need of living quarters, was approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378

These include the following diseases:
1) active forms of tuberculosis with the release of mycobacterium tuberculosis;
2) malignant neoplasms, accompanied by profuse discharge;
3) chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;
4) epilepsy with frequent seizures;
5) gangrene of the extremities;
6) gangrene and lung necrosis;
7) lung abscess;
8) pyoderma gangrenous;
9) multiple skin lesions with profuse discharge;
10) intestinal fistula;
11) urethral fistula.
The impossibility of living together with such patients in the same apartment must be confirmed by the conclusion of the health authorities. A medical report is issued by medical advisory commissions (VKK) of medical institutions at the place of residence or at the place of work of the patient and is certified by the head of the institution. In the absence of such a commission in a medical and prophylactic institution, the patient is issued an opinion signed by the attending physician and the head physician. In the event of improvement in the living conditions of registered citizens by increasing the size of the total area of \u200b\u200bliving quarters attributable to each family member in connection with the departure to another place of residence or with the death of one of the family members - a patient suffering from a severe form of chronic disease, they are removed from the register. When providing residential premises under social rental contracts to citizens registered as needing residential premises, one should take into account the fact that they are provided out of turn for those suffering from severe forms of chronic diseases (part 3 of article 57 of the Housing Code of the Russian Federation). However, this right can be exercised only by those citizens who were registered with housing after March 1, 2005 - i.e. after the entry into force of the Housing Code of the Russian Federation, which established the corresponding benefit. Citizens suffering from diseases from this List and admitted to housing registration before March 1, 2005, cannot have the right on the basis of Resolution of the Government of the Russian Federation of June 16, 2006 N 378 extraordinary receipt living quarters. When providing residential premises under social tenancy agreements, it should also be borne in mind that residential premises under a social tenancy agreement can be provided with a total area exceeding the provision rate for one person, but no more than twice, if such residential premises are intended for a citizen. suffering from one of the severe forms of these chronic diseases (part 2 of article 58 of the Housing Code of the Russian Federation). A similar provision is enshrined in Art. 17 of the Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in the Russian Federation ".
Currently there are two federal legal acts, differing in the list of diseases indicated in them and granting citizens the right to receive residential premises under a social rental agreement with a total area exceeding the provision rate for one person. At the same time, the procedure for the simultaneous application of these two acts is currently not defined.
The presence in a citizen of a disease included in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 imposes restrictions on the exchange of residential premises and sublease. So, in accordance with Part 6 of Art. 73 of the Housing Code of the Russian Federation, the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed if, as a result of the exchange in communal apartment a citizen who suffers from one of the severe forms of chronic diseases provided for in the mentioned List is moved in. And according to Part 4 of Art. 76 of the Housing Code of the Russian Federation, subletting of residential premises is excluded when persons suffering from one of the forms of chronic diseases specified in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 (this requirement applies to both an apartment and a room in a communal apartment).
As for how long to wait in line, it depends on the availability of social housing housing in the municipality. I recommend that you send a request to the administration about how many people are currently eligible for early housing and what number in this queue you have. How many housing in this year the administration plans to provide for the extraordinary. When there is a written request, officials are obliged to respond in writing and then be responsible for what was written.

Russian citizens, whose income is below the subsistence level in a particular region, are endowed with the constitutional right to receive free or low-cost housing from the state.

Conditions for the allocation of free apartments by the state

What are the conditions for the allocation of free housing in 2019

Answering the question of how to get municipal housing, it is worth considering the key conditions for the allocation of free houses and apartments.

The Housing Code of the Russian Federation considers the provision of low-income needy citizens in order of priority, taking into account the following criteria:

1. The financial situation of applicants for housing (the assessment is based on the family's income, after which it is determined whether it will be able to purchase a home in the next 20 years).
2. Not participating in privatization programs (such citizens already own real estate on the terms of social employment).

When allocating housing, the order of priority must be taken into account. However, if the documents for free housing are submitted by especially needy citizens, the list of which was given above, then housing is provided out of turn.

Required documents

In order to join the queue for receiving housing from the state, it is necessary to submit a package of certificates prepared in advance to the municipality.

It consists of the following documents:

• Applications from all legally capable family members;
• Copies of passports, birth certificates, SNILS, as well as a marriage document;
• Documents containing information about income (2-personal income tax or 3-personal income tax);
• A copy of the certificate confirming that the applicants have taxable property;
• Apartment plan drawn up by BTI;
• A note from the house book and personal account;
• Certificate that the person (family) has lived in the settlement for at least 10 years;

All copies of documents must undergo mandatory notarization.

Receiving an apartment from the state in the Russian Federation may require the submission of other additional documents to grant the right to receive living space. At the same time, when transferring them to the commission, it is important to ask for a receipt from the receiving person.

The documents submitted by the applicant are studied in detail for 30 days, after which the applicant receives a positive decision or refusal (in writing) to assign the status of a needy comfortable living space.

The applicant can challenge the negative answer of the housing department of the municipality in court.

What size of living space can the state provide

Russian housing legislation clearly establishes what kind of housing space can be allocated to citizens in need under a social tenancy agreement:

• 15 to 18 sq. meters per person;
• At least a studio apartment or dorm room.

If there is a pregnant woman among family members whose gestational age is 22 weeks or more, then the size of the allocated area increases by at least 15 square meters.

In addition to meeting the standards for the number of square meters of living space, other requirements are put forward for houses and apartments provided by the state:

1. The living area must meet the criteria for a comfortable dwelling (provided with communications and social infrastructure).
2. The structure must take place within the boundaries of the settlement.
3. The house must provide conditions for citizens with disabilities (ramps, etc.).

When housing may be refused

A citizen has applied for free housing from the state, however, he may be denied the allocation of an apartment if he deliberately worsened his living conditions:

• Exchanged a comfortable house for a dilapidated or emergency housing with an additional payment;
• Sold or issued a deed of gift for a completely habitable dwelling;
• Deliberately worsened the condition of the place of residence (permission or damage occurred through his fault);
• Introduced and registered third parties in the house (except for spouses, children, parents).

All of the above actions must have taken place within the last five years (only five-year housing history is verified).

What does the social employment contract provide?

Obtaining free housing from the state provides for the registration of a social tenancy agreement, which prescribes such aspects as:

• Owner's legal right to reside within the allocated living space;
• The need to pay utility bills for the provided amenities (water, gas, heating, etc.);
• Monthly payment for an apartment received on a social rental basis;
• The right to a residence permit for relatives and other persons.

Recipients of municipal housing from the state have the right to further privatize it in the standard manner.

What prohibitions apply to public housing

Having decided on how to get housing from the state, you should clearly understand what actions with municipal living space can be recognized as illegal.

1. The owner has no right to sell, exchange, donate the allocated municipal apartment.
2. The possibility of renting out free apartments is excluded.
3. Although the owner of a dwelling has the right to register other persons in it, he cannot bequeath it to his heirs.

Such restrictions on municipal housing are quite justified: the ownership of it remains with the state, therefore, the owner cannot determine its legal fate.

If a citizen disregards the rules and carries out an illegal transaction with an apartment in social rent, then such actions will not only entail the confiscation of the living space, but may even become the basis for criminal liability.

