Application for concluding a social rental agreement for residential premises

Today, renting an apartment is quite expensive in almost any city in the country.
In Moscow, for example, a one-room apartment costs an average of 30,000 rubles per month. Under a social tenancy agreement, such an apartment can be rented for just over 1,000 rubles per month. Of course, such an apartment is quite difficult to find. They are provided only on a first-come, first-served basis to those in need of housing who cannot purchase apartments either with their own funds or with borrowed funds.

A social tenancy agreement is a document that provides municipal housing at the disposal of the tenant from the owner (municipality or state) on certain preferential terms.

General information

Often, tenants can be completely exempt from paying rent and have certain subsidies for utility bills. Only persons who are clearly established in state legislative documents can draw up such an agreement.

What type of housing can be obtained under a social tenancy agreement?

Not all housing can be rented out under social tenancy conditions. The main requirement is that housing be on the balance sheet of the state or municipality. In addition, the living space must be suitable for habitation and separated from other premises. All basic communications must be provided in the housing provided: lighting, heating, sewerage, water supply. In addition, the room must be suitable in size for the number of residents.

Social tenancy agreement

A social tenancy agreement, like any other official document, has its own drafting features.

The parties to the transaction in this case will be:

Lessor is a legal or natural person who transfers housing for use. Often in rental agreements, such a person will be the housing stock, which can be municipal or state,
Tenant or tenant is a citizen who receives residential premises for use.

IMPORTANT: after concluding a social tenancy agreement, property rights remain with the state or municipality; property rights can be transferred to tenants only after the privatization procedure. Without privatization, tenants retain only the right of residence and use.

The document itself describes in detail all the conditions for concluding the transaction.

The document is drawn up in writing and signed by both parties. Notarization is not required. A standard social tenancy agreement form can be downloaded here.

Conditions that are important to include in a social tenancy agreement:

The subject of a social rental agreement can only be housing or part of it, which is on the balance sheet of the state or municipality, that is, the house must be state property.
The subject of the transaction can only be a separate premises - a house, apartment or parts thereof. Shared premises, for example, a kitchen, bathroom, corridor, or parts thereof cannot be the subject of a transaction. The subject of the transaction must be described as specifically and in detail as possible - area, floor of accommodation, number of rooms, physical condition, property available in the premises being rented, and so on.
The size of the premises to be leased must strictly comply with established state standards, depending on the number of residents. For one person, a minimum of 33 square meters, for two people - 42 square meters, with a larger number, the area is calculated from the norm of 18 square meters per person.

IMPORTANT: accounting standards may differ for different regions, as they are established by local authorities.

Availability and amount of payment for accommodation, terms and method of payment. The fee for the use of the premises is calculated from the cost per square meter; this amount may be indexed annually. The owner sets the cost of one square meter independently.
Terms of concluding a social tenancy agreement; as a rule, such an agreement is concluded on an indefinite basis. Even if the tenant moves to another place of residence or dies, the social tenancy agreement will remain in force for his family. The term of a social tenancy agreement can only end in the event of termination by one of the parties or privatization.
List of persons who are allowed to live in the apartment together with the responsible tenant.
Obligations to pay for housing and communal services.
Questions regarding those responsible for carrying out cosmetic and major repairs. As a rule, the responsible tenant remains responsible for performing routine repairs and maintaining the premises in good condition.
The rights and obligations of the tenant are to move other people into the residential premises, allow temporary residence in the premises of other persons, apply for an exchange of housing, demand major repairs, participate in the maintenance of common property in an apartment building, use the residential premises for their intended purpose, that is, for living , and not to set up warehouses, a salon or a workshop, to keep the premises in good condition, to carry out routine repairs, to pay for accommodation and utilities on time. All rights and obligations of the tenant apply to all family members who plan to live with him.
Rights and obligations of the landlord - the right to demand timely payment for the use of the premises and utility bills, the obligation to provide residential premises, which are exempt from the rights of other persons to it, to properly maintain and repair common household property together with other residents, to carry out major repairs in the residential premises.

Who can sign a social tenancy agreement?

Only certain categories of citizens can count on social rental housing. At the level of federal legislative documents, only one large category is defined - low-income citizens in need of improved housing conditions. All other categories of the population can be additionally determined by local governments.

To recognize citizens as low-income, it is necessary to analyze the following data:
The value of existing real estate owned by family members,
Average income level for each family member,
To recognize the poor as needing improved housing conditions, it is necessary:
Lack of other housing for family members (owned or under another social rental agreement),
They live in premises unsuitable for habitation (a fact officially established),
The area of the premises in which citizens live under conditions of social rent or ownership does not comply with established standards,
At the same time, a person lives in the apartment who has a chronic disease, living together with whom is dangerous.

