List of diseases giving the right to priority housing. The right to priority provision of residential premises in accordance with the Housing Code of the RSFSR

Housing complex of the Russian Federation Article 57. Provision of residential premises under social tenancy agreements to citizens registered as needing residential premises

1. Residential premises are provided to citizens registered as needing residential premises in order of priority based on the time such citizens were registered, with the exception of the cases established by part 2 of this article.

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

1) citizens whose residential premises are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction;

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

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

5. Under a social tenancy agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the relevant locality) with a total area per person not less than the provision norm.

(see text in the previous edition)

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

7. When determining the total area of ​​residential premises provided under a social tenancy agreement to a citizen who owns residential premises, the area of ​​the residential premises owned by him is taken into account.

8. When providing a citizen with residential premises under a social tenancy agreement, actions and civil transactions with residential premises are taken into account, the commission of which led to a reduction in the size of the occupied residential premises or to their alienation. The specified transactions and actions are taken into account for the period established by the law of the constituent entity of the Russian Federation preceding the provision of residential premises to a citizen under a social tenancy agreement, but not less than five years.

9. The procedure for determining the total area of ​​the 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.

Every citizen of the Russian Federation has the right to housing guaranteed by Article 40 of our constitution. Today, free housing, as before, is provided to those citizens (in order of priority) who most urgently need it. True, getting an apartment under this scheme is not easy. What documents should be collected to get housing for free, and how to do it?

Who applies for a free apartment, and who can get free housing out of turn in Russia

Currently, you can count on free housing from the state (according to Federal Law No. 29 dated June 14, 2006) under the following conditions:

1. The family is recognized as poor (low income).
2. The size of the family’s housing area is below the accounting norm for each family member. It is worth noting that this standard is set separately by region. For example, in Moscow – 10 sq/m per 1 family member, and in Vladivostok – 13 sq/m. Note: in the process of determining the area of ​​a family’s housing, the area of ​​the real estate that each person owns is also taken into account.
3. The dilapidated condition of the housing where the family lives. Or the house cannot be repaired and is declared unfit for habitation by a special commission. The decision on whether a house is “unsafe” is made by executive authorities.
4. Living in a shared area with the family (communal apartment) for a chronically ill person with a severe form of the disease. The list of such diseases is in Decree No. 378 dated 16/06/06. For example, tuberculosis or gangrene, etc.
5. Lack of amenities in the house. For example, electricity or heating, hot water and/or plumbing, baths, stoves, etc.
6. Family members do not own any real estate if they have the right to reside in the Russian Federation.

On a note:

Only those citizens who are recognized as low-income and in dire need of improved housing conditions can get on the waiting list. The status of the apartment (state-owned/owned) does not matter - financial insolvency matters most. It is also worth noting that families who registered before the adoption of the new housing code (before 2005) will not have to prove their financial insolvency. But for those who get in line today, this fact will have to be confirmed by a solid package of documents.

Free housing out of turn – who is eligible?

1. Persons whose housing, according to the established procedure, was officially declared unfit for habitation, as well as unsuitable for repair/reconstruction.
2. All children are orphans.
3. All children who were left without parental care.
4. All persons with a history of severe chronic illnesses that can harm the health of others.

Full list of documents for the queue for a free apartment

If you have grounds for obtaining the status of a “waiting list” and claiming the right to free housing, prepare package of documents for the housing commission:

