Living space standard. right to additional living space

1.1. Housing Code of the Russian Federation

Article 39. Right to additional living space

In addition to the living space norm, certain categories of citizens are provided with additional living space in the form of a room or in the amount of ten square meters. For citizens suffering from severe forms of certain chronic diseases, as well as citizens who need this space due to the conditions and nature of the work performed, the size of additional living space can be increased.

The procedure and conditions for the provision of additional living space and the list of categories of citizens entitled to receive it are established by the legislation of the USSR.

1.2. Federal Law of November 24, 1995 No. 181-FZ "On the social protection of disabled people in the Russian Federation"

Article 17. Providing disabled people with living space

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters, taking into account the benefits provided for by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people have the right to additional living space in the form of a separate room in accordance with the list of diseases approved by the Government of the Russian Federation. This right is taken into account when registering for the improvement of living conditions and the provision of residential premises in houses of the state or municipal housing stock. Additional living space occupied by a disabled person (regardless of whether in the form of a separate room or not) is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a rental or rental agreement are subject to registration for improvement of living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or deprived of parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises in the houses of the state, municipal and public housing stock, occupied by a disabled person under a rental or rental agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises in houses of the state, municipal and public housing stock, occupied by disabled people under a rental or rental agreement, upon their vacancy, are occupied first of all by other disabled people who need to improve their living conditions.

Disabled people and families with disabled children are given a discount of at least 50 percent on rent (in state, municipal and public housing) and utility bills (regardless of the housing stock), and in residential buildings that do not have central heating , - from the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

The procedure for providing these benefits is determined by the Government of the Russian Federation. Executive authorities of the constituent entities of the Russian Federation and local governments have the right to establish additional benefits for people with disabilities.

1.3. Rules for providing benefits to disabled people and families with disabled children to provide them with living quarters, pay for housing and utilities (approved by Decree of the Government of the Russian Federation of July 27, 1996 No. 901)

1. Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters, taking into account the benefits established by the Federal Law “On Social Protection of Disabled Persons in the Russian Federation” for the provision of living quarters, payment for housing and utilities services for obtaining land plots for individual housing construction, as well as maintaining subsidiary and dacha farming and gardening in accordance with the established procedure and provisions of these Rules.

2. The grounds for recognizing disabled people and families with disabled children as needing improved housing conditions for registration are:

The provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation;

Living in a residential premises (house) that does not meet established sanitary and technical requirements;

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 (according to the conclusion of state or municipal health care institutions) in the same apartment is impossible;

Accommodation in adjacent non-isolated rooms for two or more families in the absence of family relationships;

Accommodation in dormitories, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens settled in connection with their studies;

Living for a long time on a sublease basis in houses of the state, municipal and public housing stock, or renting in the houses of housing construction cooperatives, or in residential premises owned by citizens who have no other living space.

When registering to improve the living conditions of disabled people, their right to additional living space is taken into account.

Disabled people and families with disabled children may be recognized as in need of improved housing conditions on other grounds established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.

3. Accounting for disabled people and families with disabled children in need of improved housing conditions is carried out:

At the place of residence - by a specially authorized local government body or a specially appointed official;

At the place of work - at enterprises, institutions and other organizations that have housing stock under the right of economic management or in operational management.

Disabled people and families with disabled children can be registered to improve their living conditions at the same time at their place of work and at their place of residence.

4. To register disabled people and families with disabled children in need of improved housing conditions, submit an application, to which are attached:

Extract from the house register;
- a copy of the financial personal account;
- a copy of a certificate confirming the fact of disability, and a copy of the individual rehabilitation program for a disabled person;
- other documents taking into account specific circumstances (certificates from the technical inventory bureau, health care institutions, etc.).

5. Disabled people and families with disabled children registered as citizens in need of improved housing conditions are included in separate lists for provision of residential premises as a matter of priority.

6. Living quarters for disabled people and families with disabled children are provided for each family member within the limits established by the state authorities of the constituent entities of the Russian Federation.

Additional living space in the form of a separate room is provided to disabled people in accordance with the list of diseases approved by the Government of the Russian Federation.

Providing a disabled person with living space in state or municipal housing is carried out taking into account his right to additional living space.

7. When providing housing to disabled people and families with disabled children, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances (approach to a medical institution, place of residence of relatives, friends, etc.) are taken into account.

8. For disabled people and families with disabled children, the residential premises they occupy can be replaced with other equivalent residential premises in accordance with the individual rehabilitation program for the disabled person (relocation from the upper floors of houses to the lower floors, moving closer to the place of residence of relatives, friends, etc. .).