The main options for obtaining apartments from the state

Many Russian citizens are thinking about whether it is possible to get an apartment for free. Therefore, it is important to consider options for allocating a comfortable living space.

This option can be counted on:

• Complete and incomplete young families with children and without children, having the status of poor and in need of housing (the age of the spouses is up to 35 years);
• Military personnel;
• Persons who currently live in communal apartments;
• Workers of the Baikonur cosmodrome;
• Participants in the elimination of the consequences of radioactive disasters;
• People with disabilities and retirees (primarily those who lived and worked in the Far North);
• Large families;
• Persons who migrated from other countries due to political, national and religious persecution.

If a citizen participates in one state program for obtaining a free apartment, then he cannot apply to other programs for providing housing. If a serviceman participates in the NIS, then he is not entitled to receive an apartment under the programs for the needy).

February 18, 2017, 00:10 Mar 3, 2019 13:50

Lists of citizens registered as needing housing will be published on the official websites of local self-government bodies of municipalities of the Moscow region annually no later than January 30, the press service reports.

The corresponding changes to the regional law "On the procedure for keeping records of citizens as those in need of residential premises provided under social tenancy agreements" were made by the Moscow Regional Duma, the material explains.

The message notes that in order to promptly and timely fulfill this requirement, the Ministry construction complex The Moscow region, in accordance with the powers in the field of housing policy, has come up with an initiative to create a new subsection "Realization of the rights of citizens to housing" on the official website of each municipality. The Regional Ministry of Construction recommends placing in it lists of citizens registered and in need of residential premises, information on the number of residential premises received in the municipal housing stock, on the number of residential premises provided to citizens under social rent agreements and specialized residential premises, as well as information on the sale housing programs.

“At the same time, we ask you to pay special attention to the observance of the requirements of legislation, citizens and the interests of citizens in the formation of these lists. I would like to note that citizens registered before March 1, 2005 retain the right to be registered on this register until they receive housing under social rent agreements, ”the words of the Minister of the Regional Construction Complex Sergey Pakhomov are quoted in the message.

Thus, three lists will be posted on the official websites of the municipalities: a general one, which lists all citizens who are not provided with housing and are registered; a separate list of citizens entitled to an extraordinary provision of housing; as well as a separate list of citizens with the right to priority provision of housing. The list of "extraordinary" and "high-priority" is formed from the general list in chronological order by the date the citizen submits an application for such a right and supporting documents, the release notes.

According to the monitoring carried out by the Ministry of the Construction Complex of the Moscow Region in 2016, registration of those in need of housing is maintained in more than 180 municipalities for 11 categories of citizens.

Currently, the government of the Moscow region is considering a draft law "On the procedure for keeping records of citizens in need of residential premises provided under social employment contracts", a number of important changes will be made to the document in the near future, which concern keeping records of citizens in in electronic format... We are talking about the creation of a unified information system for the Moscow region for the registration of citizens in need of housing. This will make it possible to provide services to citizens through the provision of state and municipal services and create a "transparent queue", as well as exercise control, including public control, over the activities of municipal authorities in terms of the distribution of residential premises that come to them.

“Keeping a“ transparent queue ”by local governments will reduce the likelihood of its violation and make the distribution of housing open and understandable for citizens,” the message concludes with the words of Sergei Pakhomov.

The reasons for excluding military personnel or their family members from the waiting lists for housing may be the following:

Illegal queuing for housing;

The presence of residential premises in the ownership of both the serviceman and his family members;

Availability of living quarters for use, both by the serviceman and by his family members;

Registration at the place of residence in a residential building, as a family member of a tenant of housing or as a family member of a homeowner, which implies the use and provision of housing for the soldier himself or his family members;

Intentional deterioration of housing conditions (if five years have not passed since the intentional deterioration);

Dismissal of a soldier not on a preferential basis with a calendar length of service of more than 10 years, but less than 20 years;

Other grounds providing the housing authority with the opportunity to exclude a soldier from the lists in need of housing.

Our organization has a positive experience in providing legal assistance to military personnel and their families in all of the above cases!

We are not an organization that speaks about its success unfounded! We have rich experience and positive jurisprudence on every possible problem that a serviceman and his family members may have. We are ready to share this practice with you! You have the opportunity to familiarize yourself with some court decisions on our website, we can provide other court decisions for your attention in our office!

If you were excluded from the waiting lists for housing, then this is not a reason to despair! It is necessary to get a clear, high-quality advice from a professional lawyer.

When servicemen contact us with a problem of exclusion from the waiting lists, we offer several options for solving this issue at once!

Call us of course! Come to our office! We will not only provide you with competent advice on resolving the current circumstances, but also select court decisions for your problem, from which you yourself will understand that the court should be on your side!

Residential areas are provided to citizens of the Russian Federation in a strict order of priority if they are registered as in dire need of housing, or in need of improvement in living conditions, in accordance with Article 33 of the Housing Code of the Russian Federation. Only special categories of citizens can get housing out of turn, due to their resettlement after various natural disasters and man-made disasters. For example, a family is not on the waiting list for housing, but an earthquake or flood has occurred, as a result of which their existing housing has been destroyed or threatened with a collapse.

According to all the same legislative norms of the Russian Federation, registration of all citizens of the country who need to improve their living conditions or do not have permanent housing at all is kept according to a single list. But on the basis of a single list, three separate lists are compiled: priority, extraordinary and those on the list for housing on a general basis.

Such a principle of priority can in no way be violated in favor of the needy, regardless of the degree of citizens' need for housing and regardless of the personal merits of citizens. Citizens receive the right to provide housing at the moment when they register documents submitted for housing.

According to the changes in the Housing Code of 1996, in case of violations of the rules of priority for obtaining housing bailiffs may decide that the issued housing order is illegal. Institutions, organizations, local administration bodies (in whose jurisdiction the distributed living quarters are located), or a prosecutor acting in the interests of one of the parties, can file a claim on violations of the rules of priority in obtaining housing.

It is noteworthy that citizens independently do not have the right to go to court with claims if they believe that their rights as waiting lists have been violated. They can only act through a legal institution or local government bodies. On the one hand, such legislative norms can be regarded as a restriction of the rights of citizens, but on the other hand, the law is one for all and should not be violated. In fact, in judicial practice, it is not uncommon for applications from citizens to be accepted and considered on an individual basis, based on the situation that has developed at a particular point in time.

In what cases are changes made to the list of priorities of citizens for receiving housing not in favor of the needy?

According to article 34 of the Housing Code of the Russian Federation, changes in the waiting lists among citizens in need of housing can be made by local governments with a good reason or by the administrations of enterprises / organizations (after coordination with the trade union committee).

For example, for malicious violations of labor rules at an enterprise, a citizen can be “displaced” on the waiting list for housing by several points. But no one will be able to exclude a person in need from the waiting list for housing, according to legislative norms, no matter what violations of discipline he was accused of (hooliganism, constant late work, drunkenness, theft of property, if it does not entail the scale provided for by the criminal code, etc.).

The administration of the enterprise has the right to transfer the priority of a citizen on the list for receiving real estate from the housing stock even for one malicious offense. In fact, there are quite a few cases in which the waiting list for housing can be legally displaced in the general lists.

What category of Russian citizens has an extraordinary right to housing?

