Protocol of the Housing Commission on recognition as needy. Minutes of the meeting of the housing commission. What is the minutes of a commission meeting?
On recognition of the decision housing commission illegal, recognized as in need of improvement living conditions
In case No. 2-3433/2010
Accepted Sergiev Posad City Court (Moscow region)
- Sergiev Posad City Court of the Moscow Region, composed of: presiding judge L.V. Sergeeva, with the secretary of the court session M.N. Chernova, having considered in open court a civil case based on the claim FULL NAME11 against the Federal State Institution "<данные изъяты>» on recognizing the decision of the housing commission as invalid and forcing them to recognize those in need of improved housing conditions
Installed:
- Based on the protocol of the housing commission of the Center for Physical Education and Technology (currently the Federal State Institution "<данные изъяты>"") DD.MM.YYYY Chelyshev M.G. was found to be in need of improved living conditions.
- DD.MM.YYYY By decision of the housing commission of the Federal State Institution "<данные изъяты>» Chelyshev M.G. was excluded from the list of persons in need of improved housing conditions.
- Having disagreed with the said decision of the commission, Chelyshev M.G. filed a lawsuit against<данные изъяты>to compel the defendant to provide him and his family members with living quarters in accordance with the standards for the provision of living quarters in accordance with the Federal Law “On the Status of Military Personnel.”
- During the consideration of the civil case, the representative of the plaintiff by proxy, A.B. Solodkaya clarified the claims; at the court hearing she supported the clarified claims and explained that Chelyshev M.G. is a lieutenant colonel in the reserve, served in the Central Physical-Technical Institute of the Moscow Region, was discharged from military service in DD.MM.YYYY in connection with organizational and staffing measures. Currently Chelyshev M.G. lives in a two-room apartment. His mother Chelysheva M.I., ex-wife Chelysheva O.V., daughter Villaverde K.M., granddaughter Mashkovtsev Varvara, born DD.MM.YYYY are registered and live in the same apartment. In DD.MM.YYYY Chelyshev M.G. Based on the protocol of the housing commission, he was recognized as in need of improved living conditions. Since until now the plaintiff has not been provided with living quarters, in DD.MM.YYYY he applied to the Federal State Institution "<данные изъяты>» with a statement to explain the current situation to him. Letter from the Federal State Institution "<данные изъяты>“he was informed that DD.MM.YYYY he was excluded from the list of those in need of improved living conditions. With the specified actions of the Federal State Institution "<данные изъяты>“The plaintiff does not agree, and therefore went to court. She believed that the decision of the housing commission was illegal, since in accordance with clause 13 of the Federal Law “On the Status of Military Personnel”, military personnel whose total duration of military service is 20 years or more, who are not provided with housing at the time of dismissal from military service, cannot be excluded without their consent from the waiting list for residential accommodation at the last place of military service before dismissal and are provided with residential accommodation. She also explained that the grounds for the removal of Chelyshev M.G. was not registered as in need of improved housing conditions, since Chelysheva’s mother M.I. is a disabled person of group 1 and has the right to receive additional living space in the form of a separate room. She believed that the plaintiff should be provided with living space at the rate of 18 sq.m. per person, he should also be provided with additional living space as a separate room. She asked the court to recognize the decision of the housing commission dated DD.MM.YYYY as invalid and to oblige the defendant to recognize Chelyshev M.G. those in need of improved living conditions in accordance with the standards for the provision of living space, namely No. per person and additional living space in the form of a separate room.
- Representative of the defendant FGU "<данные изъяты>At the court hearing, he did not recognize the specified claims, but explained that it was indeed Chelyshev M.G. served in the Federal State Institution "<данные изъяты>» DD.MM.YYYY. During his service at the institute, the plaintiff and his family members lived in a two-room apartment at the address:<адрес>total area No. living area No. Did not dispute that in DD.MM.YYYY Chelyshev M.G. was recognized as in need of improved living conditions, however, on the day the case was considered in court, the protocol on the recognition of Chelyshev M.G. those in need have not been provided with improved housing conditions. From the decision of the housing commission of the Federal State Institution “<данные изъяты>» from DD.MM.YYYY No. it is seen that the plaintiff was excluded from the number of those in need of improved housing conditions. This Solution was adopted in accordance with Art. 32 of the RSFSR Housing Code as a result of checking the legality of the recognition of Chelyshev M.G. those in need of improved housing conditions. He believed that in accordance with the norms of the Housing Code of the RSFSR, which was in force during the period of recognition of Chelyshev M.G. those in need of improved housing conditions, Rules for registering citizens in need of improved housing conditions and the provision of housing in the Moscow region, grounds for recognition of Chelyshev M.G. there were no people in need of improved housing conditions as of DD.MM.YYYY, since the standard for living space occupied by Chelyshev M.G. always complied with the requirements of the law, and was more than the registration and production norm (No. of living space per person. Other legal grounds there was no need to recognize the plaintiff as needing improved housing conditions. In addition, he believed that the plaintiff missed the deadline limitation period, since the decision of the commission to exclude Chelyshev M.G. from the list of those in need of improved housing conditions in the year DD.MM.YYYY was handed to him personally in the year DD.MM.YYYY. He explained that there is no evidence of this circumstance, however, in order to resolve the issue of confirming the right to receive housing, Chelyshev M.G. provided additional documents. He asked the court to dismiss the claim.