9. When a disabled person is placed in a stationary social service institution, residential premises in the houses of the state, municipal and public housing stock, occupied by him under a rental or rental agreement, are retained by him for 6 months from the date of admission to the stationary social service institution.

The recognition of a disabled person as having lost the right to use residential premises due to his absence beyond the specified period while living in a stationary social service institution is carried out in the manner established by housing legislation.

10. Disabled people living in stationary social service institutions and wishing to obtain residential premises under a rental or rental agreement are registered to improve their living conditions, regardless of the size of the space occupied in stationary social service institutions and are provided with residential premises on an equal basis with other disabled people.

At the same time, previously occupied residential premises may be returned to them.

The procedure for registering these persons and providing them with living quarters is determined by the executive authorities of the constituent entities of the Russian Federation.

11. Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching 18 years of age, are subject to being provided with residential premises out of turn by local government bodies at the location of these institutions or at the place of their previous residence of their choice, if An individual rehabilitation program for a disabled person provides the opportunity to provide self-care and lead an independent lifestyle.

12. Specially equipped residential premises occupied by disabled people in houses of the state, municipal and public housing stock under a rental or rental agreement, upon release, are occupied first of all by other disabled people in need of improved housing conditions.

13. Disabled people and families with disabled children are given a discount of no less than 50 percent on housing costs in state, municipal and public housing stock, payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating, - the cost of fuel purchased within the limits established for sale to the public.

14. Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

15. To receive benefits for housing, utilities and purchased fuel, disabled people and families with disabled children apply to organizations that collect payments for housing, utilities and purchased fuel (housing repair and maintenance enterprises, utility companies, etc. .P.).

The basis for providing benefits for housing, utilities and purchased fuel is a certificate confirming the fact of disability, issued by institutions of the state medical and social examination service.

16. Expenses associated with the provision of benefits for housing, utilities and purchased fuel are reimbursed:

For state housing stock that is federally owned - at the expense of the federal budget;

For the state housing stock owned by the constituent entities of the Russian Federation, for the municipal housing stock, as well as for the public housing stock - in the manner established by the constituent entities of the Russian Federation and local governments.

17. Disabled people and families that include disabled people are provided, as a matter of priority, with land plots for individual housing construction, farming and gardening on the basis of an application and an attached copy of a certificate confirming the fact of disability, issued by an institution of the state medical service - social expertise submitted in the prescribed manner to local government bodies.

18. Additional benefits for disabled people and families with disabled children may be established by executive authorities of the constituent entities of the Russian Federation and local governments at their own expense.

1.4. List of diseases that give disabled people suffering from them the right to additional living space in the form of a separate room (approved by Decree of the Government of the Russian Federation of February 28, 1996 No. 214)

1. Active forms of tuberculosis of all organs and systems.

2. Mental illnesses requiring mandatory medical supervision.

3. Tracheostomy, fecal, urinary and vaginal fistulas, lifelong nephrostomy, bladder stoma, uncorrectable urinary incontinence, unnatural anus, malformations of the face and skull with impaired breathing, chewing, and swallowing functions.

4. Multiple skin lesions with copious discharge.

5. Leprosy.

6. HIV infection in children.

7. Absence of lower limbs or diseases of the musculoskeletal system, including those of hereditary origin, with persistent dysfunction of the lower limbs, requiring the use of wheelchairs.

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs and (or) dysfunction of the pelvic organs.

9. Condition after transplantation of internal organs and bone marrow.

10. Severe organic kidney damage, complicated by renal failure of II - III degree.

1.5. List of diseases that give persons suffering from them the right to use an additional room or additional living space (approved by the circular of the NKVD of the RSFSR dated January 13, 1928 No. 27 and the NKZDrav of the RSFSR dated January 19, 1928 No. 15)

A. Diseases that give persons suffering from them the right to use an additional (separate) room

I. Diseases that threaten to infect others:

1. Active forms of tuberculosis of the lungs and other organs with the release of tuberculosis bacillus, established by repeated laboratory monitoring.

2. Leprosy.

II. Diseases in which living together with those suffering from them is impossible for others:

1. Mental illness.

2. Severe forms of psychoneuroses: epilepsy, traumatic psychoneurosis, psychosthenia and hysteria, accompanied by loss of consciousness and pronounced seizures.

