Is it possible to get an apartment from the state?

Who belongs to the category of citizens in need of improved housing conditions?

State support is not provided to everyone who wants to move to a new apartment. The certificate is awarded only to those who live in particularly difficult conditions. These include those individuals who:

• lives on a lease basis in a premises whose square footage is less than the norm established by law (in terms of the number of cohabitants);
• lives in an apartment that does not meet the appropriate conditions of comfort and (or) safety. Persons living in houses and other buildings that are unsuitable for normal living or recognized as unsafe do not have safe living conditions;
• persons cohabiting with citizens sick with serious and contagious diseases. Everyone who lives in the same living space with them is at risk of becoming infected. The list of diseases is fixed by order of the Ministry of Health of Russia dated November 29, 2012 No. 987n.

This includes both the tenant himself and family members living with him (according to Article 51 of the Housing Code). The law establishes a mandatory procedure for registering such persons (Article 49 of the Housing Code).

In Russia there are special programs aimed at providing low-income people with housing. The regulations for the provision of social housing are enshrined in the provisions of the Housing Code. They can operate at different levels. The financial support itself can be full or partial. The minimum size of apartment space for each person is set at the all-Russian level, but regions have the right to increase them.

For 2021, these indicators are as follows:

• 12 sq.m. for each family member of more than 3 people;
• 54 sq.m. for parents with 1 child;
• 42 sq. m. for a childless couple.

Conditions for obtaining the status of a needy young family 2021

Those in need of expanded living conditions must meet the following criteria:

• have lived for the last couple of years in the city where assistance is requested in obtaining new housing. The period is determined by local and regional authorities;
• the applicant must be registered in this city;
• the footage of the apartment or its condition does not meet the standards;
• The parents' age is less than 35 years.

Needy status is assigned at the moment when applicants are registered and placed in a queue. The corresponding decision is enshrined in the Resolution of the city administration.

If a single mother with many children requests status and state assistance in purchasing housing, she must confirm that she is low-income (according to regional standards), i.e.:

• lives in an apartment with insufficient square footage;
• has an income below the minimum standard.

Grounds for obtaining status

Among the legitimate reasons for registration for those in need (according to Article 52 of the Housing Code) there are a number of factors:

1. Insufficient square footage of available housing per resident.
2. Inconsistency of living space with current safety or sanitation standards, as well as lack of amenities. The latter usually includes corridor-type housing where there is no water, sewerage, gas or electricity.
3. Living with sick people in non-isolated premises (the person must not be a relative of the applicant).
4. Long-term residence in a hostel (with the exception of being in training or seasonal work) or in rented accommodation (the last couple of years).

There are also other categories of citizens who may also be recognized as needing social housing:

• families of military personnel (including those killed during service);
• persons with serious and dangerous diseases and members of their cohabitants;
• large families (with at least 3 children).

Those who meet several of the above criteria at once are promoted one by one ahead of the rest. But he will have to choose one support program.

Conditions of receipt

In order for a citizen and his family members to get the right to join the housing queue, they must also meet certain criteria.

List of requirements for persons who need to improve their living conditions and register:

• Availability of citizenship of the Russian Federation;
• Received low-income status. To obtain it, you need to contact the social protection authorities at the place of residence of the citizen in need. There he registers and can count on receiving certain benefits;
• The degree of residence in one place ranges from 5 to 10 years. Only the time spent on the territory of populated areas in Russia is taken into account;
• There are no citizen actions that led to the deterioration of living conditions. Such actions may include: exchanging residential real estate with a larger area for a smaller one;
• registration in an already occupied apartment;
• moving into one apartment of several families who sold their previous apartments.

Separately, it is necessary to note the fact of obtaining low-income status. It is checked based on the income level of family members, as well as their number. If, for reasons beyond their control, they earn an amount below the subsistence level, this is one of the main criteria for obtaining the status of low-income people in need of improved housing conditions.

You can learn more about the specifics of obtaining housing from the state and the nuances of the procedure itself from the article at the link. It also contains information about additional categories of citizens who can count on free improvement of their living conditions.

How to apply

The largest program for newlyweds, which provides new housing, is “Young Family”. This is a government assistance program aimed primarily at parents with children, but having children is not required. According to it, couples receive subsidies:

1. For housing from the primary market.
2. To participate in shared construction.

There are no subsidies or mortgages for the purchase of secondary housing.

They also consider the earnings of citizens:

• from 21,621 rubles for a childless couple;
• from 32,510 rubles – for 3 people;
• 43,350 rubles – for 4 people.

A partial subsidy is provided, the amount of which is determined based on the size of the family:

• 30% of the cost is paid if a childless couple received the status.
• 35% for parents with 1 child.
• 40% - for families with 2 children.
• For 3 or more children a 50% subsidy is provided.
• Up to 40% - with participation in shared construction.
• For residents of the Far North and other unfavorable territories of Russia, the subsidy amount reaches 80%.