Out of turn, citizens have the right to receive housing in the Russian Federation if they:

• Lost housing (public or government) due to a natural disaster.


• Stayed in the nursery government agency and the period of their majority has come, as well as if they were dependent on trustees, guardians or relatives and now, for a number of reasons, they cannot be returned to the living space that their parents had.


• They were sent on distribution as specialists to work in another area or region.


• They were trained in a higher, vocational, secondary technical institution, in graduate school, residency, etc.


• According to the Law on the Status of Judges in the Russian Federation, the local administration must provide city judges with housing within six months from the date the judge takes office. This means comfortable housing, if the judge did not have one in the settlement. Extraordinary housing is also provided to employees of the prosecutor's office, district inspectors on the same conditions - within six months after taking office.


• Persons with disabilities and citizens of retirement age, if they were treated in inpatient institutions, and then were discharged from these medical institutions and now need housing. They may be returned to their former housing if it meets the sanitary standards of living or is provided out of turn with another dwelling.

Which category of Russian citizens have the primary right to housing?

Based on Article 36 of the Housing Code of the Russian Federation, citizens can be included in the priority lists for housing:

• Disabled Great Patriotic War and those participating in military operations in defense of the Motherland and citizens of the Russian Federation (including employees of the Ministry of Internal Affairs, FSB and other military units).


• Families of those who disappeared or died during the Second World War and in other hostilities on the territory of Russia and abroad. The dependents of these categories of citizens, their spouses, parents, disabled children, etc. are equated to members of such families.


• Heroes of Russia and the Soviet Union, Heroes of Labor, as well as persons who were awarded the Order of Labor Glory, the Order of Glory, the Order of three degrees "For Service to the Motherland in the Armed Forces."


• Persons with severe forms of chronic diseases (a list of such diseases can be found in the corresponding article of the Housing Code of the Russian Federation). For example, it can be tuberculosis, severe bronchial asthma, psoriasis, severe mental illness, etc.


• Families whose relatives (spouses, parents) died in the performance of official or state duties, fulfilling their duty as a citizen of the Russian Federation, saving the lives of other citizens or protecting the country's law and order.


• People with disabilities of groups I and II who were injured during military operations or in civilian operations, as well as as a result of congenital injuries or serious illnesses.


• Workers and employees of the sectors of housing and communal services, social organizations who have worked for a long time in one area of \u200b\u200bproduction. Such citizens can receive the priority right to receive housing after a meeting of the collective, at which an agreement is drawn up, signed by the administration of the organization or enterprise, as well as representatives of the trade union committee.


• Women who have received the title of “Heroine Mothers”, as well as families in which three or more minor children are raised, single mothers and families in which twins, twins, triplets, etc. were born.


• Rescuers from professional or community rescue teams.


• Teachers, doctors and other employees, whose services are needed by local medical, health, general education, preschool and other institutions or enterprises of settlements of the Russian Federation.


• The priority right to housing is given to police and customs officers.


• Persons affected by political and economic repression.

In fact, all of these above-mentioned lists of out-of-order and top-priority for housing or for improving housing conditions are far from being exhaustive. According to the legislative norms of the RF Housing Code, other cases are provided when citizens from the general list for housing can be transferred to other categories of lists - first-priority and extra-priority. Housing from the housing stock is distributed with the participation of the administration settlements RF with the participation of trade union committees, as well as representatives of local enterprises, organizations, institutions, etc.

Scams with housing for the capital's waiting list did not begin today. To remind you of this once again, we publish a letter from a resident of Sokolniki to one of the regional newspapers:

“I consider it necessary to touch upon the topic of the waiting list for the Sokolniki district. At the meetings of the municipal assembly, I have repeatedly raised the issue of providing us with a list of people on the waiting list by the Moscow Department of Housing Policy. But the deputy Krestovskaya, who illegally calls herself the head of the municipal assembly and conducts meetings together with deputies from United Russia and school principals, categorically refuses to fulfill such a request, arguing that this list allegedly contains personal data and therefore the waiting list is not subject to promulgation.
Such a refusal is illegal. There is a special order of the Department of Housing and Housing Policy of the Moscow Government No. 68 dated March 2, 2005 "On ensuring free access to waiting lists, as well as to the lists of citizens included in the program for providing housing." In it, officials are directly prescribed: the lists must be posted and available for citizens to familiarize themselves with in the administrations and district housing departments, and even drawn up in the form of brochures.

Despite the desperate resistance of Krestovskaya and her associates, I managed to obtain these lists. Below I will publish them and analyze them. It will be clear why these lists are classified and our "valiant" deputies from the party of crooks and thieves are trying in every possible way to prevent us from accessing this information, protecting it more than banking secrecy in Switzerland.

EVERYONE IS EQUAL BUT SOMEONE IS EQUAL

For now, consider the list of the lucky ones who received apartments, being on the waiting list. So: at the end of 2007 there were 1,027 families or 2,856 people in the queue for improvement. In 2005, apartments were provided to those on the waiting list, which have been registered since 1983. From 2002 to 2006, 112 families or 256 people received apartments. In fact, people have been standing in line for 21-22 years. But there are those who stood much less. For now, we will consider citizens with the category of queuing on “common grounds”. For example, citizen V.S. Chesnokova. stood from 1995 to 2004. At the same time, Kabonina N.I. had to wait in line from 1983 to 2005. Also on the list we see 60 lucky people who received housing in 2004-2013 - they stood in line from 0 to 9 years. We look further - citizen Khairetdinov R.M. got up in 2002, and got it in 2005. Polovinkina N.V. stood in line from 2002 to 2004, citizen I.V. Lobanova - from 2004 to 2005. And here are the real "champions" who have not stood in line for a year: Lunkina N.V. (from February 2004 to November of the same year); Cherepnina S.A. (from May 2005 to August), Antonov I.A. (from May 2005 to October); E.V. Severtseva (since the end of 2005, and by the New Year on December 29, 2006 already received housing "); Dunavetskaya L.S. (from January 2010 to March 2010). And here is the waiting list by the name of M.A. Nasibullin. This one managed to get apartments twice. In 2005, as part of a family of 3 people, got on the line and got an apartment in 2008. His accounting file is 53-953520-01-2005-0002. Under the same registration number, he is already part of a family of 4 and receives an apartment in 2013. We can only be happy for this gentleman - after all, every three years he manages to improve his living conditions.

Here's another example. Citizen Piryazeva NV, registered in 1999 in the category of "medical workers" (she worked as a nurse at school No. 1282), in 2006 received a two-room apartment for three people in the Mitino area in a 16-storey building. Currently continues to live on the street. Egerskaya, 1. I know this citizen well, since she lives on the floor below my apartment. For a family of four, she had two rooms in a three-room apartment with a total area of \u200b\u200b32 sq.m. The neighbor did not live in this apartment and his room of 14 square meters was closed. Further, Mrs. Piryazeva registers her parents from the village and gets on the line, although even for six people she has enough meters. True, her parents were never seen by neighbors in this apartment, but this did not prevent her from getting a wonderful two-room apartment in 7 years. Further, apparently, she buys a room from a neighbor and becomes the owner of the entire three-room apartment. So, at the moment this citizen has a three-room apartment in Sokolniki with an area of \u200b\u200b73 sq. m for three on the street. Egerskaya, 1 (recently renovated) and a two-room apartment 55 sq. m in Mitino in the same house, probably renting it out. This is the trick that citizen Piryazeva did with the apartments, making five rooms out of two. On this fact, I will apply to the Investigative Committee on the subject, in my opinion, of a corruption component and fraud.