1. Application (based on sample). It must be signed by each member of your family over 18 years of age who wishes to receive the status of “in need”, and certified by the move-in/registration department (at your place of residence).
2. Russian Federation passport of the applicant and all family members + photocopies of the necessary pages (marital status and children, photo with place of residence, information about previously issued passports). In this case, family members are the husband (wife) and their children under 18 years of age, or persons who live with them and have other signs of kinship, or those persons who live with the applicant, including those brought into the area as family members By the tribunal's decision.
3. All documents (+ copies) defining/confirming family composition, family relationships, etc. That is, birth/marriage or divorce certificates, all relevant court decisions or guardianship decisions, etc.
4. Form 7 and 9 (both are valid for 1 month only).
5. An extract from the personal account about the number of residents (valid for 1 month).
6. An extract from the Unified State Register with information about the presence/absence of housing owned by the applicant and family members (the certificate is provided separately for each, valid for 1 month).
7. Documents that are the basis for registration of the applicant and family members on their premises: a gift agreement or transfer of ownership, a warrant or a social tenancy agreement, etc.
8. Information about income - for the last 12 months, for each family member: documents on scholarships and benefits, a certificate of pension amount, all certificates from work, etc. In the absence of work: original + copy of the work book (certify in advance in the personnel department) ; statement (did not work anywhere, had no income, lived dependent on so-and-so), certified by a notary; a certificate from the employment center (that there was a fact of receipt/non-receipt of unemployment benefits).
9. A package of documents/certificates with information about the value of all property owned (taxable property) by the applicant and other family members. That is, a certificate from the PIB, a document from the Committee on Land Resources and Land Management (about the standard price of a plot), a document with an assessment of vehicles owned (taken from an appropriately licensed organization). Of course, each certificate must be “fresh” (as of the year of application).
10. A package of documents with information confirming the right to benefits for the provision of residential premises (originals + copies). That is, all disability documents, certificates, etc.
11. TIN + SNILS (also originals + copies) – for each (if available).
12. Certificates about the technical/condition of living quarters (conclusions, acts, etc.) - for those persons who live in premises unfit for habitation.
13. Documents about those residential premises suitable for permanent residence that are located outside the city in which the application is being submitted (required for each family member, if such housing exists).
14. Documents about housing security and the fact of living in one of the cities of the Russian Federation on a legal basis for 10 years (certificate of registration).
15. A package of documents/certificates regarding the right to receive housing out of turn (if such right exists). The following documents may be needed: an act of the interdepartmental commission stating that the housing is unsuitable for living (under Article 57, paragraph 2, paragraph 1 of the Housing Code), certificates from a medical institution (under Article 57, paragraph 2, paragraph 3 of the Housing Code) , a document from the guardianship authorities (under Article 57, paragraph 2, paragraph 2 of the Housing Code).
16. A package of documents confirming the recognition of a citizen (citizens) as low-income. The decision on such recognition is issued by the Social Security Administration. In addition to it, the following will be useful: 2-personal income tax, certificates of scholarship/pension, child benefits, etc. That is, all documents and certificates that confirm income for the last 2 years.
17. If the documents are submitted by the applicant's authorized representative: an envelope with a paper binder; power of attorney (issued in the prescribed manner), passport.

Read also: Federal Target Program Housing 2011-2015

Where to go and how to get on the waiting list for social housing - instructions

The first step to “waiting list” status for free housing is the official recognition of a low-income family. Such a decision is made if the income of each adult family member is below the subsistence level. The presence of taxable real estate and cars is also taken into account. After recognizing the family as low-income and assigning state/social/benefits, you can begin that difficult (alas) path, which, under a successful set of circumstances, will culminate in receiving free housing. Where to start and what to remember?

How to get in line - instructions.

1. We specify the complete (for your region and in your case) list of certificates/documents and application form.
2. We submit documents along with the application to the local government authorities at the place of residence.
3. We are waiting for the special commission to make a decision (the documents are reviewed for about 1 month). If you receive the “waiting list” status or, conversely, if you are refused, you will be sent a written response (within 3 days). Possible reasons for refusal are an excess of the total family income in comparison with the norms corresponding to the status of “poor”, deliberate deterioration of living conditions (unauthorized persons registered in your apartment, exchange of a large area for a smaller one, etc.).

If there are no grounds for receiving housing out of turn, then you will be given the status of a waiting list, and already in the regular queue you will wait for the keys to free housing.

