Regulations on the procedure for classifying residential premises as specialized housing stock and excluding them from it. Legislative framework of the Russian Federation Government of the Russian Federation
| Document's name: | |
| Document Number: | 64n |
| Type of document: | Order of the Ministry of Finance of Russia |
| Host body: | Ministry of Finance of Russia |
| Status: | Acting |
| Published: | |
| Date of adoption: | June 28, 2013 |
| Effective date: | 04 August 2013 |
| Revision date: | 28 march 2018 |
On the approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of operational management, into a specialized housing stock with reference to service housing ...
MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
ORDER
On approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for the provision of office residential premises in the Ministry finance of the Russian Federation
Document with changes made:
(The official Internet portal of legal information www.pravo.gov.ru, 19.04.2018, N 0001201804190029).
____________________________________________________________________
In order to implement the provisions of the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, No. 1, article 14; 2006, No. 1, article 10; No. 52, article 5498; 2007, No. 1, article 13, 14, 21; N 43, Art. 5084; 2008, N 17, Art. 1756; N 20, Art. 2251; N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, Art. 4542; N 48 , Art.5711; N 51, Art.6153; 2010, N 19, Art.2278; N 31, Art.4206; N 49, Art.6424; 2011, N 23, Art.3263; N 30, Art.4590 ; N 49, Art. 7027, 7061; N 50, Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, Art. 1552; N 24, Art. 3072; N 26, Art. 3446 ; N 27, Art. 3587; N 31, Art. 4322; N 53, Art. 7596; 2013, N 14, Art. 1646) and Resolution of the Government of the Russian Federation of March 25, 2010 N 179 "On the Powers of Federal Executive Bodies on the disposal of residential premises of the housing stock of the Russian Federation "(Collected Legislation of the Russian Federation, 2010, No. 13, Article 1511),
I order:
1. To approve the attached Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into a specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from specialized housing stock and the procedure for the provision of office residential premises at the Ministry of Finance of the Russian Federation.
2. The Administrative Department (VI Brodsky) to carry out organizational and technical measures related to the provision of office premises in the Ministry of Finance of Russia.
by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.
3. Control over the execution of this order shall be entrusted to the Deputy Minister of Finance of the Russian Federation AO Kotyakov.
(Clause as amended, entered into force on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.
The minister
A. Siluanov
Registered
at the Ministry of Justice
Russian Federation
July 12, 2013
registration N 29044
The procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for the provision of office premises in the Ministry of Finance of the Russian Federation
I. General Provisions
1. This Procedure is developed in accordance with the Housing Code of the Russian Federation (Collected Legislation of the Russian Federation, 2005, N 1, Art. 14; 2006, N 1, Art. 10; N 52, Art. 5498; 2007, N 1, Art. 13, 14, 21; N 43, Art. 5084; 2008, N 17, Art. 1756; N 20, Art. 2251; N 30, Art. 3616; 2009, N 23, Art. 2776; N 39, Art. 4542; N 48, Art. 5711; N 51, Art. 6153; 2010, N 19, Art. 2278; N 31, Art. 4206; N 49, Art. 6424; 2011, N 23, Art. 3263; N 30 , Article 4590; N 49, Art. 7027, 7061; N 50, Art. 7337, 7343, 7359; 2012, N 10, Art. 1163; N 14, Art. 1552; N 24, Art. 3072; N 26 3446; N 27, Art 3587; N 31 Art 4322; N 53, Art 7596; 2013, N 14, Art. 1646), by the Resolution of the Government of the Russian Federation of March 25, 2010 N 179 "On the powers of federal executive authorities for the disposal of residential premises of the housing stock of the Russian Federation "(Collected Legislation of the Russian Federation, 2010, N 13, Article 1511), and determines the procedure for including residential premises of the housing stock of the Russian Federation assigned to the Minister financial resources of the Russian Federation on the basis of operational management, into a specialized housing stock (hereinafter referred to as the specialized housing stock of the Ministry of Finance of Russia), the procedure for excluding residential premises from this fund, as well as the procedure for providing residential premises of the specialized housing stock of the Ministry of Finance of Russia for the use of state civil servants of the Ministry of Finance of Russia.