- Having listened to the explanations of the persons participating in the case and having studied the case materials, the court finds the claims unfounded for the following reasons.
- Chelyshev M.G. registered and resides at:<адрес>DD.MM.YYYY. Chelysheva M.I., Chelysheva O.V., Villaverde K.M., Mashkovtseva V.M. are registered together with him, which is confirmed by an extract from the house register (case file 10).
- The court established and was not disputed by the parties at the hearing that Chelyshev M.G. being a military serviceman, he was recognized as in need of improved living conditions.
- DD.MM.YYYY Chelyshev M.G. was removed from the personnel lists<данные изъяты>(ld. 9.29)
- Minutes No. of the meeting of the housing commission from DD.MM.YYYY Chelyshev M.G. was excluded from those in need of improved housing conditions due to violation of requirements current legislation if he is recognized as in need of improved living conditions (case files 12-15)
- Applying to the court, the plaintiff Chelyshev M.G. challenges the said minutes of the meeting of the housing commission, indicating that taking into account the number of registered persons in the residential premises, the presence of medical indications for his mother to provide her with additional living space, he had the right to improve living conditions, and therefore the actions of the housing commission to exclude him from the list of those in need of improved housing conditions are illegal.
- To substantiate the plaintiff’s arguments, the court questioned FULL NAME8 as a witness, who testified that he was the deputy chairman of the housing commission in DD.MM.YYYY and participated in the meeting when deciding the issue of recognizing Chelyshev M.G. those in need of improved housing conditions. When making this decision, the commission was guided by the presented documents and the medical certificate of family member M.G. Chelyshev. about the presence of medical indications for the provision of additional living space.
- Witness FULL NAME9 testified that he was the deputy chairman of the housing commission DD.MM.YYYY, Chelyshev M.G. was recognized as in need of improved living conditions, since his mother was sick and needed to be provided with a separate room, other grounds for recognizing Chelyshev M.G. there were no people in need of improved housing conditions, since they were provided with housing and the standard area of the housing provided complied with the law.
- Protocol on the recognition of Chelyshev M.G. those in need of improved living conditions were destroyed due to the expiration of the storage period, which is confirmed by certificate No. dated DD.MM.YYYY (case file 24). The parties did not dispute at the hearing that Chelyshev M.G. in the year DD.MM.YYYY was recognized as in need of improved living conditions, these circumstances are also confirmed by the testimony of witnesses.
- As follows from the explanations of the witnesses, Chelyshev M.G. was recognized as in need of improved living conditions due to the fact that his mother Chelysheva M.I. suffered serious illness and needed additional housing.
- Provisions of Art. 29 of the Housing Code of the RSFSR, valid at the time of recognition of Chelyshev M.G. those in need of improved housing conditions, determined the grounds on which a citizen could be recognized as in need of improved housing conditions.
- The following citizens were considered to be in need of improved housing conditions:
- 1) having a provision of living space per family member below the level established by the Council of Ministers of the Autonomous Republic, executive committee regional, regional, Moscow and Leningrad city Councils of People's Deputies;
- 2) living in a residential premises (house) that does not meet the established sanitary and technical requirements;
- 3) living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which living together with them in the same apartment is impossible;
- 4) two or more families living in adjacent non-isolated rooms in the absence of family relations;
- 5) residents of dormitories, with the exception of seasonal and temporary workers, persons working on fixed-term employment contract, as well as citizens who settled in connection with their studies;
- 6) living for a long time on a sub-rental basis in state and public houses housing stock, or renting in houses of housing construction cooperatives, or in houses owned by citizens on the right of personal ownership, which do not have other living space.
- As of DD.MM.YYYY in the apartment located at:<адрес>were registered: Chelysheva M.I. (registration date DD.MM.YYYY year); Chelyshev M.G. (registration date DD.MM.YYYY), Chelysheva O.V. (registration date DD.MM.YYYY). (case file 10). The occupied apartment consists of two rooms
- (case sheet 7), living area No. (case sheet 31).
- By the decision of the Moscow Regional Executive Committee and the Presidium of the Ministry of Social Protection of the Russian Federation dated DD.MM.YYYY N No. "On approval of the Rules for registering citizens in need of improved housing conditions and providing residential premises in the Moscow Region" valid on the date of recognition of Chelyshev M.G. for those in need of improved housing conditions, a standard provision of living space per family member of no more than No.