Similarly, "medical workers": Sherstkin AE, who stood in line from 2002 to 2009 and Korneeva E.V. - from 2002 to 2008. HAND WASHING HAND But the judge of the Preobrazhensky court Solovyova T.P. has been in line for the "judge" category since 1998. This citizen is well known to me, since, being a deputy from 2004 to 2008, I defended the rights of citizens and, in particular, those on the waiting list. As you know, in our area about a hundred apartments and rooms were and are in the shadow circulation. I was forced to sue the VAO prosecutor's office for giving me an illegal answer regarding the provision of apartments to those on the waiting list. This case was considered first by Judge Ryzhova, and then by Judge Solovyova. The prosecutor's office was forced to submit to the court the materials of the check on my application. In the materials of the check there was not a single document that would testify to the legality of the residence of certain citizens in the apartments I indicated.

For example, in the financial and personal account presented by the EIRTS, in the column “grounds for residence” there was “no basis”, and there were many similar answers. But, despite all this, judge T.P. Solovyova February 6, 2007 decides that “everything is legal”. After this verdict for the next 2008, she receives an apartment. If any of you have to sue under the chairmanship of this judge, then you can congratulate her on the housewarming. We will have fun, and she will be pleased.

The secretary of the municipal assembly of deputies and the right hand of Krestovskaya is Nadezhda Ivanovna Bursha. In 2007, she joined the queue with her daughter in the “out of use living quarters” category. True, she lived in one-room apartment on the street Korolenko, 1, building 3 is a 9-storey brick building. Living room with an area of \u200b\u200babout 21 sq.m. October 19, 2010 she receives a two-room apartment on the street. Bolshaya Ostroumovskaya, 15. Why they considered her living conditions unsuitable remains a mystery. Indeed, at present, other people live in this apartment who do not complain about anything. Proceeding from the fact that as an active opponent of the reconstruction of the 3rd microdistrict and one of the members of the Save Sokolniki Committee, I managed to defend 23 houses from demolition and achieve their transfer to the conservation zone, Nadezhda Ivanovna never ceases to accuse me of for me she lives in inhuman conditions and that because of me she will no longer get an apartment in a new house on the Jaegersky Pond on the site of the demolished "block houses". Yes, indeed, now there is an increase in her family - her daughter got married and gave birth to a daughter. As if everything went well for Nadezhda Ivanovna - her current house would be subject to demolition and she would have already received two apartments, or even three, in the event of her daughter's divorce from her husband, and they would be real happiness - just like nurse Piryazeva.

IN THE LISTS DIDN'T MEAN, BUT THE HOUSING GOT

So the boss of Bursha, already well-known citizen Krestovskaya, likes to live in Sokolniki, despite the fact that she has other apartments.

I quote the answer from the department economic security and anti-corruption in the Eastern Administrative District to my request “for the eviction of the deputy Krestovskaya, who illegally seized a two-room apartment on 2nd Boevskaya street, 6, apt. 4A, about the eviction of A.G. Skorobogatova. (former deputy head of the social affairs council), who illegally registered in an apartment at the address: Malaya Ostroumovskaya, 1A, apt. 179, and the fulfillment of the order of the prosecutor's office to evict the family of Kuramagomedova Z.P., who arrived from Dagestan and illegally residing at the address: Malaya Ostroumovskaya, 1G, apt. 21 "," ... Detective police captain E.N. Kobtsev .... established: In the Sokolniki district of Moscow ... persons illegally, by agreement with officials of the district council, occupy apartments at the addresses: st. 2nd Boevskaya, 6 quarter, 4A, st. Malaya Ostroumovskaya, 1A, apt. 179, st. Malaya Ostroumovskaya, 1G, apt. 21 ... ".

Since the heads of the council are the head of the council Kuzhelev N.N. and his deputy Dadaev S.V., then from this answer it can be understood that Krestovskaya, Skorobogatova and Kuramagomedova entered into an agreement with these officials and, with their consent, live quietly in the seized apartments. I wonder if the waiting list will turn to Messrs Kuzhelev or Dadaev to be provided with the same apartments by agreement, whether it will be possible for them to refer to the response of the OEB and the Internal Affairs Directorate for the Eastern Administrative District of the Russian Ministry of Internal Affairs in Moscow No. 3029 on 07/08/13?

Most likely, in order to get housing according to this scheme, you need to consult with citizen Krestovskaya - how best to negotiate with the district authorities. Let them share their experience. Not all of her only to work for herself!

Since these citizens have lived in these apartments for many years, and during this time we have changed several heads of councils and their deputies, it turns out that it is enough to agree with your friend from the council, and the apartment is in your pocket. Isn't that why Deputy Krestovskaya went all out in order to seize power in the region by any means, to turn the region into a cash cow for herself and her "comrades-in-arms" in "hard work for the benefit of citizens." Based on the data I received, 194 families on the waiting list were provided with apartments from 2008 to 2013.

I made a request addressed to State Duma deputy Alexander Khinshtein, where I ask him to support me in demanding a total inventory of the housing stock and conducting a high-level inspection with the subsequent initiation of criminal cases. The other day I received an answer from him, where he thanks for the materials provided and says that in this regard he sent inquiries to law enforcement agencies.

"On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment"

GUARANTEE:

Pursuant to Article 51 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:

To approve the attached list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment.

severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment

GUARANTEE:

See the List of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment, approved by order of the Ministry of Health of Russia dated November 29, 2012 N 987n (did not come into force)

According to the Housing Code of the Russian Federation, if a citizen lives in an apartment occupied by several families, one of which has a patient suffering from a severe form of a chronic disease, then this circumstance is the basis for recognizing a citizen as needing a living space provided under a social tenancy agreement.

In this regard, the Government of the Russian Federation has determined a list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment. The list includes 11 severe forms of chronic diseases, including active forms of tuberculosis with the release of Mycobacterium tuberculosis, chronic and protracted mental disorders, epilepsy with frequent seizures, gangrene of the extremities.

Decree of the Government of the Russian Federation of June 16, 2006 N 378 "On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment"

By Decree of the Government of the Russian Federation of July 21, 2017 N 859, this decree was declared invalid from January 1, 2018.

Extraordinary housing

My daughter is sick with a severe form of a chronic disease, in which joint living in a communal apartment is impossible. Not long ago we were registered as needing better living conditions, since we live in a communal apartment. But it turns out interestingly - we were put on a queue for an extraordinary housing and no one can answer me when we will be allocated this so-called extraordinary housing. Please tell me what to do, because in the law there is no concept of queuing for extraordinary people. As I understand it, there should be no queue.