Why they may deregister or move the queue back - reasons:

1. Submitting an application for deregistration.
2. Loss of the grounds that gave the right to free housing.
3. Change of place of residence followed by residence in another municipality.
4. Receiving funds from the state for the purchase/construction of housing or a plot for building a house.
5. Identifying false information in documents.
6. Changes in family composition or living conditions.
7. Loss of grounds for social rent.
8. Intentional deterioration of living conditions.
9. 3 refusals of the proposed housing.

On a note:

The property/living conditions of those on the waiting list are checked by the authorities:

Tell me why we are not eligible for housing. Since the Housing Code of the Russian Federation does not indicate the period during which housing should be provided out of turn, it will be allocated in a fixed order according to the list of out-of-turn residents, which is formed and maintained by the local government body in accordance with the law of the subject of the Russian Federation. In some cases, courts of general jurisdiction, when considering citizens' claims for housing out of turn, despite the citizens' right to receive housing out of turn, refused to satisfy citizens' demands.

List of diseases giving the right to priority housing

Housing Complex of the Russian Federation). Reference. List of severe forms of chronic diseases Severe forms of chronic diseases, in which citizens suffering from them have the right to receive housing without a queue, include (List, approved by 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 copious discharge; - chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations; - epilepsy with frequent seizures; - gangrene of the limbs; - gangrene and necrosis of the lung; - lung abscess; - gangrenous pyoderma; - multiple skin lesions with copious discharge; - intestinal and urethral fistulas.
3.

Extraordinary receipt of housing

The current list was approved by Decree of the Government of the Russian Federation dated June 16, 2006 No. 378, it can be seen on the website of the Rossiyskaya Gazeta.

The new Order has significantly reduced the list of chronic and protracted mental disorders with severe, persistent or often exacerbating painful manifestations. According to the current List, such diseases include the entire class of ICD-10 “Mental disorders and behavioral disorders” - F00-F99.

Who is eligible to receive housing ahead of the queue?

Disabled children - orphans or without parental care, living in social service organizations. This category of citizens is subject to provision of residential premises out of turn when the disabled person reaches the age of 18 years, if the individual rehabilitation or habilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle (Article 17 of the Law of November 24, 1995 N 181-FZ). 4. Teaching staff registered as needing residential premises This category of citizens has the right to be provided with priority residential premises under social tenancy agreements, as well as the right to be provided with residential premises of a specialized housing stock (clause
6 hours 5 tbsp. 47 of the Law of December 29, 2012 N 273-FZ). 5.

Forum for mutual legal assistance of military personnel

The text of the resolution was published in Rossiyskaya Gazeta on June 21, 2006. Extraordinary receipt of housing 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 the tenant of residential premises under a social tenancy agreement or owners of residential premises, family members of the owner of residential premises living in the apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which living together with him in the same apartment is impossible, and who do not have other residential premises occupied under a social tenancy agreement or owned by right of ownership.

Roboi

Important

Lists. List of diseases that give disabled people suffering from them the right to additional living space The diseases specified in the List provide the right to receive additional living space. The basis is Article 17 of the Federal Law of the Russian Federation “On the social protection of people with disabilities in the Russian Federation”: people with disabilities can be provided with residential premises under a social tenancy 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 in the list established by the federal executive body authorized by the Government of the Russian Federation. List of diseases giving the right to priority housing No. 181-FZ “On social protection of disabled people in the Russian Federation” (Collected Legislation of the Russian Federation, 1995 , No. 48, art.

List of diseases giving the right to priority housing

When providing residential premises under social tenancy agreements to citizens registered as needing residential premises, one should take into account the fact that they are provided to those suffering from severe forms of chronic diseases out of turn (Part 3 of Article 57 of the Housing Code of the Russian Federation). However, only those citizens who were registered for housing after March 1, 2005 can exercise this right - 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 have, on the basis of Decree of the Government of the Russian Federation of June 16, 2006 N 378, the right to priority receipt of residential premises.