- For each member of the Chelyshev family M.G. (as of DD.MM.YYYY) accounted for No. sq.m., accordingly, recognize Chelyshev M.G. according to clause 1 of Art. 29 of the RSFSR Housing Code there were no grounds.
- Evidence confirming that the residential building is<адрес>did not meet the established sanitary and technical requirements; as of 1994, it was not presented to the court.
- Pointing out the existence of grounds for the recognition of Chelyshev M.G. in need of improved living conditions, the plaintiff pointed out that the mother of the serviceman FULL NAME4 was and is a disabled person of group 1, according to a medical certificate, she needs to be provided with additional living space in the form of a separate room.
- In support of these arguments, the court was presented with a certificate No. dated DD.MM.YYYY, from which it is clear that FULL NAME4 was examined by a medical advisory commission of the military unit clinic and, for health reasons, needs to be provided with additional living space in the form of a separate room.
- The need for additional living space is not a basis for recognizing such a person as in need of improved housing conditions, since this basis is directly regulated by Art. 29 of the RSFSR Housing Code is not provided for.
- The court was not presented with evidence confirming that the plaintiff’s family member was a patient suffering from severe forms of certain chronic diseases, in which living together with them in the same apartment was impossible. In addition, the certificate No. dated DD.MM.YYYY confirms the following diagnosis, FULL NAME4: Cerebroclerosis, persistent residual effects of acute cerebrovascular accident, discirculatory encephalopathy. These diseases do not give the right to priority receipt of living space, since they are not in the List of diseases ... approved by the Order of the USSR Ministry of Health dated DD.MM.YYYY No.
- Taking into account the above, the court comes to the conclusion that the grounds for recognizing Chelyshev M.G. those in need of improved housing conditions were not available in 1994.
- In accordance with the provisions of Art. 32 of the Housing Code of the RSFSR, the right to be registered as those in need of improved housing conditions is retained by citizens until they receive housing, with the exception of cases provided for in part two of this article.
- Citizens are removed from the register of those in need of improved housing conditions in the following cases: identification in the submitted documents of information about the need for improvement of housing conditions that served as the basis for registration, as well as unlawful actions of officials when deciding on the issue of registration, is revealed in the submitted documents.
- Deregistration is carried out by the authorities by whose decision citizens were registered.
- Citizens must be notified in writing about deregistration.
- Taking into account the above, the court finds no grounds for recognizing the decision of the housing commission of the Federal State Institution “12 Central Research Institute of Moscow Region” dated DD.MM.YYYY to exclude Chelyshev M.G. from among persons in need of improved housing conditions is invalid and illegal.
- In accordance with Art. 196 Civil Code of the Russian Federation total term The statute of limitations is set at three years. In accordance with Art. 200 of the Civil Code of the Russian Federation, the limitation period begins from the day when the person learned or should have learned about the violation of his right. Since the court was not presented with reliable evidence confirming that Chelysheva M.G. was aware of the decision to exclude him from the number of persons in need of improved housing conditions in DD.MM.YYYY, the arguments of the defendant's representative about the need to apply the statute of limitations, the court finds untenable and subject to rejection.
- Taking into account the above, taking into account the absence of grounds to satisfy the plaintiff’s demands to invalidate the decision of the housing commission, the court comes to the conclusion that there are no grounds to force the defendant to recognize Chelyshev M.G. those in need of improved housing conditions.
- Guided by the Housing Code of the RSFSR, Art. 194-199 Code of Civil Procedure of the Russian Federation, court
Decided:
- Claim Chelysheva M.G. to FGU "<данные изъяты>» to recognize the commission’s decision as invalid and to force those in need of improved housing conditions to leave without satisfaction.
- The decision can be appealed to the Moscow Regional Court through the Sergiev Posad Federal district court within ten days from the date of making the decision in a reasoned form.
- The reasoned decision was made on January 21, 2011.
- Federal judge signature L.V. Sergeeva
And landscaping, secretary of the commission.
MEMBERS OF THE COMMISSION: ,
AGENDA
1. Registration of citizens as those in need of improved housing conditions.
2. On the resettlement of citizens registered at the address: urban settlement. Umba, st. Oktyabrskaya, house 7 and in houses recognized as unsafe in accordance with the procedure established by law.