III. Diseases that cannot be cured, in which, due to the untidiness they cause, cohabitation with those suffering from them is impossible:

1. Fecal and urinary fistulas, as well as urinary and fecal incontinence.

2. Malignant tumors, accompanied by copious discharge.

3. Multiple skin lesions with copious discharge.

4. Gangrene and lung abscess.

5. Gangrene of the limbs.

B. Diseases that give persons suffering from them the right to use additional living space

1. Active tuberculosis of the lungs and other organs.

2. Severe respiratory distress due to emphysema and asthma.

3 Chronic severe organic disorders of cardiac activity (endocarditis, myocarditis, angina pectoris, etc.).

4. Pregnancy two months before childbirth and until its end.

1.6. Resolution of the Supreme Court of the USSR of April 3, 1987 No. 2 “On the practice of applying housing legislation by courts”

12. When considering claims for the division or exchange of residential premises, the courts must proceed from the equal right to use the residential premises of the tenant and family members living with him.

If an agreement was reached between the tenant and family members who moved in at the same time or at different times, defining a different procedure for using the residential premises, the court may take this circumstance into account.

If additional living space in the form of a separate room is provided to one of the family members and other family members did not use this room, it is not subject to inclusion in the total size of the living space to be divided.

1.7. Decree of the Moscow Government of April 11, 1995 "On providing benefits for payment of housing and communal services to disabled people and participants of the Great Patriotic War"

In commemoration of the 50th anniversary of Victory in the Great Patriotic War and in pursuance of the mayor’s order No. 111-RM dated March 7, 1995 “On proposals made at the meeting of the mayor and government of Moscow with deputies of the Moscow City Duma on February 8, 1995,” the Moscow government decides:

1. To provide, from February 1, 1995, benefits on payment for maintenance services in the amount of 50% of the current rates for the area occupied within the social norm to disabled people and participants of the Great Patriotic War and members of their families living with them, who are:

Homeowners as a result of privatization;

Owners of one and only housing as a result of other transactions (except for privatization) in houses managed by state and municipal housing enterprises;

Owners of one and only housing or shareholders in residential complexes, housing cooperatives;

Owners of one and only housing as a result of other transactions (except for privatization) in the houses of Residential Property Owners Associations.

3. Heads of enterprises, organizations and institutions in Moscow that have housing stock under economic, operational or other (under contract) management, take note and implement the following provisions:

3.1. In the case where the tenant (owner, tenant) of a residential premises has the right to benefits in paying for housing, utilities and other services on two or more grounds, benefits are accrued according to one of them at the choice of the citizen.

At the same time, different benefits may be applied for each type of payment.

3.2. Payments for housing, utilities and other services are recalculated:

In connection with changes in the established order of rates and tariffs - from the moment these rates and tariffs are changed;

Due to arithmetic errors in calculations and incorrect accrual of benefits - for the previous three months;

On the basis of documents giving the right to benefits - from the moment the relevant normative act came into force, if for this period of time citizens had the right to benefits, but not more than the statute of limitations - three years.

4. Based on the provisions of the Law of the Russian Federation “On Veterans”, the first paragraph of paragraph 11 of the Moscow government decree of June 21, 1994 No. 500 “On amendments to the Moscow government decree of January 11, 1994 No. 41” is declared invalid from May 1, 1995. On the transition to a new system of payment for housing and utilities and the procedure for providing housing subsidies to citizens", stipulating that benefits for housing payments under a rental agreement and rent are provided for the area occupied within the social norm established for a family of a certain composition, with the exception of cases when legislative acts of the Russian Federation establish a different procedure.

Benefits for utilities are provided within the limits of utility consumption standards.

5. To the Engineering Support Department together with the Committee for Social Protection of the Moscow Population and the City Military Commissariat until August 1 of this year. bring to Moscow municipal housing enterprises samples of documents confirming the right of citizens to receive benefits for housing, utility and other payments.

6. Establish that in 1995, recalculation for utilities consumed in excess of the approved standard is made to the population and other payers at a time as of July 1 of this year.

7.1. Within a month, develop a mechanism for providing benefits:

Owners of one and only housing or shareholders in housing cooperatives and residential complexes who are not involved in the maintenance of municipal and city housing enterprises;

Owners of one and only housing as a result of other transactions (except for privatization) in the houses of associations of owners of residential premises who do not enter into an agreement with a municipal, city housing enterprise for financing the housing stock in accordance with the Moscow government decree of August 24, 1993 No. 813 “On the procedure for managing residential houses that are collectively owned, and the transfer of houses to the management of Associations of Property Owners,” or those not subject to maintenance of municipal, city housing enterprises.

7.2. Within 2 months after the adoption of the relevant regulatory act at the federal level, develop and submit for approval a mechanism for compensating enterprises for losses from providing citizens with benefits for paying for housing, utilities and other services.