Illnesses giving the right to priority housing

The formulation of diseases that grant the right to additional living space to wheelchair users is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. Otherwise, the wording remains 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) dysfunction of the pelvic organs.
The new List is updated with disease-specific codes, including code G80 for cerebral palsy. Excerpts from the List with decoding of codes Current List 2. Mental illnesses requiring mandatory medical observation.

Attention

At the same time, the procedure for the simultaneous application of these two acts has not been determined at the moment. The presence of a citizen of a disease included in the List approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378, imposes restrictions on the exchange of residential premises and subletting.

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, a citizen suffering from one of the severe forms of chronic diseases provided for in the mentioned 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 moving in 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.

Diseases giving the right to priority housing for military personnel

In 2012, the Russian Ministry of Health approved the List of diseases that give disabled people suffering from them the right to additional living space (Order of the Russian Ministry of Health dated November 29, 2012 No. 987n) and the List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment (Order of the Ministry of Health Russia dated November 30, 2012 No. 991n). The documents have not entered into force and will be applied only after the cancellation of the currently valid Lists (approved by Government Decree R.

F. dated December 21, 2004 No. 817 and Government Decree of the Russian Federation dated June 16, 2006 No. 378). The texts of the new orders and the Lists approved by them can be seen on the Rossiyskaya Gazeta website: here and here. Let's compare the new and existing Lists.
Housing Code of the Russian Federation). The current list is approved by Decree of the Government of the Russian Federation dated June 16, 2006 No. 378, it can be seen on the website of the Rossiyskaya Gazeta.

The new Order has significantly reduced the list of chronic and protracted mental disorders with severe, persistent or often exacerbating painful manifestations. According to the current List, such diseases include the entire ICD-10 class Mental disorders 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 Epilepsy with frequent seizures section has been supplemented with code G41 Status epilepticus.

Lawyer Alexey Abramov answers questions from the magazine's readers.

I have been standing with my mother and brother since 1998 in line to improve my living conditions. The three of us are entitled to (minus the available living space) 32 square meters. m. Recently, the district housing department calculated the meters in a new way: taking into account the apartment, the owner of which is my wife. In the end it turned out to be only 24 square meters. m. Is this correct? Why is real estate that belonged to my wife before our marriage taken into account?

In accordance with the Moscow Law of June 14, 2006 No. 29 “On ensuring the right of residents of the city of Moscow to residential premises”, when making decisions on providing for use or providing assistance in purchasing housing, the authorized executive authorities of the city check information on the availability applicants and members of their families have other residential premises in respect of which they have an independent right of use or right of ownership (clause 5 of Article 21 of the Law).

Since your wife’s apartment is her sole property (purchased before marriage), none of the three of you has the right of use, much less ownership, in relation to this residential premises.

Thus, I believe that the department took into account your spouse’s living quarters without legal grounds.

A five-story building for demolition; five people are registered in a two-room apartment under a social tenancy agreement. The house began to be resettled in 2008. Friends advised us to urgently get off the waiting list. They say, if you are not on the waiting list, then resettlement will be according to the social norm - 18 square meters. m per person. Sounds somewhat dubious, maybe you know something about this?

In accordance with Art. 13 of the Law “On ensuring the housing rights of citizens during the relocation and vacancy of residential premises (residential buildings) in the city of Moscow”, citizens who vacate premises occupied under social tenancy agreements and who are on the housing register, with their consent, have their housing conditions improved in order of priority. In this case, the date of recognition of them as needing improvement of living conditions or living quarters is taken into account.

If citizens refuse to improve their living conditions, they are provided with living space equivalent in total area to the one occupied. Such citizens continue to be registered with housing until their turn arrives.

My husband and his daughter from his first marriage are registered in the Moscow region in a non-privatized apartment. I am expecting a child who we plan to register there. Please tell me, can we get in line to expand the area or is this only for Moscow? Now the apartment is 45 sq. m, three will be registered.

In order to register for housing, you must be recognized as low-income, and also have a housing area less than the registration norm.