3. Allocation of housing under contract social hiring.
4. Consideration of citizens' appeals.
5. Miscellaneous.
1. HEARD: about placing on a waiting list for improved housing conditions by concluding a social tenancy agreement.
FULL NAME. family composition | Place of work |
residence |
commissions |
|
Born in 1974, family consists of 4 people | MU OO and VET | p. Umba, st. Belomorskaya, . The apartment is owned by the applicant's mother. | ||
Born in 1953, family consists of 1 person. | pensioner, disabled group 2 | Include in the lists of those in need of improved housing conditions |
||
family consists of 4 people, including 3 minor children | salesman | |||
Born 02/09/1978. Family composition: 1 person. | without. Working, disabled group 3 | p. Umba, st. Sovetskaya, room. 1. total area 16.5 sq. m. owned (purchase and sale.) | refuse |
|
The family consists of 3 people. | Umbsky section | Include in the lists of those in need of improved housing conditions for expansion |
2. HEARD: About the resettlement of citizens registered at the address: urban settlement. Umba, st. Oktyabrskaya, house 7 in houses recognized as unsafe in accordance with the procedure established by law.
Due to the increase in the number of requests from citizens living in residential premises recognized in established by law in order to be unsuitable for living, houses - unsafe, determine the order of provision of residential premises suitable for living.
FULL NAME. family composition, address | The essence of the statement | Commission decision |
|
1962 r.per. Forest. building 6, apt. 1, family composition of 3 people. queue No. 000 from 05/27/2010, appeal since 2008. | provide a comfortable apartment out of turn, since the apartment is recognized as unfit for habitation. | A daughter and her family are participants in the 2011 “Young Family” program. |
|
She asks for an apartment and is ready to carry out cosmetic repairs on her own and at her own expense. municipal apartment | |||
has been in queue No. 000 since November 25, 2008. | asks to provide an unfurnished apartment suitable for living. municipal apartment | ||
asks to be provided with a poorly equipped one-room apartment, because the house burned down and there is nowhere to live. municipal apartment | |||
at the request of the Municipal Unitary Enterprise "Zhek" st. Oktyabrskaya,. kv.5 | provide a comfortable apartment for the period of major repairs municipal apartment | settle first |
|
Born in 1966, for a family of 4 people, queue No. 000 from 03/21/2011. | |||
Born in 1987, for a family of 1 person., l. uch. Eastern Munozero, queue No. 000 from 02/14/2011. | provide a comfortable apartment out of turn, since there is no house. | ||
1964, apartment 3, the house is included in the list of emergency housing, queue No. 000, from 03/29/2011. | provide a comfortable apartment out of turn, since there is no house. municipal apartment | ||
1 person per family. queue No. 000 from 05/03/2011 | Umba village. st. Gornaya, 10 – 6 with a total area of 32.8. provide a comfortable apartment out of turn municipal apartment | ||
the house is subject to major renovation, provide an equivalent comfortable apartment | st. Oktyabrskaya,. sq. 2., two-room apartment, comfortable, with a total area of 56.0 sq. m. m., including residential 33.5 sq. m. | ||
St. Dzerzhinsky, .in queue No. 000 dated 01/01/2001. |
municipal apartment | ||
The house burned down st. Embankment. 10 | requests to be provided out of turn one-room apartment.municipal apartment | ||
1983 r., family composition: 3 people, queue No. 29 from 10/23/86. st. *** -2 | provide a comfortable apartment out of turn, since the house is recognized as unsafe. municipal apartment | ||
And. st. Belomorskaya. | provide an equivalent, comfortable apartment out of turn, since the house is recognized as unsafe. municipal apartment | ||
St. Belomorskaya, house 61, apt. 2. queue No. 000 since 2007 at the request of PAs and PTOs V category "orphan" | municipal apartment |
SOLUTIONS: distribute residential premises if there are residential premises, taking into account total area.
3. LISTENED: Allocation of housing under a social tenancy agreement.
FULL NAME. family composition |
residence |
provided residential placed. |
commissions |
|
Family composition: 4 people, including two children | p.g.t. Umba, st. Belomorskaya, room 1 | p.g.t. Umba, st. Belomorskaya, room 2 | ||
Family composition: 2 people, son. | p.g.t. Umba. st. Sovetskaya, building 3, apt. 4. rooms 1 and 2 | p.g.t. Umba. st. Sovetskaya, building 3, apt. 4, room 3 | offer a comfortable two-room apartment |
|
For a family of 2 people (son), an unfurnished apartment located at the address: urban settlement. Umba. st. March 8, building 3, apartment 8, from 07/06/2011, queue No. 36 for poor housing; No. 000 05/21/2009 general queue | p.g.t. Umba st. Zelenaya, house 23, apt. 1, lives with his mother and brother, who abuses alcohol and leads an antisocial lifestyle, all this in front of the child. I am ready to carry out cosmetic repairs of the apartment on my own and at my own expense. |
with partial improvement (cold water) with a total area of 40.6 sq. m. | Allocate under a social tenancy agreement |
|
family composition: 2 people (including mother disabled group 1) | Umba village, apt. 5, the house is recognized as unsafe | p.g.t. Umba. st. March 8, two-room comfortable apartment with a total area of 40.7 sq. m.. including residential 26.3 sq. m. m. | Allocate under a social tenancy agreement |