2. The specialized housing stock of the Ministry of Finance of Russia consists of office premises (hereinafter referred to as the office premises of the Ministry of Finance of Russia).
3. Office living quarters of the Ministry of Finance of Russia are provided for use by state civil servants of the Ministry of Finance of Russia who are not provided with residential premises at the place of state civil service in the manner prescribed by the legislation of the Russian Federation and this Procedure.
4. Office living quarters of the Ministry of Finance of Russia are not subject to alienation, lease, lease, with the exception of the transfer of such premises under lease agreements provided for in Section IV of the Housing Code of the Russian Federation and this Procedure.
II. The procedure for the inclusion (exclusion) of residential premises in the specialized housing stock of the Ministry of Finance of Russia
5. The residential premises of the housing stock of the Russian Federation transferred to the Ministry of Finance of Russia for operational management are subject to inclusion in the specialized housing stock of the Ministry of Finance of Russia.
6. Inclusion in the specialized housing stock of the Ministry of Finance of Russia in accordance with paragraphs 4 and 5 of the Rules for classifying residential premises as specialized housing stock and standard lease agreements for specialized residential premises approved by Resolution of the Government of the Russian Federation of January 26, 2006 N 42 (Collected Legislation of the Russian Federation, 2006 , N 6, Article 697) (hereinafter referred to as the Rules) living quarters are subject to in the form of a separate apartment suitable for permanent residence of citizens (meeting the established sanitary and technical rules and regulations, fire safety requirements, environmental and other legal requirements), improved in relation to conditions of the city of Moscow.
7. The inclusion of these residential premises in the specialized housing stock of the Ministry of Finance of Russia is not allowed if they are employed under contracts of social tenancy, rental of residential premises owned by the Russian Federation of the housing stock for commercial use, lease, and also if they have encumbrances of rights to this property.
8. Decisions of the Ministry of Finance of Russia on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia with the assignment of residential premises to the official residential premises of the Ministry of Finance of Russia, on the exclusion of residential premises from the specified fund are taken on the basis of the following documents provided for in paragraph 13 of the Rules:
- a statement by the Administrative Department on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia addressed to the Minister of Finance of the Russian Federation;
- a document confirming the right of operational management to the living quarters;
- technical passport of the dwelling;
- conclusion on the compliance of the living quarters with the requirements for it.
9. The assignment of a dwelling to the service dwelling of the specialized housing stock of the Ministry of Finance of Russia (exclusion of the service dwelling from the specialized housing stock of the Ministry of Finance of Russia) is carried out in accordance with the Rules.
10. In the event of recognition of the official residential premises of the Ministry of Finance of Russia in accordance with the Regulations on the recognition of the premises as residential premises, residential premises unsuitable for living and an apartment building as emergency and subject to demolition or reconstruction, approved by the Government of the Russian Federation of January 28, 2006 N 47 (Collection of legislation of the Russian Federation, 2006, N 6, Art. 702; 2007, N 32, Art. 4152; 2013, N 15, Art. 1796), unfit for habitation, as well as in other cases stipulated by the legislation of the Russian Federation, such a dwelling is excluded from specialized housing stock of the Ministry of Finance of Russia.
11. Decisions on the inclusion of residential premises in the specialized housing stock of the Ministry of Finance of Russia, with the assignment of such premises to service residential premises, on the exclusion of residential premises from the specified fund are drawn up by order of the Ministry of Finance of Russia, prepared by the Administrative Department.
12. In accordance with clause 14 of the Rules, the decisions specified in clause 11 of this Procedure, within 3 days from the date of their adoption, are sent by the Administrative Department to the body that registers rights to real estate and transactions with it in the city of Moscow.
III. The procedure for the provision of office living quarters in the Ministry of Finance of Russia
13. The provision and use of living quarters as a service is allowed only after referring such premises to the specialized housing stock of the Ministry of Finance of Russia in accordance with Art.
14. Office living quarters are provided to public civil servants of the Ministry of Finance of Russia who are not provided with living quarters in the city of Moscow in connection with the passage of the state civil service and filling the position of the state civil service in the Ministry of Finance of Russia.
Office living quarters are provided to public civil servants of the Ministry of Finance of Russia for the period of their civil service in the Ministry of Finance of Russia, specified in the service contract on the passage of the public civil service.