In the housing sector, the presence of certain types of chronic diseases among citizens may give additional rights or impose restrictions on existing ones. So, according to Part 4 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises provided under social tenancy agreements are recognized as tenants of residential premises under social tenancy agreements, family members of a residential tenant under a social tenancy agreement or as owners of residential premises, family members of the owner of a residential premises living in an apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic illness, in which it is impossible to cohabit with him in the same apartment, and who do not have any other living quarters occupied under a social contract or owned by right. For the recognition of such citizens in need of housing improvement, it does not matter whether it is a communal apartment in which several families live, or a separate apartment where two or more families live under one contract. It also does not matter that citizens (all or part of them) are the owners of the entire apartment (residential building) or the owners of individual rooms, etc. Both the size of the occupied dwelling and the fact of the presence (or absence) of family relations between families are not taken into account (Article-by-article commentary to the Housing Code of the Russian Federation Edited by P.V. Krasheninnikov).

Consider the following circumstances:

1) several families live in the apartment;

2) one of them includes patients suffering from severe forms of certain chronic diseases;

3) living with these patients in the same apartment is impossible;

4) citizens do not have any other premises in their ownership or occupied under a social rental agreement.

A special list of diseases, which should be guided by the application of the named grounds for recognizing citizens in need of living quarters, was approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378

1) active forms of tuberculosis with the release of mycobacterium tuberculosis;

2) malignant neoplasms, accompanied by profuse discharge;

3) chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;

4) epilepsy with frequent seizures;

5) gangrene of the extremities;

6) gangrene and lung necrosis;

7) lung abscess;

8) pyoderma gangrenous;

9) multiple skin lesions with profuse discharge;

10) intestinal fistula;

11) urethral fistula.

The impossibility of living together with such patients in the same apartment must be confirmed by the conclusion of the health authorities. A medical report is issued by medical advisory commissions (VKK) of medical institutions at the place of residence or at the place of work of the patient and is certified by the head of the institution. In the absence of such a commission in a medical and prophylactic institution, the patient is issued an opinion signed by the attending physician and the head physician. In the event of improvement in the living conditions of registered citizens by increasing the size of the total area of \u200b\u200bliving quarters attributable to each family member in connection with leaving for another place of residence or with the death of one of the family members - a patient suffering from a severe form of chronic disease, they are removed from the register. When providing residential premises under social rental contracts to citizens registered as needing residential premises, one should take into account the fact that they are provided out of turn for those suffering from severe forms of chronic diseases (part 3 of article 57 of the Housing Code of the Russian Federation). However, this right can only be exercised by those citizens who were admitted to housing registration after March 1, 2005 - i.e. after the entry into force of the Housing Code of the Russian Federation, which established the corresponding benefit. Citizens suffering from diseases from this List and accepted for housing registration before March 1, 2005, cannot, on the basis of Resolution of the Government of the Russian Federation No. 378 of June 16, 2006, have the right to an extraordinary receipt of residential premises. When providing residential premises under social tenancy agreements, it should also be borne in mind that residential premises under a social tenancy agreement can be provided with a total area exceeding the provision rate for one person, but no more than twice, if such residential premises are intended for a citizen. suffering from one of the severe forms of these chronic diseases (part 2 of article 58 of the Housing Code of the Russian Federation). A similar provision is enshrined in Art. 17 of the Federal Law of November 24, 1995 N 181-FZ "On social protection of disabled people in the Russian Federation".

At the moment, there are two federal legal acts that differ in the list of diseases indicated in them and give citizens the right to receive residential premises under a social tenancy agreement with a total area exceeding the provision rate per person. At the same time, the procedure for the simultaneous application of these two acts is currently not defined.

The presence in a citizen of a disease included in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 imposes restrictions on the exchange of residential premises and sublease. So, in accordance with Part 6 of Art. 73 of the Housing Code of the Russian Federation, the exchange of living quarters between tenants of these premises under social tenancy agreements is not allowed if, as a result of the exchange, a citizen who suffers from one of the severe forms of chronic diseases provided for in the said List moves into a communal apartment. And according to Part 4 of Art. 76 of the Housing Code of the Russian Federation, subletting of residential premises is excluded when persons suffering from one of the forms of chronic diseases specified in the List approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378 (this requirement applies to both an apartment and a room in a communal apartment).

As for how long to wait in line, it depends on the availability of social housing housing in the municipality. I recommend that you send a request to the administration about how many people are currently eligible for early housing and what number in this queue you have. How many housing this year the administration plans to provide for the extraordinary. When there is a written request, officials are obliged to respond in writing and then be responsible for what was written.

Ask your question and get free legal assistance you can fill out the form

The list of diseases that give the right to an extraordinary housing

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• Who is eligible for priority housing?

"Electronic magazine" Azbuka Prava ", 23.10.2017

WHO IS ELIGIBLE TO OBTAIN OUT OF QUEUE HOUSING?

Housing can be provided to citizens out of turn under social employment contracts or under contracts for the lease of residential premises of the housing stock for social use (part 1 of article 57, part 1 of article 91.15 of the RF LC).

Out of turn, residential premises are entitled to receive, in particular, the following categories of citizens.

1 . Citizens whose living quarters are found unfit for habitation and are not subject to repair or reconstruction

For the recognition of a dwelling as unfit for habitation (in order to obtain new housing), there must be certain grounds (clause 1, part 2, article 57 of the RF LC).

So, a dwelling is recognized as unsuitable for living if harmful factors of the human environment are identified that do not allow ensuring the safety of life and health of citizens due to (clause 33 of the Regulation, approved by the Decree of the Government of the Russian Federation of January 28, 2006 N 47):

Deterioration due to physical wear and tear during the operation of the building as a whole or the operational characteristics of its individual parts, leading to a decrease to an unacceptable level of building reliability, strength and stability of building structures and foundations;

Changes environment and parameters of the microclimate of the living quarters, which do not allow ensuring compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of potentially hazardous to humans chemical and biological substances, the quality of atmospheric air, the level of radiation background and physical factors of the presence of sources of noise, vibration, electromagnetic fields.

2. Citizens suffering from severe forms of chronic diseases in which it is impossible to live together

In this case, the presence of a severe form of a chronic disease included in a specific list must be confirmed by a medical report (clause 3, part 2, article 57 of the RF LC).

Severe forms of chronic diseases, in which citizens suffering from them have the right to receive housing without a queue, include (List, approved by the Decree of the Government of the Russian Federation of June 16, 2006 N 378):

Active forms of tuberculosis with the release of mycobacterium tuberculosis;

Malignant neoplasms accompanied by profuse discharge;

Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations;

Epilepsy with frequent seizures;

Gangrene and lung necrosis;

Multiple skin lesions with copious discharge;

Intestinal and urethral fistulas.

3. Disabled children - orphans or without parental care, living in social service organizations

This category of citizens is subject to the provision of living quarters out of turn when the disabled person reaches the age of 18, if the individual rehabilitation or habilitation program for a disabled person provides for the possibility of self-service and leading an independent lifestyle (Article 17 of the Law of November 24, 1995 N 181-FZ).

4 . Pedagogical workers registered as needing living quarters

This category of citizens has the right to provide out of turn residential premises under social tenancy agreements, as well as the right to provide residential premises for specialized housing stock (clause 6 of part 5 of article 47 of the Law of December 29, 2012 N 273-FZ).

five . RF Prosecutors

Out of turn, by the decision of the Prosecutor General of the Russian Federation, living quarters are provided to prosecutors transferred to serve in another locality as prosecutors of the constituent entities of the Russian Federation, prosecutors of specialized prosecutor's offices equated to them, and their deputies (clause 7 of the Order of the Prosecutor General's Office of Russia of 12.11.2014 N 616)

Note. Office living quarters are provided to prosecutors in order of priority, based on the date of registration of those in need of living quarters at the place of service.