|
4. LISTENED: Appeals from citizens.
FULL NAME. family composition, address | The essence of the statement | Commission decision |
|
provide a poorly equipped apartment suitable for living in, because there is no money to pay separate bills for two rooms in a three-room apartment, the father agrees to share. | put the request under control and, if possible, provide an unfurnished apartment |
||
Two children: son 1 year old and daughter 7 years old, st. Sovkhoznaya, 9, apt. 12. | asks to provide her family with a separate comfortable apartment, because she cannot live in the same apartment with her ex-husband. | resolve the issue yourself |
|
st. Belomorskaya. | provide an equivalent, comfortable apartment out of turn, since the building is recognized as unsafe and it is not possible to live in an apartment on the 1st floor. | put the appeal under control and provide, as far as possible, an equivalent, comfortable apartment. |
|
St. Belomorskaya, house 61, apt. 2. queue No. 000 | asks to provide her with a two-room comfortable apartment out of turn, since the house is recognized as unsafe, she is ready to pay extra for additional space. | put the appeal under control, provide, as far as possible, a comfortable apartment according to the accounting standard |
|
St. Stroitelnaya, building 4. on the waiting list No. 27 dated January 1, 2001. | asks to make a change in the registration file: to include in the family his son, born in 1976. | provide a package of documents for your son and consider the issue again. |
|
09/22/1959 R. Umba village, apartment 1 room 24.52 sq. m. in a 3-room comfortable apartment, the neighbors are an ex-wife and children. | asks to be provided with a separate, unfurnished apartment, because he cannot live in the same apartment with his ex-wife. | put the appeal under control, provide, as far as possible, an unfurnished apartment. |
5. LISTENED: Miscellaneous.
4.1. Distribution of apartment No. 12 st. Rybnikov, building 3, requiring extensive restoration:
1. Offer to citizens who are on the waiting list for improving their living conditions and who want to carry out renovation repairs to their apartments at their own expense and on their own.
2. Renovate the apartment at the expense of the administration of the State Enterprise Umba and distribute it in turn.
3. Transfer to the Tersk Central District Hospital for restoration and resettlement under specialized housing rental agreements.
WE DECIDED: to offer it to citizens who are on the waiting list for improving their living conditions and who want to carry out renovation repairs to their apartments at their own expense and on their own.
4.2. Appeal from the head of the Tersky district administration about the allocation three-room apartment specialized housing for three nurses of the Tersk Central District Hospital.
SOLUTION: refuse.
Chairman of the Commission
PROTOCOL No. 41
meeting of the Housing Commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region
07/13/2012 p. Yarkovo
Present at the commission meeting were:
Members of the commission:
– director of the Yarkovsky general store;
– Inspector of the HR Department of the Municipal Unitary Enterprise Housing and Communal Services “Yarkovskoye”;
The meeting of the commission was chaired by the Chairman of the commission.
The meeting of the commission is valid, since all members of the commission took part in it.
Agenda:
Consideration of the application for registration dated January 1, 2001 of Natalya Leonidovna Sheluptsova.
Listened: about the application of Natalya Leonidovna Sheluptsova and the documents attached to the application.
Decided:
Having considered the application from 01/01/2001 of the year and documents attached to the application, The Housing Commission established:
05/28/2012, born on 06/28/1988, applied for recognition of her young family as needing housing, without submitting an application for registration as needing housing provided under a social tenancy agreement in accordance with the NSO Law dated 01/01/2001 “On registration by local government bodies of citizens as those in need of residential premises provided in Novosibirsk region under social tenancy agreements."
By the decision of the Housing Commission (minutes dated January 1, 2001), the single-parent young family of Natalia Leonidovna Sheluptsova was recognized as in need of housing. Grounds for recognition - being tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and provided with a total area of residential premises per family member that is less than the accounting norm (clause 2 of Part. 1 Article 51 of the Housing Code of the Russian Federation).
Composition of an incomplete young family:
daughter – born July 30, 2010
On June 29, 2012, she applied for registration as a person in need of housing provided under a social tenancy agreement.
From the documents presented it follows:
registered at the address: NSO, NSR, s. Yarkovo, st. Lesnaya, 6 apt. 4. The main tenant and owner of the residential premises at the specified address - , mother, and (extract from the household register dated 01.01.2001 No. 000; copy of the Certificate of state registration rights dated 01/01/2001, series 54 AD No. copy of the Certificate of state registration of rights dated 01/01/2001, series 54 AD No. 000). According to an extract from the household register No. 000 dated January 1, 2001, there are currently 6 people registered in the residential premises at the indicated address.