15. The decision on the provision of office accommodation is made by the Minister of Finance of the Russian Federation and is formalized by an order of the Ministry of Finance of the Russian Federation.
16. To consider the issue and prepare proposals for the provision of office accommodation, state civil servants of the Ministry of Finance of Russia submit to the Administrative Department an application addressed to the Minister of Finance of the Russian Federation, to which the following documents are attached:
1) a petition addressed to the Minister of Finance of the Russian Federation:
a) the supervising Deputy Minister of Finance of the Russian Federation - in relation to civil servants of the Ministry of Finance of Russia who fill the positions of the state civil service of the category "managers" of the highest group of positions in the state civil service (with the exception of civil servants of the Ministry of Finance of Russia who are holding the position of Deputy Minister of Finance of the Russian Federation);
b) the director of the department, in agreement with the supervising Deputy Minister of Finance of the Russian Federation - in relation to public civil servants of the Ministry of Finance of Russia who fill positions in the state civil service of other categories and groups of positions in the state civil service;
2) extracts from the Unified State Register of Real Estate about the absence of residential premises in the city of Moscow in the ownership of a state civil servant of the Ministry of Finance of Russia and his family members.
In the application, a civil servant of the Ministry of Finance of Russia indicates, among other things, information on the composition of the family of a civil servant of the Ministry of Finance of Russia, information on the number of citizens registered in a dwelling (if registered at the place of residence), and the degree of their relationship, as well as information on the type and the nature of the dwelling (if registered at the place of residence).
(Clause 16 as amended, entered into force on April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n.
16.1. Verification of the completeness and reliability of the information specified in the application by the state civil servant of the Ministry of Finance of Russia is carried out by the Administrative Department by sending requests to the authorized bodies.
(The item is additionally included from April 30, 2018 by order of the Ministry of Finance of Russia dated March 28, 2018 N 59n)
17. The contract for the lease of office premises is concluded between the Ministry of Finance of Russia (Landlord) and a public civil servant of the Ministry of Finance of Russia (Employer) on the basis of the order of the Ministry of Finance of Russia in accordance with the model contract approved by the Resolution of the Government of the Russian Federation of January 26, 2006 N 42 "On Approval of the Rules assignment of residential premises to specialized housing stock and model contracts for the lease of specialized residential premises ".
18. Transfer (acceptance) to the Tenant of the office living space is carried out by the Administrative Department according to the act of acceptance and transfer and the technical condition of the office living space.
19. The use of the provided office premises by the Tenant is carried out in accordance with the Rules for the Use of Residential Premises, approved by the Government of the Russian Federation of January 21, 2006 N 25 (Collected Legislation of the Russian Federation, 2006, N 5, Article 546), and other requirements established housing legislation of the Russian Federation.
20. Office living quarters are not subject to alienation, privatization, reservation, exchange, subleasing, reconstruction and redevelopment.
21. The termination of the contract for the lease of office premises is carried out on the grounds provided for by Article 102 of the Housing Code of the Russian Federation, as well as in the event of the Employer's dismissal from the state civil service in the Ministry of Finance of Russia, with the exception of cases provided for in part 2 of Article 102,.
22. The contract of lease of office premises may be terminated at any time by agreement of the parties.
The tenant of the office premises may terminate the contract for the lease of the office premises at any time.
The contract for the lease of office premises may be terminated in court at the request of the Landlord if the Tenant and his family members living together with him fail to fulfill their obligations under the contract for the rental of office premises, as well as in other cases provided for by Article 83 of the Housing Code of the Russian Federation.
23. In accordance with part 1 of Article 103 of the Housing Code of the Russian Federation, in the event of termination or termination of the contract for the lease of office premises, the Tenant and his family members must vacate the office premises they occupied under this contract. In the event of a refusal to vacate the office premises, the Tenant and his family members living with him are subject to eviction in court without providing another residential premises, with the exception of cases provided for in part 2 of article 102, part 2 of article 103 of the Housing Code of the Russian Federation.
24. When vacating the office living space, the Tenant is obliged to hand it over in good condition according to the acceptance certificate and the technical condition of the office living space with the provision of documents confirming that there are no utility bills in arrears.
