Eviction with provision of other living quarters

Who can't be evicted

All categories of persons without exception are subject to legal eviction. At the same time, there is no violation of the legitimate interests of citizens, since their living conditions do not worsen if housing is provided.

Eviction with provision of other living quarters

According to the housing legislation of the Russian Federation, eviction with the provision of other residential premises to the evicted citizen and his family members permanently residing with him is carried out in the following cases.

1. Eviction from official residential premises of citizens who are included in the list of persons entitled to the provision of other residential premises. So, in accordance with Art. 103 of the Housing Code of the Russian Federation, without the provision of other residential premises, after the expiration of the term of employment, service, tenure in an elected position, or early termination of these relations, tenants and members of their families included in the following list cannot be evicted:

• family members of military personnel, officials of internal affairs bodies, state security bodies, customs authorities, killed (deceased) or missing in action while performing military service or official duties;
• old age pensioners;
• family members of a deceased employee who was provided with official housing;
• disabled people of groups I and II, whose disability occurred as a result of a work injury due to the fault of the employer, disabled military personnel who became disabled of groups I and II due to injury, concussion or injury received during the performance of military service duties or as a result of a disease associated with being in military service .

2. Eviction from hostels of citizens falling under the list of persons given in Art. 103 Housing Code of the Russian Federation. Upon eviction, these citizens are provided with another residential premises.

3. Eviction of citizens due to failure to pay for housing and (or) utilities. In accordance with Part 2 of Art. 687 of the Civil Code of the Russian Federation, a commercial rental agreement for residential premises can be terminated in court at the request of the lessor if the tenant fails to pay for the residential premises for six months, unless the contract specifies a longer period, and in case of short-term rental - in case of failure to pay payment more than twice in a row upon expiration of the payment period established by the contract. In accordance with Art. 15 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, in the event that payment for housing and utilities under a social tenancy agreement is not made within six months, citizens are subject to eviction in court with the provision of residential premises that meet sanitary and technical requirements , according to hostel standards. Taking into account special circumstances, this period may be changed at the level of legislation of the constituent entities of the Russian Federation.

4. Eviction of the owner of the mortgaged residential building (apartment) and his family members in the event of foreclosure on the mortgaged residential building (apartment). The owner of a residential building (apartment) who has lost residential premises as a result of foreclosure on this premises, acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of a residential building or apartment, and pledged to ensure repayment of the loan or targeted loan loan, if at the time of foreclosure such housing was the only one for them, has the right to be provided with residential premises in houses of a flexible housing stock.

Other residential premises provided to citizens in connection with eviction must meet sanitary and hygienic requirements and be located within the boundaries of the given locality. The living area of ​​another residential premises must be no less than the size established in a given locality for registering citizens in need of improved housing conditions (not lower than the registration norm). In this case, other residential premises provided to the tenant and members of his family must be precisely indicated in the court decision to evict the tenant.

Requirements for the housing provided

According to Article 84 of the Housing Code of the Russian Federation, eviction with the provision of another comfortable residential premises can be carried out only if the type and size of the new housing corresponds to the property where the person and his family members previously lived.

In this case, the following requirements for new housing must be met:

1. Geographically, the property must be located in the same locality as the old housing. Otherwise, this is possible only after prior agreement with the employer.
2. The type of housing should remain the same. That is, if a person owned a 3-room apartment, the new one must have no less number of rooms.
3. The house into which you plan to move must be a permanent structure in a condition suitable for habitation. Moving people into temporary or emergency housing is unacceptable.
4. Housing must be comfortable - with the availability of communal amenities (electricity, water supply, heating, sewerage, gasification). Improvement of living conditions is allowed. Moving to a less comfortable apartment is prohibited by law.
5. One room cannot be provided for accommodation of minor children of different sexes, and adults who are not spouses can be occupied together only with prior mutual consent.
6. The house may have a different layout, with or without a storage room and balcony. They are considered minor additional criteria and do not influence the decision to resettle.
7. The area of ​​the new apartment must be the same or larger than the old one. An exception is that relocation to a smaller living space occurred at the initiative of the tenant.
8. If any of the tenant's family members, who previously lived together with healthy relatives in a 1-room communal apartment or 1-room apartment, suffers from a severe form of a chronic disease, he should be allocated a room in the new living space to live separately from the rest of the household. But, according to the law, the size of the new housing cannot be more than 2 times the original.