6. Citizens evicted in connection with the 2018 FIFA World Cup

Citizens who are evicted from residential premises or dormitories occupied under a social tenancy agreement in connection with the demolition of houses to accommodate infrastructure facilities intended for the 2018 FIFA World Cup are provided out of turn with residential premises under a social tenancy agreement (Part 3 Article 31 of the Law of 07.06.2013 N 108-FZ).

Who can be considered to be in need of housing for social housing? \u003e\u003e\u003e

How to move out of emergency housing? \u003e\u003e\u003e

Housing for the disabled: benefits, documents and procedure for providing an apartment

One of the main social guarantees of the state is the protection of housing rights of unprotected segments of the population, including various categories of disabled people. In accordance with the norms of federal and regional legislation, the state has undertaken an obligation to provide housing for disabled people recognized as needing better housing conditions.

In the presented material, we will find out whether a disabled person can get an apartment from the state, and how housing programs operate that allow this category of citizens to get housing for free.

Important! If you are examining your own case of disability housing benefits and subsidies, you should remember that:

• Each case is unique and individual.
• Understanding the basics of the law is helpful, but does not guarantee the achievement of the result.
• The possibility of a positive outcome depends on many factors.

Providing housing for disabled people

The opportunity to get housing for a disabled person is directly related to his registration as needing to improve living conditions. Unfortunately, the law does not allow you to get an apartment for disability immediately when you contact the authorized state bodies, for this you will have to comply with a number of mandatory formalities.

Currently, the provision of this category of beneficiaries with living quarters is carried out in the following areas:

• social housing for disabled people at the expense of state or municipal housing stock;
• subsidies for housing for disabled people, the amount of which does not depend on the number of family members, since funds are allocated only for the beneficiary himself.

For any option for obtaining housing, a disabled person needs to queue up by submitting an application to the local government. The procedure and timing of the provision of apartments directly depends on the date of registration of a person, and is regulated by the Housing Code of the Russian Federation, Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people of the Russian Federation", as well as regional regulatory legal acts.

Social housing

Residential premises of the state or municipal fund are provided to citizens who are on the waiting list to improve their living conditions. This rule fully applies to disabled people of all groups.

The city queue is maintained by a local government body or an authorized body of municipal property. For registration, you must submit the following documents:

• a statement from a disabled person;
• documents confirming the absence of an apartment or the need for housing;
• a certificate from the MSEC bodies on the establishment of a disability group;
• a certificate of family composition;
• documents confirming the status of low-income citizens.

Regional legislation may establish a preferential queue for selected categories citizens, including disabled people.

Subsidized social housing appears at the disposal of local authorities through the construction of apartment buildings, the acquisition of individual apartments in the primary and secondary market, as well as through the use of quotas in commercial buildings.

Subsidies

Another option for improving the living conditions of people with disabilities is the allocation of subsidies from budget funds for the purchase of apartments. This method available subject to allocation of funds when the budget for the next year is approved. To highlight budget resources, a certificate for housing with disabilities is issued, which is strictly targeted.

The amount of the home purchase subsidy is calculated as follows:

the number of disabled people in the family is multiplied by the average market value 1 sq.m. in the region of residence and is multiplied by the federal standard for housing (currently this criterion is 18 meters per person).

Important! The state provides housing only to the disabled person, no money is allocated for his family members. The exception is families with disabled children.

In this direction, only a comfortable living space should be purchased, since the key rule is to improve the living conditions of citizens.

Eligibility for Housing Benefits

Which group of people with disabilities is entitled to housing? The disability group does not matter when deciding on the improvement of housing conditions; an official certificate of the MSEC will be a sufficient reason.

If the established disability group has a certain period of validity, the beneficiary will have to undergo an annual re-examination and submit a new certificate to local authorities. Benefits for children with disabilities on housing allow one to avoid this requirement, such a legal status is established for life.

In addition, the right to separate housing for a disabled person will depend on the nature of the underlying or additional medical condition, which is confirmed by medical reports. Also, the procedure for implementing benefits will differ depending on the timing of registration.

Procedure for granting benefits

If a disabled person is officially put on the waiting list before January 1, 2005, then he or she has the right to count on receiving funds from subventions that the constituent entities of the Russian Federation receive from federal budget... At the moment, this procedure applies only to disabled people and veterans of the Second World War. At the same time, other categories of disabled people who were already in the queue as of 01.01.2005 have the right to receive housing under a social tenancy agreement.

If a disabled person is registered after January 1, 2005, the procedure for submitting an apartment to him is established in accordance with the Housing Code. Regional normative acts may regulate additional preferential grounds for the priority allocation of housing to such a category of citizens.

Conditions for the provision of housing to persons with disabilities

The rules for providing housing to people with disabilities, or families in which children with disabilities are brought up, establish the grounds for registering them as those in need of better housing conditions:

• the provision of housing for each family member is below the standards established by the legislation of the Russian Federation;
• living in an apartment that does not meet sanitary and technical standards (for example, a disabled person, living on the top floor, has a priority right to move to the first floor);
• living in a dwelling of several families, one of which has a person suffering from a severe form of the disease, as a result of which living together with him is dangerous for others;
• a situation in which two or more families live in non-isolated rooms, who are not relatives;
• accommodation in a hostel, with the exception of persons working in seasonal work, on a fixed-term contract or in connection with training.

In accordance with part 2 of article 57 of the RF LC, one of the grounds for obtaining housing under a social rental agreement out of turn is the presence of a severe form of a chronic disease. That is, if the cause of the disability is a serious chronic disease, then the disabled person can apply for an extraordinary receipt of such a living space, and in some cases - for an additional extension of the living space.

List of diseases of disabled people for housing

List of diseases that are taken into account when determining preferential categories citizens, regulated by the Decree of the Government of the Russian Federation No. 378 of 16.06.2006. Citizens suffering from the following diseases can apply for an apartment with an area larger than that established by federal standards:

• active forms of tuberculosis;
• mental illness, in which dispensary treatment is mandatory;
• HIV infection in minors;
• large lesions of the skin with secretions;
• leprosy;
• other serious illnesses.

Required documents

Documents for registration are submitted to the relevant department of the local administration personally, or through a representative acting on the basis of a notarized power of attorney. The package of documents includes:

• statement;
• certificate confirming disability;
• an extract from the house book;
• personal rehabilitation program.

Depending on the basis of registration, you may also need: a document confirming the fact that several families live in one apartment; act of inspection of housing and living conditions; certificate from BTI, etc.

Accommodation for wheelchair users

Apartments for wheelchair users must meet certain requirements. The creation of such a housing stock is within the competence of regional and local authorities.

For example, within the framework of the “Social Support for Moscow Residents” program, new houses with apartments designed specifically for wheelchair users will be built in the capital. The project is scheduled to be completed by 2017. In such apartments, doorways will be expanded, sockets for electrical appliances will be at an accessible height, and the area of \u200b\u200bbalconies will increase.