Document revision taking into account
changes and additions prepared
JSC "Codex"
On approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for the provision of office residential premises in the Ministry Finance of the Russian Federation (as amended on March 28, 2018)
| Document's name: | On approval of the Procedure for the inclusion of residential premises of the housing stock of the Russian Federation, assigned to the Ministry of Finance of the Russian Federation on the basis of the right of operational management, into the specialized housing stock with reference to official residential premises, as well as the exclusion of residential premises from the specialized housing stock and the procedure for the provision of office residential premises in the Ministry Finance of the Russian Federation (as amended on March 28, 2018) |
| Document Number: | 64n |
| Type of document: | Order of the Ministry of Finance of Russia |
| Host body: | Ministry of Finance of Russia |
| Status: | Acting |
| Published: | Rossiyskaya Gazeta, N 160, 07.24.2013 |
| Date of adoption: | June 28, 2013 |
| Effective date: | 04 August 2013 |
| Revision date: | 28 march 2018 |
HOUSING FUND
1. These Rules establish the procedure and requirements for classifying residential premises of state and municipal housing stock (hereinafter referred to as residential premises) as specialized housing stock.
2. The types of residential premises classified as specialized housing stock and their purpose are established by the Housing Code of the Russian Federation.
3. The assignment of residential premises to specialized housing stock is not allowed if the residential premises are occupied under contracts of social tenancy, rental of residential premises, state or municipal property of the housing stock for commercial use, lease, and also if they have encumbrances of rights to this property.
4. Residential premises classified as specialized housing stock must be suitable for permanent residence of citizens (meet the established sanitary and technical rules and regulations, fire safety requirements, environmental and other legal requirements), be comfortable in relation to the conditions of the corresponding settlement.
5. Service living quarters are separate apartments.
It is not allowed to allocate rooms for office premises in apartments where several tenants and (or) owners of residential premises live.
Both all living quarters of such a house and part of the living quarters in this house can be used for office living quarters in an apartment building.
6. Dormitories include houses specially built or converted for these purposes, or parts of houses, premises equipped with furniture and other items necessary for citizens to live.
Living space in the hostel is provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
7. The mobile fund may consist of apartment buildings, as well as apartments and other residential premises. The living space of the mobile fund is provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
8. The houses of the social service system include specially built or converted buildings, equipped with the equipment necessary to ensure the life and safety of citizens.
In the houses of the social service system, living quarters are equipped for holding medical, psychological and social events, feasible work activities, as well as other living quarters that can be used to support life.
9. The formation of the fund for the temporary settlement of persons recognized as refugees is carried out at the expense of the federal budget. The specified fund is subject to transfer to the operational management of the authorized federal executive body. The fund for the temporary settlement of recognized refugees may consist of apartment buildings, as well as apartments and other residential premises.
The living quarters of the fund for the temporary settlement of persons recognized as refugees are provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
10. Formation of the fund for the temporary settlement of forced migrants is carried out at the expense of the federal budget. The specified fund is subject to transfer to the operational management of the authorized federal executive body. The fund for the temporary settlement of internally displaced persons may consist of apartment buildings, as well as apartments and other residential premises.
The living quarters of the fund for the temporary settlement of forced migrants are provided at the rate of at least 6 sq. meters of living space for 1 person.
11. Buildings specially constructed or adapted for such purposes are used as living quarters for the social protection of certain categories of citizens.
The provision of residential premises for the social protection of certain categories of citizens is carried out under contracts of gratuitous use.
12. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of residential premises of a specialized housing stock and the exclusion of residential premises from the specified stock are made on the basis of a decision of the body that manages the state or municipal housing stock (hereinafter referred to as the governing body), taking into account the requirements established by these Rules.
13. To classify residential premises as a certain type of residential premises of specialized housing stock, the applicant submits the following documents to the management body:
a) a statement on the assignment of residential premises to a certain type of residential premises of specialized housing stock;
B) a document confirming the right of ownership or the right of economic management or operational management of the dwelling;
c) technical passport of the dwelling;
d) conclusion on the conformity of the dwelling with the requirements for it.