8. Please note that benefits for veterans of the prosecutor's office, courts, labor, military service, internal affairs bodies and other categories of citizens established by the Federal Law "On Veterans" will be provided after adoption in accordance with the order of the President of the Russian Federation dated February 28, 1995 No. 105 -RP of legal acts of the Government of the Russian Federation and the allocation from the federal budget of funds necessary for the implementation of this Law.

9. When forming the budget for 1995, the Department of Finance should provide for reimbursement to municipal housing enterprises of expenses associated with the implementation of this resolution.

10. Please note that:

Utilities include electricity and heat supply (heating and hot water supply), gas, household waste removal, water supply, sewerage;

Maintenance includes performing work on the operation, routine repairs, and sanitary maintenance of the building, non-residential engineering equipment, and territory.

11. Establish that introduced from May 1, 1995 in accordance with Moscow government decree No. 1036 of November 15, 1994 “On additional measures for the social protection of war participants, persons equated to them, and members of their families in Moscow” and By the mayor's decree of November 2, 1994 No. 545-RM “On providing benefits to participants in the defense of Moscow during the Great Patriotic War,” benefits for housing, rent and utilities are provided within the limits of the social norm for housing area and standards for the consumption of utilities.

1.8. Letter from the City Order Department of the Moscow Government dated May 27, 1999 No. 83-122/9

In order for organizations managing the housing stock to apply a unified procedure for calculating payments for housing and utility services, communication services, taking into account the benefits provided to certain categories of citizens for their payment, the City Order Department informs:

1. Benefits for payment of housing and utilities, communication services to certain categories of citizens are provided by legislative and regulatory acts of the Russian Federation and Moscow. They clearly indicate to whom, for what types of payments, in what volume, and under what conditions benefits are provided.

2. The benefits for payment of housing and communal services provided for by the current legislative and regulatory acts are provided to citizens from the moment they come into effect, unless otherwise specified in the document on the basis of which the benefits are provided, and if for a given period of time citizens had the right to these benefits, but within the limitation period.

3. In the absence of an administrative document adopted at the level of the Moscow Government defining the procedure and conditions for providing citizens with benefits for paying for housing, utilities, and communication services in accordance with the norms of current legislation, housing organizations have no basis for making payments for these services taking into account the rights citizens for benefits, even if they have a document confirming their right to these benefits.

4. The basis for providing citizens with benefits for paying for housing, utilities, and communication services are documents of the established form (certificates, certificates).

5. Benefits for paying for housing and payment for renting residential premises that are state or municipal property, or for paying for house maintenance services for residential premises that are privately owned by citizens, as well as benefits for paying for utilities are provided to citizens within the limits of the social norm housing area and utility service consumption standards, unless otherwise provided by legislative and regulatory acts of the Russian Federation and Moscow.

6. Benefits for paying for house maintenance services to citizens - owners of residential premises, who have the right to do so in accordance with legislative and regulatory acts, are provided for no more than one residential premises (at the request of the owner), based on the rates of payment for house maintenance services, not exceeding those established by the Moscow Government for owners of residential premises as a result of privatization for the area occupied within the social norm.

7. Citizens who have the right to benefits for paying for housing and utilities, who wish to exercise this right not at their place of permanent residence (registration), but at the location of the property or place of temporary residence, have the right to exercise their right to benefits accordingly:

At the location of the property in terms of benefits for payment for home maintenance and heating services, if no one is registered in this residential premises, or for all types of services, if someone lives in the residential premises;

At the place of temporary residence, if the residential premises are owned or rented by another person, in terms of benefits for utilities (except for heating).

Moreover, in addition to the documents that are the basis for providing benefits, housing organizations are required to require citizens to submit a certificate from their place of permanent residence (registration) stating that they pay for housing and utility services without taking into account existing benefits.

8. In the event that a citizen has the right to benefits for paying for housing, utilities or other services on two or more grounds, benefits are accrued according to one of them at the choice of the citizen. At the same time, different benefits can be applied for each type of payment (benefits for paying for housing services can be provided on one basis, and for paying for utilities and other services - on another basis; different benefits can be provided for different utility services).

9. If there are several citizens in a family who have the right to benefits for paying for housing and utility services, each of them has the right to exercise the right to pay for services provided, taking into account the benefits available specifically to him (within the limits of the social norm and consumption standards) or to take advantage of the benefit as a member family of a citizen entitled to benefits.