The size of the accounting norm in each district of the Moscow region is established by the local government body. For example, in Pushchino or Yubileiny the norm is no more than 10 square meters. m. Therefore, if in one of these cities in an apartment with an area of ​​45 sq. m live three people, they cannot count on improved living conditions.

I'm an adult. I live with my parents and my sister’s family (her, husband, child) in a communal apartment. We occupy two of the three rooms. We have been on a waiting list for improved housing conditions since 1990. Should we be given an apartment in our area? What options are possible? Can we get three one-room apartments or a two-room and one-room apartment?

Preservation of the area of ​​residence is valid only for those citizens who are relocated from houses subject to demolition. Everyone else is provided with housing within Moscow.

Your family will be allocated housing at a rate of at least 18 square meters. m for each family member (when the turn comes). The law states that the demands of citizens, not based on the norms of federal legislation and the legislation of the city of Moscow, for the provision of residential premises in a specific place, house, on the floor, at a specific address, with a certain number of rooms, cannot be satisfied.

The family was on a waiting list for improved living conditions. Recently housing was provided, but for each person there is less than the established standard. Will the family be taken off the waiting list?

In general, the provision rate is 18 sq. m per family member.

The grounds for deregistration from housing registration are specified in Art. 15 of the Moscow Law “On ensuring the right of residents of the city of Moscow to residential premises”:

In case of leaving for permanent residence outside the city of Moscow;

- when there is a change in the living conditions of residents of the city of Moscow who are recognized as needing to improve their living conditions, as a result of which the grounds for providing for use or acquiring residential premises with the help of the city of Moscow no longer exist (since they were given less than required, I believe that you cannot be removed from housing accounting);

- in case of loss of grounds for obtaining residential premises under a social tenancy agreement or free use by residents of the city of Moscow recognized as needing residential premises;

- when transferring subsidies in accordance with the established procedure;

- when the authorized executive authorities of the city of Moscow identify information that does not correspond to that specified in the application, as well as in the documents submitted by the applicant;

- when the authorized executive authorities of the city of Moscow identify cases of unlawful actions of officials during housing registration, which led to the unreasonable acceptance of citizens for housing registration;

- when submitting a personal application to the authorized executive authorities of the city of Moscow for removal from the housing register or in the event that they are provided with residential premises in accordance with this Law;

- in other cases provided for by federal legislation and the legislation of the city of Moscow.

In connection with the resettlement of our house, we are given an apartment under a social rent agreement. We have collected all the certificates, as required, and we are waiting. But the fact is that I’m getting married soon, the marriage registration is planned for the period when the social rent agreement is not yet ready. If I get married and change my last name, will I have to redo all the certificates and wait again for another contract? What's the best way to do it? Maybe we should postpone registration?

I think there is no point in postponing marriage registration. After all, even if you change your last name, your maiden name will be indicated on the marriage certificate. You can present a copy and original of this certificate. Thus, your marriage will not affect your receipt of an apartment in any way.

I am an orphan, standing in line for housing, already included in the consolidated list. A distant relative wants to register me in her apartment. Will I lose my right to social housing in this case? I am a single mother, can this somehow affect the area of ​​the premises provided?

The right to housing for orphans is enshrined in Art. 8 of the Law “On additional guarantees for social support of orphans and children left without parental care”, it does not depend on the presence of registration. If you have stated everything correctly in your question, then registration will not be a basis for removing you from the queue.

The status of a single mother will not affect the housing area in any way.

Does a low-income family (who owns an apartment in a dilapidated building) have the right to be provided with housing out of turn? The city administration refused based on the availability of housing in the property. Is it worth going to court?

I think there is no point in filing a lawsuit.

In accordance with paragraph 2 of Art. 57 of the Housing Code of the Russian Federation, out of turn, apartments are provided under social tenancy agreements to citizens whose residential premises are recognized in accordance with the established procedure as unfit for habitation and are not subject to repair or reconstruction. You are not considered a tenant, as you are the owner of the property.