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
ON APPROVAL OF THE RULES
RELATIONSHIP OF RESIDENTIAL AREA TO SPECIALIZED HOUSING
FOUNDATION AND MODEL AGREEMENTS FOR RENTAL SPECIALIZED
RESIDENTIAL SPACES
(as amended by Resolutions of the Government of the Russian Federation of 18.07.2016 N 689)
In accordance with Articles 92 and 100 of the Housing Code of the Russian Federation, the Government of the Russian Federation decides:
Approve attached:
Rules for classifying residential premises as specialized housing stock;
a standard contract for the lease of housing premises for a temporary settlement of internally displaced persons;
a model agreement for the lease of living quarters of the fund for the temporary settlement of persons recognized as refugees;
standard lease agreement for residential premises of a flexible fund;
standard contract for the lease of office premises;
a standard contract for the lease of living quarters in a hostel.
Prime Minister
Russian Federation
M. FRADKOV
Approved
Government Decree
Russian Federation
REGULATIONS
ASSOCIATION OF RESIDENTIAL PREMISES TO SPECIALIZED
HOUSING FUND
1. These Rules establish the procedure and requirements for classifying residential premises of state and municipal housing stock (hereinafter referred to as residential premises) as specialized housing stock.
2. The types of residential premises classified as specialized housing stock and their purpose are established by the Housing Code of the Russian Federation.
3. The assignment of residential premises to specialized housing stock is not allowed if the residential premises are occupied under contracts of social tenancy, rental of residential premises, state or municipal property of the housing stock for commercial use, lease, and also if they have encumbrances of rights to this property.
4. Residential premises classified as specialized housing stock must be suitable for permanent residence of citizens (meet the established sanitary and technical rules and regulations, fire safety requirements, environmental and other legal requirements), be comfortable in relation to the conditions of the corresponding settlement.
5. Service living quarters are separate apartments.
It is not allowed to allocate rooms for office premises in apartments where several tenants and (or) owners of residential premises live.
Both all living quarters of such a house and part of the living quarters in this house can be used for office living quarters in an apartment building.
6. Dormitories include houses specially built or converted for these purposes, or parts of houses, premises equipped with furniture and other items necessary for citizens to live.
Living space in the hostel is provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
7. The mobile fund may consist of apartment buildings, as well as apartments and other residential premises. The living space of the mobile fund is provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
8. The houses of the social service system include specially built or converted buildings, equipped with the equipment necessary to ensure the life and safety of citizens.
In the houses of the social service system, living quarters are equipped for holding medical, psychological and social events, feasible work activities, as well as other living quarters that can be used to support life.
9. The formation of the fund for the temporary settlement of persons recognized as refugees is carried out at the expense of the federal budget. The specified fund is subject to transfer to the operational management of the authorized federal executive body. The fund for the temporary settlement of recognized refugees may consist of apartment buildings, as well as apartments and other residential premises.
The living quarters of the fund for the temporary settlement of persons recognized as refugees are provided to citizens at the rate of at least 6 sq. meters of living space for 1 person.
10. Formation of the fund for the temporary settlement of forced migrants is carried out at the expense of the federal budget. The specified fund is subject to transfer to the operational management of the authorized federal executive body. The fund for the temporary settlement of internally displaced persons may consist of apartment buildings, as well as apartments and other residential premises.
The living quarters of the fund for the temporary settlement of forced migrants are provided at the rate of at least 6 sq. meters of living space for 1 person.
11. Buildings specially constructed or adapted for such purposes are used as living quarters for the social protection of certain categories of citizens.
The provision of residential premises for the social protection of certain categories of citizens is carried out under contracts of gratuitous use.
12. The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of residential premises of a specialized housing stock and the exclusion of residential premises from the specified stock are made on the basis of a decision of the body that manages the state or municipal housing stock (hereinafter referred to as the governing body), taking into account the requirements established by these Rules.
13. To classify residential premises as a certain type of residential premises of specialized housing stock, the applicant submits the following documents to the management body:
a) a statement on the assignment of residential premises to a certain type of residential premises of specialized housing stock;
b) a document confirming the right of ownership or the right of economic management or operational management of the dwelling;
c) technical passport of the dwelling;
d) conclusion on the conformity of the dwelling with the requirements for it.
The specified application is considered by the management body within 30 days from the date of submission of documents.