10. If a citizen who has the right to benefits for paying for housing and utilities on several grounds, one of which applies to family members living with him, and the other not, has chosen for himself a benefit that is provided only to him, his family members lose the right enjoy benefits for these types of payments.

11. In the event that benefits for paying for housing and utility services are provided to specific categories of citizens and do not apply to family members living with them, payments are calculated taking into account the available benefits in the following order:

If a citizen has a discount on housing costs and rent or payment for house maintenance services, then at a preferential rate a fee will be charged from 33 sq. m. m (social norm) of the area of the apartment (room), unless otherwise provided by legislative and regulatory acts. If the area occupied by a citizen (or his family) is actually less than 33 square meters. m, then benefits are provided based on the size of this area;

If a citizen has the right to benefits for utility bills and lives in an apartment occupied under a rental agreement or in joint ownership, then heating fees are charged at a reduced rate per 33 square meters. m of apartment (room) area. If the area it occupies is less than 33 square meters. m, then the benefit is provided based on the actual occupied area;

If the apartment is in shared ownership and the share of a citizen entitled to benefits is less than 33 sq. m, then the benefit is provided only for its share of the area. If the share of the owned residential area is more than 33 sq. m, then benefits are provided only for 33 sq. m;

If a citizen who has the right to benefits for utility services (in particular, heating) lives in a communal apartment, then payment for heating at a preferential rate is charged taking into account the share of the area of the apartment’s common areas (kitchen, toilet, bath, corridor, storage rooms) in compliance with the above provisions according to the social norm.

At the same time, we inform you that by order of the Moscow Mayor dated 03/25/99 N 259-RM “On the implementation in Moscow of the benefits established by the Federal Law “On Veterans”, from 01/01/99:

1. In addition to benefits for rent, payment for housing in state and municipal housing stock, and utilities previously provided in accordance with administrative documents of the Moscow Government, the following benefits are provided:

Disabled persons of the Great Patriotic War and participants of the Great Patriotic War - payment for communication services (television antenna, radio point) in the amount of 50% of the current rates;

Persons who took part in military operations to defend the Fatherland as part of partisan detachments, underground groups or in providing military units of the active army in combat areas, as well as persons who served in military service or worked in the rear during the Great Patriotic War and were awarded orders and medals for dedicated work and impeccable service during the Great Patriotic War, - payment for house maintenance services in residential premises owned by citizens as a result of privatization, in the amount of 50% of the current rates for the area occupied within the social norm, taking into account together with family members living with them; for payment of utilities within the limits of their consumption in the amount of 50% of the current rates (excluding family members), payment for a radio and television antenna in the amount of 50% of the current rates, regardless of the type of housing occupied;

Persons who worked at enterprises, institutions and organizations of the city of Leningrad during the siege and were awarded the medal "For the Defense of Leningrad", and persons awarded the badge "Resident of besieged Leningrad", recognized as disabled, taking into account family members living with them - for payment for house maintenance services in residential premises owned by citizens as a result of privatization, in the amount of 50% of the current rates for the area occupied within the social norm, payment for a radio point and television antenna in the amount of 50% of the current rates, regardless of the type of housing occupied.

2. Benefits provided:

Citizens who have been awarded the title "Veteran of Labor" (in addition to persons previously listed in the order of the Moscow Mayor dated July 13, 1998 N 719-RM), upon retirement and veterans of military service, internal affairs, justice, courts and the prosecutor's office upon reaching age, giving the right to an old-age pension - for payment for rent, payment for housing under a rental agreement in houses of the state and municipal housing stock, payment for house maintenance services in residential premises owned by citizens as a result of privatization, in the amount of 50% of the current rates with area occupied within the social norm, taking into account family members living with them, payment for utilities within the standard for their consumption in the amount of 50% of current rates (excluding family members), payment for radio and television antenna in the amount of 50% of current rates regardless of the type of housing occupied;

Veterans of military operations on the territory of other states, taking into account family members living with them - payment for rent, payment for housing under a rental agreement, payment for house maintenance services in residential premises owned by citizens as a result of privatization, in the amount of 50% of current rates from the area occupied within the social norm;

Disabled members of the families of deceased (deceased) disabled people and participants in the Great Patriotic War, veterans of military operations on the territory of other states, who were dependent on them and receiving a pension in the event of the loss of a breadwinner, as well as family members of the deceased (deceased), who lived together with him - payment for rent, payment for housing under a rental agreement, payment for house maintenance services in residential premises owned by citizens as a result of privatization, in the amount of 50% of the current rates for the area occupied within the social norm, for payment of utilities within the consumption standard in the amount of 50% of the rates (excluding family members living with him) and for payment of a radio point and television antenna in the amount of 50% of the current rates, regardless of the type of housing occupied;