Housing for disabled people fighting

For this category of beneficiaries, a similar mechanism operates, which depends on the date of registration. A citizen has the right to expect to receive money, based on the cost of 18 square meters in his region, if:

• took part in hostilities on the territory of the USSR, Russia, as well as other states;
• received wounds, contusions, mutilations in connection with serving in the ranks of the Armed Forces or other paramilitary formations;
• registered as needy before January 1, 2005.

The form and procedure for submitting funds is determined independently in each region. In a situation where registration took place after January 1, 2005, there are no advantages for a disabled person in military operations, he will receive a dwelling on a general basis.

Additional housing benefits

In addition to these benefits, disabled persons have the right to apply for additional measures of social support:

• payments for the purchase of housing when applying for the provision of property tax deduction (available to all citizens);
• payment incentives utilities (the amount and grounds for the provision of these benefits are established at the local level).

It must be remembered that the exact list of benefits may vary depending on the region of residence of citizens. Detailed information, as a rule, can be provided by the social protection authorities.

If you have any questions about the allocation of housing to people with disabilities, or officials unreasonably refuse to exercise this right, we recommend that you contact our specialists for help. We will help you compose everything required documents in strict compliance with the law. For consultation, call hotline or leave a request in the feedback form.

ATTENTION! In connection with latest changes in the legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.

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The right of people with disabilities to affordable housing - Laws and regulations - ROBOI

ANNOUNCEMENT

Regional public charitable organization of disabled people "Promoting the protection of the rights of persons with disabilities with the consequences of cerebral palsy" informs that she began the procedure of voluntary liquidation of the organization due to the lack of funds for renting premises to continue activities.

People with disabilities with the consequences of cerebral palsy and parents of children with disabilities can seek advice on e-mail: [email protected]

Order of the Ministry of Health of the Russian Federation of November 30, 2012 No. 991n "On the approval of the list of diseases that give disabled people suffering from them the right to additional living space"

In accordance with article 17 of the Federal Law of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian Federation" (Collected Legislation of the Russian Federation, 1995, No. 48, Art. 4563; 2005, No. 1, Art. 25; 2008, No. 30, Art. 3616; 2012, No. 30, Art. 4175) and subparagraph 5.2.108 of the Regulation on the Ministry of Health of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 19, 2012 No. 608 (Collected Legislation of the Russian Federation, 2012 , No. 26, Article 3526), \u200b\u200bI order:

1. To approve the list of diseases that give disabled people suffering from them the right to additional living space, according to the annex.

2. This order shall enter into force from the date of entry into force of the resolution of the Government of the Russian Federation on recognizing as invalid the resolution of the Government of the Russian Federation of December 21, 2004 No. 817 "On approval of the list of diseases that give disabled persons suffering from them the right to additional living space" (Collected Legislation of the Russian Federation, 2004, No. 52, Art. 5488).

Tuberculosis of any organs and systems with bacterial excretion, confirmed by culture

Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations

F01; F03-F09; F20-F29: F30-F33

Tracheostomy, fecal, urinary fistula, lifelong nephrostomy, bladder stoma (if it is impossible to perform reconstructive surgery on the urinary tract and close the stoma), uncorrected urinary incontinence, unnatural anus (if it is impossible to restore the continuity of the gastrointestinal tract), malformations of the face and skull with impaired breathing, chewing, swallowing

Z93.0; Z93.2-Z93.6; K63.2; N28.8; N32.1-N32.2; N36.0; N39.4; N82; Q35-Q37; Q67.0-Q67.4

Multiple skin lesions with profuse discharge

Arthropathic psoriasis. wheelchair-bound

HIV infection in children

Absence of lower limbs or diseases of the musculoskeletal system, including hereditary genesis, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs

M05-M06; M16-M17; M30-M35; M45; Q72.0; Z89.7-Z89.9: Z99.3

Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs

G35; G60.0; G71.2; G80; T90.2-T90.9; T91.1; T91.3; Z99.3; Z99.8

Conditions after transplantation of internal organs and bone marrow

Severe organic kidney damage, complicated renal failure II - III degree

* International Statistical Classification of Diseases and Related Health Problems (tenth revision).

People with disabilities can receive housing under a social rental agreement with a total area exceeding the provision rate for 1 person (but not more than 2 times). Condition - they suffer from severe forms of chronic diseases. A new list of the latter has been approved.

In particular, this is tuberculosis of any organs and systems with bacterial excretion, confirmed by the culture method. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations. Multiple skin lesions with copious discharge. Lack of lower limbs or diseases of the musculoskeletal system, including hereditary genesis, with persistent dysfunctions of the lower limbs, requiring the use of wheelchairs. Severe organic kidney damage, complicated by grade II-III renal failure.

The order is valid from the date when the previous list expires.

MINISTRY OF HEALTH OF THE RUSSIAN FEDERATION

In accordance with article 51 of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; 2008, N 30, Art. 3616) and subparagraph 5.2.107 of the Regulation on the Ministry of Health of the Russian Federation, approved by the decree of the Government of the Russian Federation dated June 19, 2012 N 608 (Collected Legislation of the Russian Federation, 2012, N 26, Art. 3526), \u200b\u200bI order:

1. To approve the list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment, according to the appendix.

2. This order shall enter into force from the date of entry into force of the resolution of the Government of the Russian Federation on recognizing as invalid the resolution of the Government of the Russian Federation of June 16, 2006 N 378 "On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment "(Collected Legislation of the Russian Federation, 2006, N 25, Art. 2736).

SEVERE FORMS OF CHRONIC DISEASES IN WHICH

IT IS IMPOSSIBLE TO COMMUNICATE CITIZENS IN ONE APARTMENT

<*> International Statistical Classification of Diseases and Related Health Problems (tenth revision).

In November last year, the Russian Ministry of Health approved List of diseases that give disabled people suffering from them the right to additional living space (Order of the Ministry of Health of Russia dated November 30, 2012 No. 991n). and the List of severe forms of chronic diseases, in which it is impossible for citizens to live together in one apartment (Order of the Ministry of Health of Russia dated November 29, 2012 No. 987n). … ..

Let's compare the new and the current Lists.

A list of diseases that give people with disabilities who suffer from them the right to additional living space.

Diseases listed in the List provide the right to additional living space. Reason - Article 17 Federal Law RF "On social protection of disabled people in the Russian Federation": people with disabilities may be provided with living quarters under a social rental agreement with a total area exceeding the provision rate per person (but not more than twice) if they suffer from severe forms of chronic diseases, provided for by the list established by the federal executive body authorized by the Government of the Russian Federation. The current list of diseases was approved by Decree of the Government of the Russian Federation of December 21, 2004 No. 817, the text of the decree is posted on the website of the Russian newspaper.

The new List of Diseases contains not only the names of diseases, but also codes in accordance with the International Classification of Diseases, 10th revision (ICD-10). The International Classification of Diseases contains classes (sections) of codes for diseases and conditions. The ICD is being developed by the World Health Organization and under its leadership, the classification is being revised.

In the new List, the wording of the clause on mental illness has changed significantly. If, according to the current List, the right to additional living space arises if "Mental illness requiring compulsory dispensary observation", then, according to the new List, such a right is granted in the presence of certain "chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations."

The formulation of diseases that give the right to additional living space to “wheelchair users” is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. The rest of the wording remained the same: such diseases, in particular, include organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and / or with dysfunction of the pelvic organs. The new List has been updated with disease-specific codes, including the G80 code for cerebral palsy.