14. The governing body, within the time period provided for in paragraph 13 of these Rules, makes a decision to classify residential premises as a certain type of residential premises of specialized housing stock or to refuse such assignment.
Information about the decision taken by the governing body is sent to the applicant within 3 working days from the date of such a decision.
The decision to classify residential premises as a certain type of residential premises of specialized housing stock is also sent to the body that registers rights to real estate and transactions with it, within 3 working days from the date of such a decision.
Refusal to classify residential premises as a certain type of specialized housing stock is allowed in the event that the residential premises do not meet the requirements for this type of residential premises.
15. The use of a dwelling as a specialized dwelling is allowed only after the dwelling is classified as a certain type of dwelling of a specialized housing stock in accordance with these Rules.
Popular answers to questions about housing and communal services
At present, tenants often raise questions about the legitimacy of holding meetings of owners of premises in apartment buildings, whether the votes in the minutes of the general meeting correspond to the actual participation of owners, etc. Who should control and regulate these processes?Indeed, such a problem takes place. Our Committee is often approached by both tenants and management companies regarding the presentation for payment in the same house of payments from different companies. Such situations, as a rule, are associated with the reluctance of organizations to lose multi-apartment housing stock, in connection with which all means are used, up to unauthorized seizure, falsification of decisions of the general meeting of owners, etc.
In accordance with the Housing Code of the Russian Federation, in an apartment building, residents own not only apartments (living quarters), but also common property in such a building. At the same time, the share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of the said premises. Consequently, the owner is obliged to maintain in proper condition both the dwelling (apartment) and to participate in the maintenance of the common property. To do this, guided by the Rules for the maintenance of common property in an apartment building ... "approved by the Government of the Russian Federation of 13.08.2006 No. 491, the owners at the general meeting must determine the composition of the common property in the house and approve the tariff for the maintenance and repair of residential premises. It should be noted that this tariff applies only to the common property of the owners, which includes, for example: a complete heating system, including in a residential area, taking into account heating devices, a water supply system, including risers and branches up to the first shut-off device (inclusive), a system sewers, including risers and outlets. In other words, if we consider only engineering communications, then the common property will include all mechanical, electrical, sanitary-technical and other equipment located in an apartment building outside or inside the premises and serving more than one residential and (or) non-residential premises (apartment). ..
Specialized housing stock is a set of premises that are intended for the residence of certain categories of citizens and are provided from the state or municipal housing stock according to certain rules (clause 2, part 3, article 19 of the RF LC). The specialized housing stock includes the following types of residential premises (part 1 of article 92 of the RF LC):
1) office living quarters;
2) living quarters in hostels;
3) living quarters of the maneuverable fund;
4) living quarters in houses of the social services system for citizens;
5) living quarters of the fund for temporary settlement of forced migrants;
6) living quarters of the fund for the temporary settlement of persons recognized as refugees;
7) living quarters for social protection of certain categories of citizens;
8) living quarters for orphans and children left without parental care, persons from among orphans and children left without parental care.
At the same time, such a room should be classified as a specialized housing stock by an order of either the federal executive body (if the housing is state-owned) or the local authority (if the housing is municipal) and can only be used for its intended purpose (part 2 of article 92 of the RF LC; clause 12, of the Rules for classifying residential premises as specialized housing stock, approved by Decree of the Government of the Russian Federation of January 26, 2006 N 42).
The assignment of residential premises to a specialized housing stock is not allowed if they are employed under contracts of social tenancy, rental of residential premises in state or municipal ownership of the housing stock for commercial use, lease, and also if they have encumbrances of rights to this property.
Residential premises classified as specialized housing stock must be suitable for permanent residence of citizens, comfortable in relation to the conditions of the corresponding settlement (clause 3 and Regulation N 42).
The procedure for including residential premises in a specialized housing stock or exclusion from it may also be regulated by the normative acts of the ministries and departments to which these residential premises are assigned (clause 5 of the Procedure approved by Order of the Ministry of Finance of Russia dated June 28, 2013 N 64n).
With regard to various types of residential premises of specialized housing stock, the rules for classifying residential premises to this fund are as follows.
1. Office living quarters
Office living quarters are intended for citizens to live in connection with the nature of their labor relations with state authorities, local government, state or municipal enterprises and institutions.
