Reasoned refusal of service dormitory by military personnel

How can a military personnel refuse housing?

The state pays great attention to providing military personnel with necessary housing. Based on current legislation, every military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space.

Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided. However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space.

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.

Read more about subletting housing for military personnel at this link.

Obtaining service housing instead of a dormitory

Providing official housing to military personnel is a legally established measure of social support from the state. Art. 15 of the Law “On the Status of Military Personnel” requires provision of living quarters for up to 3 months from the date of arrival at a new duty station.

Providing official housing – problems and violations

But the most common violation was the provision of premises in appalling technical condition. Dormitory rooms, unsuitable for living, are offered as housing for warrant officers, sergeants and contract soldiers. It is necessary to transport the family to these “bomb shelters”, but it is impossible to live in them.

Naturally, those who receive such an “offer” will hasten to refuse it. And then the situation develops according to the standard scenario: an employee of the authorized housing authority warns that the decision to move in or refuse must be made within five days.

In case of refusal, the room or “apartment” is detached from the serviceman to whom it was offered and re-distributed. And this despite the fact that inspectors are well aware of the technical condition of such premises. Further more.

The “refusenik” is no longer paid monetary compensation for subletting, and no other offers for housing are received. The person is left with a colossal problem - there is no official housing, no money is paid for rent.

Important! If the situation develops according to this scenario, you need the help of a lawyer! Do not rush to write a refusal of the proposed premises in counter number 2, offered to you by the inspector.

If you write an unmotivated refusal, your payment of compensation for subletting will be stopped.

Contact us and we will draw up a reasoned refusal of the proposed housing, which will allow you to retain compensation and legally continue to apply for official housing at the place of military service.

Procedure for providing housing - deadlines

Obviously, not only Moscow, but also other cities present such “surprises” to military personnel. The reasons for the situation are typical: a significant part of service apartments was privatized illegally, others are occupied by unknown people, new ones are not being built, etc. But the contract workers need to be resettled, especially since the legislator clearly stipulated the deadline - three months.

This norm is contained in Part 1 of Article 15 of the Federal Law “On the Status of Military Personnel.” The other, contained in Part 3 of Article 15 of the Law, establishes the procedure according to which suitable residential premises in dormitories or mobile housing must be provided.

It is noted that such housing is not provided for the entire period, but only until the receipt of residential premises. In our opinion, we are talking about the fact that rooms in dormitories and flexible housing are not equated to official housing, but are provided only temporarily, until the provision of permanent living space that meets established standards.

Moreover, Article 106 of the Housing Code of the Russian Federation contains an exhaustive list of the grounds on which residential premises of the flexible stock are provided.

I believe that the provision by an authorized body of military premises of a maneuverable stock, instead of official housing, to military personnel undergoing military service under a contract and who are on the list for the provision of official residential premises, is illegal!

Thus, the main violations associated with obtaining official housing for military personnel are identified.

Delaying deadlines. Many remain on the service lists much longer than the required three months. At the same time, they live in dormitory rooms and foundations not intended for permanent residence.
Positioning dormitories as service housing. According to Article 15 of the Federal Law “On the Status of Military Personnel,” service apartments, not rooms, must be provided no later than 3 months. In addition, their technical condition, location of remoteness from the place of military service, area must meet established standards.
Requirement of a certificate of (insecurity) rental housing at the previous place of service. As a general rule, this certificate is submitted to the authorized body with a package of documents for placement in the queue. But what if there is no such certificate? For example, a family remained living at the previous place of service, the wife did not want to move with the military spouse, etc. Without this document, the apartment will be denied. And they often require you to provide several certificates - from all places of duty. The last requirement is generally far from the letter of the law, and you can find out about the possibility of getting an apartment without renting out the previous one here. We are convinced that this certificate is a purely technical document that allows us to track the “fate” of a specific living space, but does not allow us to dictate the conditions for the distribution of an apartment.

Refusal to provide official housing due to the lack of a certificate of occupancy of residential premises, the issuance of a room in a hostel or a flexible housing facility, living in such premises for more than three months - all these are violations of the law aimed at masking the problem of a catastrophic shortage of service apartments and attempts to compensate for it with dubious measures. In court, we will help you protest the illegal actions of the distribution body and achieve the allocation of decent housing for you and your family.

Standards for the provision of official housing

When allocating an apartment, the authorized body must be guided by the standards established for calculating the area of premises. This law approved the area parameter for each family member.

It is 18 sq.m.

, accordingly, for two people an apartment with an area of 36-45 (9 - constructive) square meters can be provided, for a family with a child - a two-room apartment, from 45-54 (9 - constructive) square meters, etc...

The conclusion of a contract for official housing implies a fixed-term nature; its validity terminates with the end of service in a specific locality and transfer to another.

In addition, the housing agreement must be adapted to the needs of the serviceman’s family in a specific period of time. For example, upon arrival at the unit, the number of family members was two people, but after some time it increased.

With the birth of a child, a military man has the right to submit a report demanding the provision of more living space that meets social standards.

There are often situations when it is necessary to prove the right to allocate more space than the Department offers.

They are associated with children who have reached the age of majority living with a military personnel, as well as children for whom guardianship or adoption has not been formalized (from the spouse’s first marriage).

The Department’s refusal to take children of these categories into account when calculating living space is unlawful, since family members include:

spouses;
children under the age of majority;
children who have reached adulthood and have disabilities;
children under 23 years of age undergoing full-time education;
dependents.