2. Mental illnesses requiring compulsory dispensary observation.

8.Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs.

2. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations: F01; F03 - F09; F20-F29; F30 - F33.

F01 - Vascular dementia

F03 - F09 - unspecified dementia; organic amnestic syndrome, not caused by alcohol or other psychoactive substances; delirium not caused by alcohol or other psychoactive substances, other mental disorders due to brain damage and dysfunction or medical illness; personality and behavioral disorders due to brain disease, damage, or dysfunction; organic or symptomatic mental disorder, unspecified.

8.Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs - G35; G60.0; G71.2; G80; T90.2 - T90.9; T91.1; T91.3; Z99.3; Z99.8.

G35 Multiple sclerosis

G60.0 Hereditary motor and sensory neuropathy

G71.2 Congenital myopathies

G80 Cerebral palsy

T90.2 Sequelae of fracture of skull and facial bones

T90.3 Sequelae of trauma to cranial nerves

T90.4 Consequences of eye injury to the periobital region

T90.5 Sequelae of intracranial injury

T90.8 Consequences of other specified head injuries

T90.9 Sequelae of unspecified head injury

T91.1 Sequelae of fracture of spine

T91.3 Sequelae of spinal cord injury

Z99.3 Dependence on wheelchair

Z99.8 Dependency on other auxiliary machinery and devices

The list of severe forms of chronic diseases, in which it is impossible for citizens to live together in one apartment.

If the family includes a patient suffering from a severe form of chronic disease from this List, then the family, subject to the conditions provided for by housing legislation, is recognized as in need of residential premises provided under social rental contracts; at the same time, housing must be provided out of turn; the area of \u200b\u200bthe premises may exceed the provision rate for one person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

The current list was approved by the Decree of the Government of the Russian Federation of June 16, 2006 No. 378, it can be seen on the website of the "Rossiyskaya Gazeta". The new Order significantly reduced the list of chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations. According to the current List, such diseases include the entire ICD-10 class "Mental and behavioral disorders" - F00-F99. This class includes, for example, block F70-F79 "Mental retardation", block F80-F89 "Disorders of psychological development", block F90-F98 "Emotional disorders, behavioral disorders, usually beginning in childhood and adolescence." The new List is limited to diseases with codes F20-F29; F30-F33.

The section "Epilepsy with frequent seizures" is supplemented with the code G41 - Status epilepticus.

If at the time of registration of the family as needing residential premises, the child's illness was included in the List of Chronic Diseases in which it is impossible for citizens to live together in the same apartment, but this disease is absent in the new List, then this circumstance does not deprive the family of the right to receive an extra premises.

Excerpts from the List with decoding codes.

3. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations F00 - F99.

Decoding codes (by blocks):

F00-F09 Organic, including symptomatic, mental disorders

F10-F19 Mental and behavioral disorders associated with psychoactive substance use

F20-F29 Schizophrenia, schizotypal and delusional disorders

F30-F39 Mood disorders (affective disorders)

F40-F48 Stress-related neurotic and somatoform disorders

F50-F59 Behavioral syndromes associated with physiological disorders and physical factors

F60-F69 Disorders of personality and behavior in adulthood

F70-F79 Mental retardation

F80-F89 Developmental disorders

F90-F98 Emotional disorders, conduct disorders, usually onset in childhood and adolescence

F99 Unspecified mental disorders

4 epilepsy with frequent seizures - G40

3. Chronic and protracted mental disorders with severe persistent or often exacerbated painful manifestations F20 - F29; F30 - F33

F21 Schizotypal disorder

F22 Chronic delusional disorder

F23 Acute and transient psychotic disorders

F24 Induced delusional disorder

F25 Schizoaffective disorders

F28 Other nonorganic psychotic disorders

F29 Unspecified inorganic psychosis

F30 Manic episode

F31 Bipolar disorder

F32 Depressive episode

F33 Recurrent depressive disorder

4 Epilepsy with frequent seizures - G40 - G41

G41 Status epilepticus

Yes, Olga! We have already written about this in detail: people with disabilities and families with children with disabilities who need to improve their living conditions, registered after January 1, 2005, are provided with living quarters in accordance with Art. 17 ФЗ № 181-ФЗ "On social protection of disabled people in the Russian Federation", federal and regional housing legislation for these categories of citizens. There are federal Lists on the basis of which housing conditions can be improved for disabled people and their families - List of diseases that give disabled people suffering from them the right to additional living space (Order No. 991n of November 30, 2012 of the Ministry of Health of the Russian Federation); The list of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment, approved by Order No. 987n of 29.11. 2012 of the Ministry of Health of the Russian Federation) and regional Lists approved by the relevant executive authorities. Since now, in each region of the Russian Federation, Lists of certain categories of citizens have been developed to whom living quarters in the region (city) are provided out of turn (this list is regulated by the relevant articles of regional laws "On ensuring the rights of residents .... ( region specified) for living quarters "): request this List (List) from the local government that put you on the housing register, and carefully study it.

Sorry, I was wrong, Marina. Therefore - I repeat my answer:

living spaces

I wish you good luck and patience.

Sincerely, Olga

Olga! I answer again:

Those in need of living quarters (in accordance with Part 1 of Article 51 of the RF LC) are also citizens who live in an apartment occupied by several families, if there is a sick person in the familysuffering from a severe form of chronic disease, in which it is impossible to cohabit with him in the same apartment, and there is no other housing. In accordance with part 2 of the named article, such citizens living spaces provided under social employment contracts out of turn. The problem is that the Housing Code of the Russian Federation, securing for the citizens listed in paragraphs 1 and 3 of part 2 of Art. 57, the right to receive housing out of turn, did not indicate the timing of the provision of such housing, i.e. there is no indication of the order of persons (for example, of an equal category in terms of morbidity, etc., conditions of housing provision).

In the List of severe forms of chronic diseases in which it is impossible for citizens to live together in one apartment, approved by Order No. 987n of 29.11. 2012, Ministry of Health of the Russian Federation) included Epilepsy with frequent seizures (ICD code G40-G41).

If you have such a disease code, then d get included in the list of "extraordinary", which is compiled in housing commission local government body. You can, of course, sue, and prove that the provision of residential premises out of turn does not imply the inclusion of a citizen in any queue, and the implementation of the right of citizens to the extraordinary provision of housing does not depend on the presence (or absence) of other persons entitled to receive living space out of turn, or from the provision of housing to other people on the waiting list: from the time of registration as those in need of better housing conditions, and even more so - from the time of their registration and inclusion in the list of extraordinary people (by the local government).

I wish you good luck and patience.

WE ARE SUITABLE FOR FREE HOUSING? MOTHER A LONELY MOTHER WITHOUT LOTS OF LOTS. STANDING IN THE COMMON.

Registration is carried out by a local government body on the basis of citizens' applications submitted by them at their place of residence. The registration of incapacitated citizens is carried out on the basis of applications for registration submitted by their legal representatives ", including guardians. The application must be accompanied by documents on the income of your family members and their own, as well as on the property owned by the family - land plot, garden house, car - i.e. all property subject to tax. This is necessary in order to recognize (or not recognize) you as poor and / or in need of housing.