Service housing includes separate apartments. At the same time, all living quarters or part of them can be used as service premises in an apartment building. It is not allowed to allocate separate rooms for service housing in apartments in which other owners and (or) tenants of residential premises live (Article 93 of the RF LC; clause 5 of Rules N 42).
So, for example, employees of the Investigative Committee are provided with living quarters by providing them, among other things, with office living quarters (part 22 of article 35 of the Law of December 28, 2010 N 403-FZ).
2. Living quarters in hostels
Living quarters in hostels are intended for temporary residence of citizens during the period of their work, service or training.
Dormitories include houses specially built or converted for these purposes, or parts of houses, rooms equipped with furniture and other items necessary for living. One person living in a hostel must have at least 6 sq. m of living space (article 94 of the RF LC; clause 6 of Rules N 42).
So, for example, an OVD officer who does not have living quarters in the settlement at the place of service, and his family members living together with him, may be provided with service living quarters (when the employee is transferred to a new place of service in another settlement) or living quarters in a hostel ( Article 8 of the Law of 19.07.2011 N 247-FZ).
3. Living quarters of the flexible fund
Residential premises of this fund are used for temporary accommodation of citizens living under social tenancy agreements in houses subject to major repairs or reconstruction; citizens whose only living quarters have become unsuitable for living as a result of extraordinary circumstances, as well as citizens who have lost the only living quarters acquired through a loan or a targeted loan as a result of foreclosure.
Residential premises of the flexible fund are also provided to citizens at the rate of at least 6 sq. m of living space per person (article 95 of the RF LC; clause 7 of Rules N 42).
4. Houses of the social service system and living quarters for social protection of certain categories of citizens
The living quarters in them are intended for citizens who are recipients of social services and are recognized in need of social services and special social protection.
The houses of the social service system include specially built or converted buildings, equipped with the equipment necessary to ensure the life and safety of citizens. They provide for special rooms for holding medical, psychological and social events, feasible work.
The provision of residential premises for the social protection of certain categories of citizens is carried out under contracts of gratuitous use (
8. The tenant does not have the right to exchange residential premises, as well as to sublet it. 9. Family members of the Tenant have the right to use the living quarters on an equal basis with the Tenant and have equal rights and obligations under this Agreement. 10. The capable family members of the Employer are jointly and severally liable with the Employer for the obligations arising from this Agreement. 11. If a citizen ceases to be a member of the Tenant's family, but continues to live in the dwelling, he retains the same rights as the Tenant and his family members. The specified citizen is independently responsible for his obligations arising from this Agreement.
III. Rights and obligations of the Landlord 12. The renter has the right: 1) to demand the timely payment of the payment for the dwelling and utilities; 2) demand termination of this Agreement in cases of violation by the Tenant of the housing legislation and the terms of this Agreement. The renter may have other rights stipulated by law. 13. The Landlord is obliged: 1) to transfer to the Tenant a dwelling that is free from the rights of other persons and suitable for living in a condition that meets the requirements of fire safety, sanitary and hygienic, environmental and other requirements; 2) take part in the proper maintenance and repair of common property in an apartment building in which the dwelling is located; 3) carry out major repairs of residential premises; 4) take part in the timely preparation of a residential building, sanitary-technical and other equipment located in it for operation in winter conditions; 5) ensure the provision of utilities to the Tenant; 6) to accept the living quarters from the Tenant within the terms established by this Agreement in compliance with the conditions provided for in subparagraph 11 of paragraph 7 of this Agreement; 7) provide the Tenant and his family members for the period of major repairs or reconstruction of a residential building (when repairs or reconstruction cannot be carried out without evicting the Tenant) a living space of a maneuverable fund (at the rate of at least 6 square meters of living space for 1 person) without termination of this Agreement. Relocation of the Tenant and his family members to the dwelling of the flexible fund and back (upon completion of major repairs or reconstruction) is carried out at the expense of the Landlord; 8) inform the Tenant about the overhaul or reconstruction of the house no later than 30 days before the start of work; 9) comply with the requirements established by the Housing Code of the Russian Federation during the reconstruction and redevelopment of residential premises. The renter bears other obligations stipulated by the legislation.