Example. The house in which Petrov I.V. there was a privatized comfortable apartment, it was recognized as unsafe and subject to resettlement. The city administration offered Petrov to move to an apartment that did not provide hot water, although all other services (electricity, steam heating, sewerage, cold water supply) were provided. Also, the area of ​​the apartment was larger than the old one. However, Petrov could not live in an apartment without hot water. He filed a complaint about this and sent it to the municipality. He did not receive an answer to it and was forced to go to court. The court fully satisfied the plaintiff's demands. And Petrov was provided with an apartment with all amenities.

Commentary on Article 85 of the RF Housing Code

Article 85 of the Code establishes cases when citizens are subject to eviction with the provision of other comfortable residential premises (for the concept of “comfortable residential premises”, see Article 89 of the Code and the commentary thereto). These cases are exhaustively defined in paragraphs 1 - 4 of the commented article.

For comparison, let us recall that the Housing Code of the Russian Federation of 1983 provided for eviction with the provision of other comfortable living quarters in cases where: the house in which the living quarters are located is subject to demolition; the house (residential premises) is in danger of collapse; the house (residential premises) is subject to conversion into non-residential (Article 91). Thus, the Code adopted all the previous grounds for eviction with the provision of another comfortable living space and added a new one to them (specified in paragraph 4 of the commented article).

It should be noted that both in the LC 1983 and in the Code, these rules are established in mandatory norms. Therefore, it is the landlord's legal responsibility to comply with these rules. However, the practice of applying previous housing legislation indicates that this obligation is not fulfilled properly in all cases when tenants seem to have the right to receive new comfortable residential premises. Many people in Russia still live in crumbling houses that lack the minimum necessary communal amenities... State and municipal authorities are clearly not yet able to overcome this situation; often they simply withdraw from solving the problems that have arisen with the traditional reference to the fact that in the relevant There is no money in the budget.

In our deep conviction, the modern legislator made a mistake by not establishing an adequate mechanism for the legal and economic liability of landlords and their officials for failure to provide those tenants who live in unsuitable premises with new comfortable residential premises. The existing administrative measures for such cases cannot be considered sufficient.

In practice, it is advisable to keep in mind that the tenant and his family members living with him who are subject to eviction with the provision of comfortable living quarters according to the rules of Art. Art. 85 - 88 of the Code, comfortable living quarters must be provided even in cases where these persons are evicted from residential premises that are not comfortable.

In paragraphs 36 and 37 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/02/2009 N 14 “On some issues that have arisen in judicial practice when applying the Housing Code of the Russian Federation” it is established that when accepting a statement of claim for the eviction of citizens from residential premises occupied by them under a social tenancy agreement, with the provision of another comfortable residential premises (Article 85) or other residential premises (Article 90 of the Code) under social tenancy agreements, the judge must check whether the application indicates a specific residential premises free from the rights of other persons, in which citizens can be evicted. In the absence of such instructions, the judge, in accordance with Art. 136 of the Code of Civil Procedure of the Russian Federation issues a ruling to leave the application without progress, notifies the plaintiff of this, and provides him with a reasonable period of time to correct the deficiency in the application. If the judge's request is not fulfilled, the application is considered not filed and is returned to the plaintiff.

In cases of eviction of citizens to another comfortable residential premises on the grounds provided for in Art. Art. 86 - 88 of the Code, that is, due to the impossibility of using the residential premises for their intended purpose (the house in which the residential premises are located is subject to demolition; the residential premises are subject to transfer to non-residential premises; the residential premises are recognized as unsuitable for habitation; as a result of reconstruction or major repairs of the residential premises at home, the living space is not preserved or is reduced, as a result of which citizens may be recognized as in need of residential premises (Article 51 of the Code), or is increased, as a result of which the total area of ​​​​living space per family member significantly exceeds the provision norm (Article 50 of the Code) , courts should take into account that other residential premises provided to citizens under a social tenancy agreement must meet the requirements of Article 89 of the Code: it must be well-equipped in relation to the conditions of the relevant settlement, equivalent in total area to the previously occupied residential premises, meet established requirements and be located within the boundaries of of this locality. If the tenant and his family members occupied an apartment or room(s) in a communal apartment, then they are provided with an apartment or living space consisting of the same number of rooms in a communal apartment.

