Going to court can help you speed up the procedure for issuing housing if you are registered and have already submitted an application for housing, but have not been provided with it. In this case, the claim for housing will be standard and you will most likely be able to win the case even without the help of a lawyer.
Step 1. Pay the fee and collect documents
The state fee for filing such a claim is 300 rubles. You can pay it at any bank.
To claim you will need:
- receipt of payment of state duty
- copies of 2, 3, 4, 5 pages of the passport (main and pages with registration)
- certificate of residence
- a copy of the document on inclusion in the list of orphans in need of housing (for example, a response from the Ministry of Education)
- a copy of your application to the local administration for housing with a mark of acceptance (if the application was submitted by mail, attach postal receipts)
- a copy of the letter from the local administration (if there is a “reply” stating that housing cannot be provided; if there was no response, then nothing is attached)
Step 2. Prepare a statement of claim
- Download the application for housing, print it out and fill in the blanks by hand, describing your situation in your own words. Don’t forget to correct the address of the court and the defendant – the government body that must provide housing – in the template.
- Attach the documents collected in the previous step. List the documents in the application appendix.
Step 3. Submit documents to court
Send the claim to the court at the location of the defendant, by registered mail with notification, or take it personally to the office.
If the claim is filed in person, make a copy of it in advance and ask the court receptionist to mark it as accepted and date it. Also, when submitting, you must have the originals of all previously collected documents.
If you are unsure of the correctness of your actions, consult with a lawyer.
The legislative framework
Before filing a claim, you should familiarize yourself with the legal framework and determine which laws need to be referred to.
In controversial situations concerning real estate, the following regulations apply:
- Civil Code of the Russian Federation. It can be referred to by applicants whose claims are related to the right of ownership of real estate and its implementation: possession, use and disposal. The owner is obliged to use the property for its intended purpose and bear the burden of its maintenance. Sale of property, redevelopment, liquidation require the participation of authorized bodies. If someone restricts the rights of the owner without reason, he can go to court,
- Housing Code of the Russian Federation. Most often, this code is applied in situations where a person receives property under a social tenancy agreement. Based on this agreement, a citizen can own and use real estate, but not dispose of it.
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Where to contact
Disputes arising with local executive authorities are authorized to be resolved by city or district courts. The territorial structure of the settlement is taken into account.
Thus, the claim is sent to one of the specified courts at the place where the responsible executive body is located - the defendant in the case to which the claims are made.
But jurisdiction is also established based on the location of the housing recognized as unsafe.
These rules do not cause any contradictions, the jurisdiction is the same. Local administration authorities in the territory where the emergency facility is located are responsible for houses that have emergency status.
Watch the video. Emergency housing. Compensation or relocation:
Requirement Boundaries
As mentioned above, only citizens living in apartments or houses on social rental terms can demand the provision of housing to replace emergency housing.
For citizens who have privatized their housing, this possibility is excluded. However, if their housing is recognized as unsafe, they can demand from local executive authorities:
- concluding an exchange agreement, as a result of which the local administration receives ownership of emergency housing and transfers to its former owners another housing of equal size, located in the same locality, suitable for living and meeting the standards of improvement;
- purchase of emergency housing at the purchase price. We will consider methods for calculating the redemption value below.
If local authorities do not have at their disposal apartments equivalent to the one being demolished, then, subject to the consent of the owner, an exchange agreement for unequal housing can be concluded.
Accordingly, when providing smaller housing in exchange, the local administration will have to pay the owner the difference in cost, and if the housing provided is larger than the emergency housing, then the owner will have to pay the difference in cost.
If it is impossible to conclude an exchange agreement, the law provides for the purchase of emergency housing from the owner with payment of the redemption price. Redemption value means the price set for emergency residential premises, taking into account:
- market value for similar housing in a similar area;
- the cost of a share of the land plot on which the dilapidated house is located;
- the value of the owner’s share of housing in the total house value;
- the cost of moving and other costs, for example, the cost of renting residential premises before receiving the property;
- expenses for paperwork.
In any case, the redemption price is set based on the results of negotiations between the owner and the local executive authority.
Failure to reach agreement between the owner and the local administration may be grounds for:
- the owner filing a claim in court to oblige the administration to enter into an exchange agreement with him or to oblige him to pay the redemption price;
- application of a local government body to court with a claim to evict the owner from dilapidated housing.
The court's decision
To a certain extent, claims for the provision of housing to replace dilapidated ones are indisputable, since the resettlement of residents of dilapidated houses is a directive responsibility assigned to local authorities. Therefore, cases in this category are processed fairly quickly, and the average processing time varies from one to three months.
Of course, obtaining a positive decision for the plaintiff will only be possible if the claim is justified, that is, if there is a conclusion from the interdepartmental commission recognizing the housing as unsafe and subject to demolition. The possibility of a claim being rejected will be high if the house is deemed not subject to demolition, but suitable for habitation after major repairs.