Parents and non-remarried spouse of a deceased war invalid, participant in the Great Patriotic War, veteran of military operations on the territory of other states (regardless of being dependent on them, receiving any type of pension and earnings), as well as parents and not entering into remarriage, to a single spouse living alone of a deceased participant in the Great Patriotic War, a veteran of military operations on the territory of other states - for payment for rent, payment for housing under a rental agreement, payment for house maintenance services in residential premises owned by citizens as a result of privatization , in the amount of 50% of the current rates for the area occupied within the social norm, for payment of utilities within the consumption standard in the amount of 50% of the established rates and for payment of the radio point and television antenna in the amount of 50% of the current rates, regardless of the type of housing occupied;

Members of the families of military personnel, private and commanding personnel of internal affairs and state security bodies who died in the performance of military service, military personnel who died in captivity, recognized as missing in action in areas of combat operations in the prescribed manner, and persons killed in the Great Patriotic War composition of self-defense groups of facility and emergency teams of local and air defense, dead workers of hospitals and clinics of the city of Leningrad - for payment for rent, payment for housing under a rental agreement, payment for house maintenance services in residential premises owned by citizens as a result of privatization, in in the amount of 50% of the current rates for the area occupied within the social norm, for payment of utilities within the consumption standard in the amount of 50% of the established rates and for payment of radio points and television antennas in the amount of 50% of the current rates, regardless of the type of housing occupied.

1.9. Decision of the deputies of the Shakhovsky district of the Moscow region dated June 29, 1998 No. 23/159 “On measures to implement the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”

In pursuance of the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" dated November 24, 1995 No. 181-FZ, on the basis of the resolution of the Governor of the Moscow Region "On measures to implement the Federal Law "On Social Protection of Disabled Persons in the Russian Federation" dated April 28, 1998 N 110 -PG:

1.1. Disabled persons who are subscribers of the local telephone network receive a 50 percent discount in the payment for using the telephone and radio broadcasting point.

1.2. Disabled people and families with disabled children receive a 50 percent discount on housing costs (in state, municipal and public housing stock) and on utility bills (regardless of the housing stock): in residential buildings that do not have central heating, - 50 percent discount on the cost of fuel purchased within the limits established for sale to the public.

Benefits in paying for housing and utilities provided to families with disabled children extend to family members living together with the disabled child.

These benefits do not apply to family members living together with a disabled person aged 16 years or older.

Disabled children belong to a group of people that is commonly called vulnerable. This position is based on the fact that children with disabilities need to live in certain conditions where it would be possible to fulfill their everyday needs with maximum convenience.

In our country there is an opportunity to get housing for disabled children. However, for this you need to take certain actions.

The need for registration

In the Russian Federation, providing housing for disabled children is one of the areas of state policy in the field of social protection of the population.

Families raising children can count on improved living conditions based on medical reports.

The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of the Federal Law No. 181 of November 24, 1995. In this case, registration is necessary. Russian legislation provides that the acquisition of priority rights to housing for disabled children is available to those citizens who registered as such before January 1, 2005.

Important! People who applied for benefits before the specified period can count on receiving funds from funds established for this purpose, as well as housing.

Many people are interested in the question of how to get an apartment for a disabled child after January 1, 2005. In this case, all actions will be regulated by the Housing Code of the Russian Federation.

The following indicators are very important:
time of registration;
queue number;

The first priority may be in children if their disease is associated with severe chronic forms. These categories are specified in the LCD and, for example, may include:

abscess or necrosis of the lungs;
malignant tumors;
a number of mental illnesses;
severe skin lesions;
and others.

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Legislative regulation

The law of the Russian Federation has invented a special system that allows families with disabled children to purchase housing. The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995.

For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code.

Only those persons who suffer from a severe form of a chronic disease can receive a pass without a queue (Part 2 of Article No. 57 of the Housing Code).

Living space for a disabled child in terms of standards

At the federal level, there is no specific value for the minimum size of housing that can be provided to a disabled person. This right is granted to local authorities.

The number of square meters is affected by various conditions. So, for example, in Moscow, 18 sq.m. are allocated for one person who falls under the category of a disabled person. minimal.

Important! In other regions of Russia there may be other regulatory indicators, which can be found in local legislative acts.

Collection of documentation for benefits

Before receiving housing for a disabled child, you need to collect a certain package of documents and submit it to local authorities.