14. This Agreement may be terminated at any time by agreement of the parties. 15. The Employer may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court in the event of: 1) failure by the Tenant to pay for housing and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) the use of residential premises for other purposes; 5) loss or deprivation of the forced migrant status; 6) receipt (acquisition) of other residential premises; 7) non-use of residential premises for more than 6 months (absence without good reason during this period); 8) revealing in the submitted documents, which served as the basis for the provision of living quarters, information that does not correspond to reality. 17. This Agreement is terminated due to: 1) with the loss (destruction) of living quarters; 2) with the death of the Employer. The family members of the deceased Tenant retain their rights and obligations under this Agreement during the term of their status of forced migrants.
Housing Code of the Russian Federation.
Landlord __________________ Tenant __________________ (signature) (signature) M.P.
Approved
IV. Termination and termination of the Agreement 14. This Agreement may be terminated at any time by agreement of the parties. 15. The Employer may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court in the event of: 1) failure by the Tenant to pay for housing and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) the use of residential premises for other purposes; 5) loss or deprivation of refugee status; 6) receipt (acquisition) of other residential premises; 7) non-use of residential premises for more than 6 months (absence without good reason during this period); 8) revealing in the submitted documents, which served as the basis for the provision of living quarters, information that does not correspond to reality. 17. This Agreement is terminated due to: 1) with the loss (destruction) of living quarters; 2) with the death of the Employer. The family members of the deceased Employer retain their rights and obligations under this Agreement during the term of their refugee status.
V. Payment of fees under the Agreement 18. The tenant pays a payment for the dwelling in the manner and amount provided for by the Housing Code of the Russian Federation.
Vi. Other conditions 19. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 20. This Agreement is made in 2 copies, one of which is at the Landlord, the other - at the Tenant.
Approved
IV. Termination and termination of the Agreement 14. This Agreement may be terminated at any time by agreement of the parties. 15. The Employer may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court in the event of: 1) failure by the Tenant to pay for housing and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) the use of residential premises for other purposes. 17. This Agreement is terminated due to: 1) with the completion of ___________________________________________________ (major repairs or reconstruction of the house, settlements with the Tenant, _________________________________________________________________________ who lost the dwelling as a result of foreclosure on this room, _________________________________________________________________________ settlements with the Tenant for the dwelling recognized as unfit for living as a result of ________________________________________________________________________; extraordinary circumstances - specify the necessary) 2) with the loss (destruction) of the living quarters; 3) with the death of the Employer. The family members of the deceased Tenant retain the right to use the living quarters until the completion of the repair or reconstruction of the house, settlements in connection with the loss of the dwelling as a result of foreclosure on this premise, settlements for the dwelling recognized as unfit for habitation as a result of extraordinary circumstances.
V. Payment of fees under the Agreement 18. The tenant pays a payment for the dwelling in the manner and amount provided for by the Housing Code of the Russian Federation.
Vi. Other conditions 19. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 20. This Agreement is made in 2 copies, one of which is at the Landlord, the other - at the Tenant.
Landlord ______________ Tenant ________________ (signature) (signature) M.P.
Approved
IV. Termination and termination of the Agreement 16. The Employer may terminate this Agreement at any time. 17. This Agreement may be terminated at any time by agreement of the parties. 18. Termination of this Agreement at the request of the Landlord is allowed in court in the event of: 1) failure to pay by the Tenant for housing and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) the use of residential premises for other purposes. 19. This Agreement is terminated in connection with: 1) with the loss (destruction) of living quarters; 2) with the death of the Employer; 3) upon the expiration of the term of the employment contract; 4) with the end of the service life; 5) with the end of the training period. 20. In case of termination or termination of this Agreement, the Tenant and his family members must vacate the dwelling. In case of refusal to vacate a dwelling, citizens are subject to eviction without providing another dwelling, with the exception of cases provided for by the Housing Code of the Russian Federation.
V. Payment of fees under the Agreement 21. The tenant pays a payment for the dwelling in the manner and amount provided for by the Housing Code of the Russian Federation.
Vi. Other conditions 22. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 23. This Agreement is made in 2 copies, one of which is at the Landlord, the other - at the Tenant.
Landlord ______________ Tenant ________________ (signature) (signature) M.P.