The category of dependent persons includes elderly parents, sick relatives, and minors living together. These citizens are also taken into account when calculating living space. If the question of how many square meters of official housing a serviceman is entitled to is resolved with violations, it is necessary to seek legal assistance.

Providing housing to military personnel - practice

The housing stock intended for housing military personnel and family members is located in populated areas where the unit is located. However, the law does not prohibit the provision of living space in other settlements that are closest to each other if there are no available living spaces.

The regulation requires the preparation of an application accompanied by documents of the established list, including:

copies of passports of all family members, birth certificates of children;
certificate of service;
certificate of family composition;
a copy of the marriage certificate for married citizens, a copy of the divorce certificate for citizens who have divorced;
an extract from the Unified State Register confirming the absence of rights to real estate;
BTI certificate.

Based on the application and the submitted package of documents, the serviceman enters into an agreement with a structural unit of the Department for the rental of the specified premises. It is provided for the entire period of service or until family circumstances change.

The legislator established an interesting norm, which is actively used by Department employees today. If it is impossible to provide living space that meets the established standards, it is permitted to provide apartments of a smaller area or residential premises for temporary residence from among the dormitories and flexible stock.

However, it is important to clarify two points here. Firstly, it is indicated that the provision of such an alternative is possible only with the consent of the serviceman.

It is a violation to strongly recommend and impose, and even more so to consider refusal to move into a dilapidated dorm room as grounds for removal from the queue or termination of payment of compensation for subletting.

Secondly, it points out the temporary nature of such a measure; accordingly, it is unacceptable to consider such living space permanent.

Also, the recommendations of the Ministry of Defense clarify that citizens who were provided with official housing at their previous place of service should, if possible, be provided with similar housing upon transfer.

The very wording “if possible” does not comply with the law, since upon transfer, a serviceman who has already received office square meters has the same rights to provide them as his colleagues who are being given apartments for the first time.

Release of official housing for military personnel

No less questions are raised by the practice of releasing housing to retired military personnel when providing an apartment under a social tenancy agreement or simply when moving to a new duty station. In this case, employees of the department's unit, before providing living space, require a certificate that the previous living space has been rented out.

Thus, the process of moving a serviceman and his family should look like this: rent out an apartment, get a document about it, collect belongings and go... to nowhere. It will not be possible to get other housing within one or two days; it will take months.

From the point of view of internal instructions, this procedure, by the way, is quite legal. It is stipulated in Article 18 “Instructions on the provision of .... residential premises under a social tenancy agreement.”

It was even appealed to the Supreme Court, which explained that in the event of an unlawful interpretation, one should go to court to protect the violated right.

It is important to take into account that the procedure for providing departmental square meters is regulated not only by industry standards, but also by the Housing Code. And according to its 103rd article, eviction from official housing without providing another is prohibited. Military personnel and their families are also subject to this rule.

Service apartments are one of the pressing problems of the modern army. And it seems that no attempts to resolve it on the part of the command are working.

Servicemen have to defend their right to live in normal, decent conditions on their own, but unfortunately, it is often impossible to prove anything to the Department or the specialists of the 1st department of the Federal State Institution “Zapadregionzhilye”.

The dependence on the decisions of officials in this situation is only visible.

Legal assistance from a military lawyer will help you solve this problem. Contact us if you are offered questionable square meters; if you refuse, they threaten to stop paying compensation for subletting.

Call to oblige the authorized body to provide an apartment that meets the standards for space and quality. We are ready to help if the waiting list for housing has lasted more than three months or you are being presented with illegal demands to vacate your home.

If we have authority, we will collect documents and represent your interests in the Department and other departments of Moscow and the region.

If you have any questions, call us at 8 (968) 663-91-63 and get a free consultation. In the Order a service section, you can ask us a written question, or request a free call back.

We will call you back right away. You can count on competent advice from an experienced military lawyer, which is always specific and understandable for our clients.

You can find the list of legal services we provide in the “Services” section.

Source: https://voenadvokat.ru/nashi-uslugi/voennosluzhaschim/pomoch-v-poluchenii-slugebnogo-gilya/

Removal from the register

A citizen may receive not only a refusal to accept, but also deregistration of citizens in need of residential premises may be applied to him in a situation if:

he contacted the authority at the place of registration for deregistration with an official request;
the grounds that gave him the right to receive housing under a social rent contract have been lost;
the person moved to another municipality, with the exception of moving within St. Petersburg and Moscow, which are cities of federal significance;
budget funds have been received from state authorities or local governments for the construction or purchase of housing;
A state/local government body has provided a person with a plot of land for housing construction;
in the documents provided by the applicant, information was revealed that does not correspond to reality and became fundamental in registration, and also if the officials of the body responsible for maintaining records committed illegal actions when making a decision.

Deregistration of citizens in need of residential premises is identical to registration. The procedure for making a decision is as follows:

the conclusion on the deregistration of citizens is made by the same structure that made the decision to admit those in need to registration;
the decision must be made within 30 days (working days) from the moment the factors that are the reason for withdrawal are clarified;
the decision, as in the situation where registration is refused, must include compelling reasons for this with an explanation of the circumstances that led to the adoption of such a decision;
the decision to remove people from the register as those in need of housing is sent within 3 days from the date of such a decision. A person has the right to go to court to appeal a decision.

Thus, the grounds for refusal to register are set out in Article 54 of the Housing Code. They are exhaustive, which excludes the possibility of citing other reasons for refusal by the body responsible for considering this issue.

Does a military serviceman have the right to refuse official housing?