The list of documentation includes the following:
passport of a citizen of our country;
confirmation of income;
an extract issued by the real estate cadastre, if there are already residential premises;
a copy of the house register or an extract from it;
personal account statement;
a copy of the existing cadastral plan;
a document confirming the existing disability and related papers;

marriage or divorce document and family composition certificate.

It is worth noting that the entire paperwork procedure is very complex and tedious. With some frequency, local governments try to make the submission of documentation more difficult in some way.

Attention! Submission of documents can be carried out by representatives of the beneficiary. Any officially authorized persons have the right to do this. To do this, you need a notarized power of attorney, which will clearly state this right.

Who can apply for living space

Only the presence of a minor family member with a disability cannot become an unconditional basis for receiving residential square meters. It is very important to be exactly the family that needs it.

In this case, the authorities dealing with the issue of providing housing for people with disabilities rely on the Rules for the provision of residential premises for people with disabilities and on Decree of the Government of the Russian Federation of 1996 No. 901.

Circumstances that entail the right to preferential conditions include:

the size of the existing apartment (room, house, etc.) does not meet existing standards for each family member;
the requirements for sanitation and technical indicators of the apartment are not met;
several families live on the territory of one premises;
the presence of conditions where people who also suffer from severe chronic diseases live together with a disabled child;
absence of an isolated room for children if they live together not with relatives;
accommodation in a hostel with a number of exceptions (the temporary nature of such a factor);
lack of own housing (sublease, use of state fund premises and other circumstances).

Attention! Disabled persons are not included in a separate list of persons who are eligible for rental housing out of turn. They receive such housing on a first-come, first-served basis. An exception is made for citizens who, for medical reasons, have contraindications for living together.

Even without taking into account all bureaucratic procedures, the Russian Federation, represented by its state bodies, must necessarily create

One of the main social guarantees of the state is the protection of housing rights of vulnerable segments of the population, including various categories of disabled people. In accordance with the norms of federal and regional legislation, the state has assumed the obligation to provide housing for disabled people recognized as needing improved housing conditions.

In the material presented, we will find out whether a disabled person can get an apartment from the state, and how housing programs operate that allow this category of citizens to receive housing for free.

Providing housing for disabled people

The ability of a disabled person to obtain housing is directly related to his registration as a person in need of improved living conditions. Unfortunately, the law does not allow you to obtain an apartment due to disability immediately when applying to the authorized government bodies; for this you will have to comply with a number of mandatory formalities.

Currently, the provision of residential premises to this category of beneficiaries is carried out in the following areas:

social housing for disabled people at the expense of the state or municipal housing stock;
subsidies for housing for disabled people, the size of which does not depend on the number of family members, since funds are allocated only to the beneficiary himself.

For any option for obtaining housing, a disabled person must join a queue by submitting an appropriate application to the local government authority. The procedure and timing for the provision of apartments directly depends on the date of registration of the person, and is regulated by the Housing Code of the Russian Federation, Federal Law dated November 24, 1995 No. 181-FZ “On the social protection of disabled people of the Russian Federation,” as well as regional regulatory legal acts.

Social housing

Residential premises of the state or municipal fund are provided to citizens on a waiting list for improved housing conditions. This rule fully applies to disabled people of all groups.

The city queue is maintained by a local government body or an authorized body of municipal property. To register, you must submit the following documents:

application from a disabled person;
documents confirming the lack of an apartment or the need for housing;
a certificate from the MSEC authorities regarding the establishment of a disability group;
certificate of family composition;
documents confirming the status of low-income citizens.

Regional legislation may establish preferential queues for certain categories of citizens, including disabled people.

Preferential social housing becomes available to local authorities through the construction of multi-apartment buildings, the acquisition of individual apartments on the primary and secondary markets, as well as through the use of quotas in commercial buildings.

Subsidies

Another option for improving the living conditions of disabled people is to provide subsidies from budget funds for the purchase of apartments. This method is available subject to the allocation of funds when the budget for the next year is approved. In order to allocate budget funds, a certificate is issued to disabled people for housing, which is strictly targeted.

The amount of the subsidy for the purchase of housing is calculated as follows:

the number of disabled people in the family is multiplied by the average market value of 1 sq.m. in the region of residence and multiplied by the federal housing standard (currently this criterion is 18 meters per person).

Important! The state provides housing only for the disabled person himself; no money is allocated for his family members. The exception is families raising disabled children.

In this area, only comfortable residential premises should be purchased, since the key rule is to improve the living conditions of citizens.

Right to housing benefits

Which group of disabled people is entitled to housing? The disability group does not matter when deciding on the issue of improving housing conditions; an official certificate from MSEC will be a sufficient basis.