If there are certain circumstances mentioned above, citizens can apply for improvement of housing conditions and registration. Then you just have to wait in line.

The following can receive housing without a queue under the terms of a social rental agreement:

Orphans who have reached adulthood,
Citizens with certain chronic diseases
Persons living in unsuitable conditions for living
Released prisoners
Men after military service.

People who do not have Russian citizenship and foreign citizens will not be able to take advantage of a social rental agreement, even if the above conditions are met.

IMPORTANT: in order to obtain a social rental agreement, some citizens deliberately worsen their living conditions - they exchange an apartment for a smaller area, enter into fictitious marriages or divorces, and move new tenants into the existing space. If this fact is revealed, it will be possible to register as poor only after five years have passed from the moment the conditions worsened.

A package of documents for drawing up a social tenancy agreement

In order to become a social housing tenant, you will need to submit a package of documents, which may differ from the different grounds for obtaining housing under a social tenancy agreement. The package of necessary documents must confirm the existing status for obtaining housing under a social tenancy agreement.

These may be the following documents:

A certificate from social protection or the labor department stating that citizens belong to the category of low-income people,
Medical certificates confirming the presence of a disease dangerous to others,
Documents for housing in which they currently live, indicating the area and list of residents,
Documents confirming the status of an orphan,
Documents confirming the unsuitability of the current place of residence (such characteristics of the house can be obtained from the MFC or the city administration),
If there is an already concluded social tenancy agreement - a warrant for residential premises, a decision to provide a municipal apartment, a court decision obliging him to conclude a social tenancy agreement with him.

In addition to the document providing the basis for obtaining social housing, you must provide:
An application for housing under a social rental agreement, which can be drawn up in any form, is signed by all family members who want to be recognized as low-income and qualify for social rental housing. Application templates can be found at local authorities, on the government services website or at the MFC branch.
Identification document of the applicant and other members of his family,
A copy of the marriage document (if available),
Documents that confirm family ties between those who plan to live in public housing,
An extract from the house register,
Additional documents if necessary.

The collected package of documents must be submitted to the local administration for registration as those in need of improved housing conditions.

The decision to register as those in need of improved housing conditions is made within 30 days from the date of submission of the application. After the decision is made, the applicant must be notified of it within three days.

Where to submit documents for registration?

A citizen enters into a social rental agreement with the housing department of the relevant municipality (city, village, town, etc.). For example, Muscovites need to contact the address: Gazetny Lane, 1/12. You can submit a package of documents for consideration in various ways:

personally or by proxy;
by registered mail with a list of attachments;
using the State Services website;
through Multifunctional Centers.

Attention! Submitting documents through the MFC is in many ways easier and more convenient.

The branches are geographically more accessible and are located even in remote villages. Center staff will help identify errors and shortcomings at the stage of document acceptance. All necessary certificates and documents can be obtained immediately, without visiting various structures and without standing in queues.

Refusal

The reason for refusal may be the submission of an incomplete set of documents, identification of the fact of deliberate deterioration of living conditions, and so on. The decision to refuse registration may be appealed in court.

It is worth keeping in mind that the queue for housing under social rent moves extremely slowly; you can get new housing in several years, or even decades. You can speed up getting an apartment only by constantly updating your package of documents when some significant event occurs that can transfer you to the category of those who receive apartments without a queue or in the first rows. It is worth submitting new documents for consideration if your income has decreased, your family has expanded, or one of your relatives has died.

Low-income people who are recognized as in need of improved living conditions can receive housing from the state on preferential terms. Under social rental conditions, the premises are transferred only for residence and use, ownership rights remain with the state.

How to compose?

The application form, as well as instructions for writing it, can be obtained from the MFC or on the State Services website. This document is filled out as follows:

The header indicates to which administrative body the document is being submitted and to which manager. Then – full name, address, passport and contact details of the applicant.
In the text of the application, write - “I request you to enter into a social rental agreement for residential premises at the address:___, received on the basis of___.”
Write the address of the residential premises and the basis on which it was received. The basis may be a warrant, a court order or a decision of the local administration. If such a document is lost, it can be restored in court.
Next, it is necessary to list all family members, indicating the last name, first name, patronymic, date of birth and relationship to the applicant - “Include the tenant’s family as members in the social tenancy agreement for the above-mentioned residential premises__.”
List all documents attached to the application, be sure to indicate their type (copy or original).
Add date and signature.

The application is signed by all family members indicated in it. If one of the residents, due to circumstances, cannot sign in person, this can be done for him by proxy.