The court should check whether the residential premises provided to the evicted citizens meet the level of convenience of residential premises in relation to the conditions of a given locality, taking into account first of all the level of comfortable living premises of the state and municipal housing stock in this locality, whether the living conditions of those evicted to it will not worsen citizens. At the same time, the poor amenities of the residential premises from which a citizen is being evicted and (or) the lack of communal amenities in it are not grounds for providing him with residential premises that do not meet the requirements of Art. 89 of the Code.

Courts must also keep in mind that when evicting citizens from residential premises on the grounds listed in Articles 86 - 88 of the Code, another comfortable residential premises under a social tenancy agreement, equivalent in total area to the previously occupied one, are provided to citizens not in connection with the improvement of living conditions , and therefore other circumstances (mentioned, for example, in Part 5 of Article 57, Article 58 of the Code) taken into account when providing residential premises to citizens registered as needing residential premises are not taken into account. At the same time, citizens who, in connection with eviction, were provided with another equivalent residential premises, retain the right to be registered as those in need of residential premises, if the grounds for them to be so registered have not ceased (Article 55 of the Code).

If the court satisfies a claim for the eviction of a citizen from a residential premises on the grounds provided for in Art. Art. 86 - 88 of the Code, the operative part of the court decision must indicate the specific comfortable residential premises provided under a social tenancy agreement to the evicted citizen.

How to evict at the initiative of the tenant?

The tenant has the right to demand eviction only in two cases:

• the footage is too large (more than 18 square meters per person) and it is quite expensive to pay utility bills;
• The condition of the living space, according to the residents, is in disrepair and is not suitable for permanent comfortable living.

In the second case, the tenant, without waiting for the commission to speed up the process, has the right to independently initiate the procedure for assigning emergency status to a residential building. To do this, it is necessary to submit a collective request from all citizens living in the house to recognize it as unsafe and resettle it to the housing inspectorate.

Procedure

To reduce living space, the tenant must send a corresponding application to the housing inspectorate. When drawing up a document, you must present your arguments in detail and attach the following documents:

• a certified copy of the applicant's passport;
• certificate about the composition of the family living in this apartment.

The person indicated in the social tenancy agreement as the responsible tenant has the right to submit such an application directly.

To relocate from a house unsuitable for permanent residence, it is necessary to draw up a collective request in writing from all owners of apartments in a dilapidated residential building and send the document to the housing inspectorate.

Process

After accepting the application, the housing inspection must send a special commission within a specified period to assess the condition of the building.

Having gone to the emergency site and carried out an inspection, the commission makes a decision on whether or not to assign the appropriate status to the building. It could be like this:

• dilapidated housing;
• emergency housing;
• in need of repair.

Depending on the results of the inspection and the decision made, the government agency determines further actions.

Example. Svetlova A.K. lived in an apartment located in a house that was in very poor technical condition. However, many commissions did not recognize the house as unsafe and subject to resettlement. Svetlova appealed to the municipality with a request to provide her with other housing, since, in her opinion, the apartment was not suitable for habitation. The city administration refused, citing the fact that relocation requires the status of old housing - emergency or dilapidated.

Svetlova A.K. contacted the housing inspectorate with a request to inspect the house. Based on the results of the inspection, the building was given emergency status and Svetlova was provided with a new home.

How to evict at the initiative of the owner

The reasons for initiating eviction by the owners of residential premises are:

• the housing facility is in a dilapidated condition and is recognized as unsuitable for permanent residence;
• a decision has been made to transfer the land or building to state or municipal use;
• the premises are transferred for the needs of a religious organization.

Procedure

The owner is obliged to notify all tenants in advance of his decision.

After a detailed review of the procedure for providing new living space, its size and amenities, the tenant has the right to either agree with the owner’s decision or send him a claim indicating points that violate legal rights or do not correspond to his wishes.

If it is impossible to resolve disputes through negotiations, the tenant may go to court and a judicial eviction will follow.

You can read about how to file a claim for eviction and deregistration in this article.

Process

If peaceful negotiations between the owner and the tenant do not lead to anything, then at the initiative of the latter, legal proceedings can be initiated, as a result of which the tenant will either receive a new housing that meets all his requirements, or the claim will remain unsatisfied and the citizen will have a choice:

• file a complaint with the appellate authority;
• move to the property originally offered by the owner.

Having decided to defend your rights to the end, be prepared that the legal battle may drag on for a long time, during which time the old house will most likely be demolished, so you should take care of temporary housing in advance.

You can learn more about how to evict by court order here.