However, he lives at the address: NSO, NSR, village. Yarkovo, st. Sadovaya, 45, which is confirmed by the lease agreement for a residential building dated 01/01/2001 (the term of the agreement is 12 months; the lessor under the agreement is; the total area of the living space is 36.0 sq. m.; the tenant - (together with daughter Sheluptsova Daria Yuryevna).
According to the OGUP “Technical Center NSO”, real estate objects are not taken into account (copy of certificate dated 01/01/2001 No. 000). According to the UFS of state registration, cadastre and cartography for VAT, there is no information in the Unified State Register (copy of notification dated 01/01/2001 No. 01/039/).
Family composition – 2 people (certificate of family composition dated 01/01/2001 No. 000): daughter – , born 07/30/2010 At the time of filing the application, a certificate from the Yarkovsky district hospital dated 01/01/2001 was presented stating that she is registered for pregnancy, the pregnancy period is 23 weeks.
The total area of the living space in which her family members are registered is 38.5 square meters. meters (copy of the Certificate of state registration of rights dated 01.01.2001, series 54 AD No. copy of the Certificate of state registration of rights dated 01.01.2001, series 54 AD No. copy of an extract from the financial register dated 01.01.2001).
The accounting norm for residential area on the territory of the Yarkovsky Village Council per person is 12 square meters. m.
In accordance with Part 2 of Article 49 of the Housing Code of the Russian Federation, low-income citizens are citizens if they are recognized as such by a local government body in the manner established by the law of the relevant constituent entity of the Russian Federation, taking into account the income per family member and the value of property owned by the members family and subject to taxation.
In accordance with Part 1 of Article 8 of the above-mentioned NSO Law of 01/01/2001 “On the registration by local governments of citizens as those in need of residential premises provided in the Novosibirsk region under social tenancy agreements” poor for the purpose of registering citizens in need of residential premises, and providing them with residential premises of the municipal housing stock under social rental agreements citizens are recognized who have the amount of disposable income less need for funds to purchase housing.
In accordance with Article 1 of the NSO Law of January 1, 2001 “On registration by local authorities of citizens as those in need of residential premises provided in the Novosibirsk region under social tenancy agreements”, family members - living together spouses, their children and parents, as well as other relatives, disabled dependents, installed by the owner or tenant of residential premises as family members and living with him general farming, as well as other persons recognized as family members in court
In accordance with the Decree of the Governor of the NSO dated January 1, 2001 No. 000, property that is subject to taxation transport tax in accordance with the Tax Code of the Russian Federation, it is taken into account at market value (clauses 3.1.2 and 3.3); land plots are taken into account in the amount of the tax base (clauses 3.1.3 and 3.2), the tax base – cadastral value land plot(Part 1, Article 390 Tax Code RF); residential buildings, apartments, dachas, garages and other buildings, premises and structures subject to property tax individuals are taken into account in the amount of the tax base (clauses 3.1.1 and 3.2), the tax base – inventory value real estate(Clause 2 of Article 5 of the Law of the Russian Federation of January 1, 2001 No. 000-1 “On taxes on property of individuals”).
From the provided income certificates it follows that disposable income less need for funds to purchase housing ( RD= 248 620,00; RV= 510 000,00). The calculation of disposable income and the need for funds for the purchase of housing was carried out in accordance with the appendix to the NSO Law of 01/01/2001 “On registration by local governments of citizens as those in need of residential premises provided in the Novosibirsk region under social tenancy agreements” to this Law (Appendix to this protocol).
By virtue of clause 2, part 1, art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises are citizens who are tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and are provided with a total area of residential premises for one family member less than the accounting norm.
The Housing Commission adopted the following solution:
A) admit in need of housing provided under a social tenancy agreement (as belonging to the category of low-income). Grounds for recognition- who are tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement, or owners of residential premises or family members of the owner of residential premises and provided with a total area of residential premises per family member less than the accounting norm (Clause 2, Part 1, Art. 51 of the Housing Code of the Russian Federation).
Family composition:
daughter – born July 30, 2010
b) Sheluptsova Natalya Leonidovna register as in need of housing provided under a social tenancy agreement.
The decisions were made unanimously.
Chairman of the Commission – _________________
Secretary of the Commission – _________________
Members of the Commission: _________________
_________________
_________________
_________________
Appendix to the protocol dated January 1, 2001
CALCULATION OF DISPOSABLE INCOME
AND THE NEED FOR FUNDS FOR THE PURCHASE OF HOUSING
Guided by the Law of the Novosibirsk Region of January 1, 2001 “On the registration by local authorities of citizens as those in need of residential premises provided in the Novosibirsk Region under social tenancy agreements” and the Methodology for calculating disposable income and the need for funds for the purchase of housing (Appendix to this Law) Housing Commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region, consisting of:
Chairman of the commission - deputy head of the administration of the Yarkovsky village council of the NSR NSO;
Secretary of the commission - 1st category specialist-lawyer of the administration of the Yarkovsky village council of the NSR NSO;
Members of the commission:
– director of the Yarkovsky general store;
– specialist of the administration of the Yarkovsky village council of the NSR NSO;
– Inspector of the HR Department of the Municipal Unitary Enterprise Housing and Communal Services “Yarkovskoye”;
– Deputy Director of Municipal Unitary Enterprise Housing and Communal Services “Yarkovskoye”.