The remaining amount is paid by the spouses themselves.

Children of different sexes over 9 years old who become participants in the program must be provided with separate rooms. This provision also applies to older people - they are also required to be allocated a separate space.

The procedure for obtaining state aid for the purchase of new housing for young families is carried out as follows:

1. An application is submitted along with all documents to the social protection department.
2. There, the documents are reviewed and, based on the results, a decision is made to recognize the family as low-income.
3. With the issued confirmation certificate, they are sent to the housing department, where, on its basis, a decision is made on issuing a subsidy.

This status makes it possible to participate in preferential mortgage programs developed by each bank specifically for young parents.

Required documents

Applicants will need to provide the following documents to have their application approved:

• an account statement for each adult family member and a certificate indicating the applicants’ income;
• passports of each resident;
• Marriage certificate;
• real estate registration certificate (from the BTI), if available - sanitary passport;
• birth certificate (for each child);
• certificate of family composition;
• title documents confirming the right to own or use current real estate (purchase or lease agreement), plus certificates of ownership of other expensive property (land, car, etc.);
• an extract from the house register;
• a medical certificate confirming the presence of a serious illness in one of the spouses or children, or a certificate of disability.

Statement

The application for recognition as needy has the form established by Government Decree No. 889 of August 25, 2015. The applicant will have to be provided with a sample on the spot.

Terms of consideration

All papers must be reviewed and a decision made within 10 days. If necessary, the period can be extended for a few more days. If the request is granted, the applicant will be awarded the appropriate certificate.

After submitting it to the housing department, you need to wait until the funds are credited. Typically, all social support programs work as follows:

• at the beginning of each city, money is transferred from the federal budget to the local one;
• Then the funds are distributed in order of priority.

You can also submit documents through the MFC, but then the decision-making period will increase by a couple of days.

Refusal to register citizens as those in need of residential premises

The legislation establishes a closed list of cases when local authorities can refuse to register citizens as apartments.

For example, the basis for refusal may be the failure of citizens to provide documents that they were required to provide along with the application for registration. It should be noted that the administrative regulations for the provision of this municipal service contain a list of documents, the obligation to provide which falls on the applicant.

In addition, the regulations list the documents that may be required to assess the right of citizens to apartment registration. It must be remembered that the authority cannot ask for more documents than the administrative regulations establish. If the refusal to register is due to the applicant’s failure to provide a document that he was not required to provide, such refusal must be appealed.

In addition, the lack of documents or information obtained through interdepartmental interaction may be grounds for refusal. The fact is that the authority, assessing a citizen’s right to apartment registration, if the documents provided by the applicant are insufficient, can make a request for information (documents) to other authorities.

If additional information is needed but cannot be obtained from other government agencies, municipal authorities may refuse. Therefore, you should carefully monitor the application review process and provide the necessary documents on your own initiative. A refusal to register on this basis can be appealed if the documents provided were sufficient.

ATTENTION : the decision to refuse registration must be motivated by an indication of specific violations. Our housing lawyer can assess the legality of the refusal and appeal it in court, watch the video review of the woman we helped with this problem:

When they can refuse

They usually refuse if:

• the package of certificates is not complete;
• After checking their living conditions and financial status, it was determined that the applicants were not low-income.

When a citizen is notified of this decision (only by written notification), authorized persons must explain what motivated it and suggest where the mistake was made. You may need to bring documents or request new ones.

But if an attempt at fraud is detected, the violator will be deprived of the right to participate in social support programs for the next 5 years.

So, everyone in need of new residential property must meet a number of criteria, and the need for relocation and government assistance must be confirmed with evidence. Based on the results of the first stage, citizens are given a certificate, thanks to which they will then be put on a waiting list. Afterwards, the wait may drag on for several years due to the large number of program participants.

Non-cash funds will be credited and transferred directly to the account of the seller or construction company from which the new living space is purchased. All those in need are registered with the territorial Department of Housing Policy. By sending a request there, you can find out the number in the queue. The answer will be given within 30 days.

Is there a chance to appeal the authorities' refusal in court?

It all depends on the circumstances of the case and the reasons why the young family was refused. Thus, one young family was able to prove that the Moscow Housing Policy Department refused to register illegally (Appeal ruling of the Moscow City Court dated March 30, 2016, case No. 33-11005/2016).

A young family tried to get on the waiting list, but was refused because the defendant considered that the applicants did not meet the registration area standards.

The court explained that the calculation illegally included housing for which the applicants do not have the right to use, and canceled the illegal refusal. If they are registered, then the young family can only wait their turn and sign the rental agreement.

A young family can solve their housing problem according to the state. program “Affordable Housing for Young Families”.