MADE the following calculation for the purpose of recognition as low-income (s)
Sheluptsova Natalya Leonidovna
(Full name of the citizen-applicant)
1. Calculation of disposable income
RD = (DES - K x PM x 12) x PN
where: RD - disposable income;
PM - value living wage per capita basis valid on the date of filing the application for recognition as low-income;
K - coefficient of increase in the cost of living, established by local governments, in the amount of at least 1;
Mon is the standard period for accumulating savings for purchasing housing. It is established by the local government body equal to the average waiting time (in years) in the queue to receive residential premises of the municipal housing stock under a social rental agreement in the relevant municipality, but not more than 10 years;
DChS - income per family member, calculated by the formula:
SDS
DES = ______
Emergency
where: SDS - total family income for the billing period;
Emergency - the total number of family members in accordance with the requirements of Part 4 of Article 10 of the above Law.
Based on the documents presented, it was established:
1. The income of each family member is:
Based on the certificate from the MCOU Novo-Shilovskaya Secondary School No. 82, 162 432,87 ; on the basis of a certificate of money. payment for housing and utilities is 42 902,88 ; based on a certificate from the department of benefits and social payments of the NSR, the NSO draws up 1 252,28 . Total: 206,588.03
2. Total family income (TFA) is: 206 588,03
In case of emergency - 2 people
3. DES is: 206 588,03/2 = 103 294,01
4. K – 1
5. PM – 6536,00 (based on the Decree of the Governor of the NSO dated 01/01/2001 No. 67, date of application 06/29/2012)
6. Mon – 10 years(based on the decision of the BoD of the third convocation dated January 1, 2001 No. 2)
Then RD = (103 294,01 -1*6536,00 *12)*10=248 620,00
2. Calculation of the need for funds to purchase housing produced according to the following formula:
NP x ChS x RC - I
RV = -----
Emergency
where: PZh - the need for funds to purchase housing;
NP - the size of the need for living space per person. Established by the local government body equal to the norm for the provision of residential premises established by the regulatory legal act of the relevant local government body, but not less than 15 meters;
RC - average market price square meter of housing in the corresponding municipal formation established by the executive body in accordance with the requirements of Article 8 of the said Law;
ChS - total number of family members;
And - the value of property belonging to family members, calculated in accordance with the requirements of parts 5, 6 of Article 10 of the said Law.
It is known that:
1. NP is equal to 15 square meters of total living space per person (Order of the Head of Administration dated January 1, 2001);
2. RC – 34000 (based on the resolution of the administration of the Yarkovsky village council of the NSR NSO dated 01.01.2001 No. 35)
3. And is 0
Emergency - 2 people(based on the certificate of family composition dated 01/01/2001 No. 000)
Then pancreas=15*2*34000-0/2=1020000/2=,00
In accordance with Part 1 of Article 8 of the Law of the Novosibirsk Region dated January 1, 2001 “On registration by local government bodies of citizens as those in need of residential premises provided in the Novosibirsk Region under social tenancy agreements” by the poor in order to register citizens in need of residential premises , and the provision of residential premises of the municipal housing stock to them under social tenancy agreements, citizens are recognized who have the amount of disposable income is less than the need for funds to purchase housing(i.e. RD is less than RV).
According to the above calculation:
RD = 248 620,00
RV= ,00
The Housing Commission under the administration of the Yarkovsky village council of the Novosibirsk district of the Novosibirsk region made the following conclusion:
Sheluptsova Natalya Leonidovna is recognized as poor
Signatures:
Chairman of the Commission – _________________
Secretary of the Commission – _________________
Members of the Commission: _________________
_________________
_________________
_________________
And landscaping, secretary of the commission.
MEMBERS OF THE COMMISSION: ,
AGENDA
1. Queuing for improvement of living conditions.
2. Allocation of housing under a social rental agreement.
3. Consideration of applications from institutions and enterprises of urban settlements. Umba on the allocation of apartments from the specialized housing stock.
4. Consideration of citizens' appeals.
5. Miscellaneous.
1. HEARD: about placing on a waiting list for improved housing conditions by concluding a social tenancy agreement.
FULL NAME. family composition |
Place of work |
residence |
commissions |
|
Born 05/10/1932, st. Novaya, building 9, apt. 5 |
pensioner |
p. Umba, st. Novaya, building 9, apt. 5. owned apartment (purchase and sale) cost 78,962 rubles 20 kopecks | ||
09/22/1959 R. |
PE, pensioner |
sq. 1 room 24.52 sq. m. in a 3-room comfortable apartment, the neighbors are an ex-wife and children. |
Include in the lists of those in need of improved housing conditions |
|
born 02/09/1978 |
without. Working, disabled group 3 |
p. Umba, st. Sovetskaya, room. 1. total area 16.5 sq. m. owned (purchase and sale.) |
consider the issue again, send a request to the prosecutor's office of the Tersky district about the legality of allocating a room to an orphan in exchange for a one-room apartment |
|
Square 3. parents' apartment. |
provide an apartment suitable for living |
put the request under control and, if possible, provide an unfurnished apartment |
||
St. Sovkhoznaya, . from 06/10/199 father, 1961 ________________________________________________________________________ |
help you get your own home. Lives in his parents' apartment (8 people). |
refuse In line are: Father, 1961 No. 000 from 06/10/1996 (2 hours) 1987 R. No. 000 from December 21, 2009 (3h) “Young Family” program in 2011. 1988 R. No. 000 from 01/14/2010 (2 hours) |
||
st. Mountain, |
asks for an unfurnished one-room apartment. | |||
st. Soviet, . recipient of civil housing construction |
requests to transfer her from the “pensioners” category to the “disabled” category on the basis of a medical certificate series ITU - 2007 No. 000 | |||
st. Vostochnaya, 3 |
asks to enter into the registration file changes in family composition in accordance with certificate form No. 9, copies of marriage and birth certificates. |
recommend providing the missing documents for all family members, according to the Housing Code of the Russian Federation, before November 2011 (period of approval of lists for 2012) in order to make changes to the accounting file as of 01. |
||
St. Dzerzhinsky, . Brother Mikhail Petrovich was in the queue No. 000 dated 01/01/2001. |
asks to rewrite the queue in his name in connection with the death of his brother - the applicant, based on a copy of the death certificate dated 01.01.2001. and provide a comfortable apartment out of turn, since the house is recognized as unsafe. | |||
The house burned down st. Embankment. 10 |
asks for a one-room apartment. |
put the request under control and, if possible, provide an unfurnished apartment. |
||
asks to be reinstated in the queue for improved housing conditions. |
(see above) |
|||
1983 r., family composition: 3 people, queue No. 29 from 10/23/86. |
provide a comfortable apartment out of turn, since the house is recognized as unsafe. |
put the appeal under control, provide, as far as possible, a comfortable apartment |
||
St. Belomorskaya, total area 35.2 sq. m., has been in queue No. 000 since May 24, 2010. |
provide a comfortable apartment with a larger area out of turn |
refuse because there are no legal grounds |
5. LISTENED: Miscellaneous. In connection with the increase in the number of requests from citizens living in residential premises recognized in accordance with the procedure established by law as unfit for living, the house is in emergency condition, to determine the priority of providing residential premises suitable for living.
DECIDED: to consider applications on an individual basis, taking into account the actual need for housing.
Chairman of the Commission
) Recommended sample I approve the Head (chief) _____________________________________________ (name of the unit of the FSB of Russia, security agency) _____________________________________________ (military rank, signature, surname, initials) "___" __________ 20___ Protocol No. ___ housing commission meetings ____________________________________________________________________________ (name of the unit of the FSB of Russia, security agency) dated "___" __________ 20___ At the meeting of the housing commission were present: Chairman of the commission: _____________________________________________ (military rank, surname, initials) Deputy Chairman of the commission: _________________________________ (military rank, surname, initials) Members commission: _____________________________________________________ (military rank, last name, initials) _____________________________________________________ (military rank, last name, initials) _____________________________________________________ (military rank, last name, initials) Other persons: ________________________________________________ Secretary of the commission: ________________________________________________ (military rank, last name, initials) Agenda: ________________________________________________
Guided by the Rules for providing military personnel - citizens of the Russian Federation, who are provided with official residential premises for the entire period of military service, residential premises free of charge, approved by Decree of the Government of the Russian Federation of June 29, 2011 N 512, the housing commission decided:
allocate to the following military personnel (citizens) and members of their families:
1. _____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship, __________________________________________________________________________ name and details of the identity document, address _______________________________________________________________________; permanent place of residence or primary residence) _____________________________________________________________________ (last name, first name, patronymic, date and place of birth, citizenship , __________________________________________________________________________ name and details of the identity document, address __________________________________________________________________________ permanent place of residence or primary residence) residential premises in the ownership free of charge at the chosen permanent residence in the form of ________________________________________________ (type of residential premises) at the address: ________________________________________________________________ with a total area (excluding the total area of balconies, loggias, verandas and terraces) - ____ sq. meters, total area (including the total area of balconies, loggias, verandas and terraces) - ______ sq. meters, living area - _____ sq. meters. meters, living area - _____ sq. meters.
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