If the established disability group has a certain validity period, the beneficiary will have to undergo annual re-examination and submit a new certificate to local government authorities. Housing benefits for disabled children allow you to avoid this requirement; this legal status is established for life.

In addition, the right to separate housing for a disabled person will depend on the nature of the primary or additional illness, which is confirmed by medical reports. Also, the procedure for implementing benefits will vary depending on the timing of registration.

Procedure for providing benefits

If a disabled person was officially placed on the waiting list before January 1, 2005, then he has the right to count on receiving funds from subventions that constituent entities of the Russian Federation receive from the federal budget. At the moment, this procedure applies only to disabled people and WWII veterans. At the same time, the remaining categories of disabled people who were already on the waiting list as of 01/01/2005 have the right to receive housing under a social tenancy agreement.

If a disabled person is registered after January 1, 2005, then the procedure for providing him with an apartment is established in accordance with the Housing Code. Regional regulations may regulate additional preferential grounds for the priority allocation of housing to this category of citizens.

Conditions for providing housing to persons with disabilities

The rules for providing housing to disabled people or families raising disabled children establish the grounds for registering them as those in need of improved housing conditions:

the provision of housing for each family member is below the standards established by the legislation of the Russian Federation;
living in an apartment that does not meet sanitary and technical standards (for example, a disabled person living on the top floor has a priority right to be moved to the first floor);
living in a residential building of several families, one of which has a person suffering from a severe form of the disease, as a result of which living together with him is dangerous for others;
a situation in which two or more families who are not relatives live in non-isolated rooms;
accommodation in a dormitory, with the exception of persons working on seasonal work, under a fixed-term contract or in connection with training.

In accordance with Part 2 of Article 57 of the Housing Code of the Russian Federation, one of the grounds for obtaining housing under a social tenancy agreement out of turn is the presence of a severe form of chronic disease. That is, if the cause of disability is a severe chronic illness, then the disabled person may qualify for priority receipt of such living space, and in some cases, for additional expansion of living space.

List of diseases of disabled people for obtaining housing

The list of diseases that are taken into account when determining preferential categories of citizens is regulated by Decree of the Government of the Russian Federation No. 378 of June 16, 2006. Citizens suffering from the following diseases can apply for an apartment with an area larger than that established by federal standards:

active forms of tuberculosis;
mental illnesses for which dispensary treatment is mandatory;
HIV infection in minors;
large lesions of the skin with discharge;
leprosy;
other serious illnesses.

Required documents

Documents for registration are submitted to the relevant department of the local administration in person or through a representative acting on the basis of a notarized power of attorney. The package of documents includes:

statement;
a certificate confirming disability;
an extract from the house register;
personal rehabilitation program.

Depending on the basis for registration, you may also need: a document confirming the fact that several families live in one apartment; act of inspection of living conditions; certificate from the BTI, etc.

Housing for wheelchair users

Apartments for wheelchair users must meet certain requirements. The creation of such a housing stock is the responsibility of regional and local authorities.

For example, as part of the “Social Support for Moscow Residents” program, new houses with apartments designed specifically for wheelchair users will be built in the capital. The project is planned to be completed by 2017. In such apartments, doorways will be widened, sockets for electrical appliances will be at an accessible height, and the area of balconies will increase.

Housing for combat disabled people

A similar mechanism applies to this category of beneficiaries, which depends on the date of registration. A citizen has the right to count on receiving funds based on the cost of 18 square meters in his region if:

took part in hostilities on the territory of the USSR, Russia, as well as other states;
received wounds, contusions, or mutilations in connection with serving in the Armed Forces or other paramilitary formations;
registered as needy before January 1, 2005.

The form and procedure for presenting funds is determined in each region independently. In a situation where registration occurred after January 1, 2005, there are no advantages for a combat disabled person; he will receive living quarters on a general basis.

Additional housing benefits

In addition to these benefits, people with disabilities have the right to apply for additional social support measures:

payments for the purchase of housing when applying for a property tax deduction (available to all citizens);
benefits for utility bills (the amount and grounds for providing these benefits are established at the local level).

It must be remembered that the exact list of benefits may vary depending on the region of residence of citizens. Detailed information, as a rule, can be provided by social protection authorities.

If you have any questions about the allocation of housing to people with disabilities, or officials unreasonably refuse to exercise this right, we recommend that you seek help from our specialists. We will help you draw up all the necessary documents in strict compliance with the law. For consultation, call the hotline or leave a request in the feedback form.

ATTENTION! Due to recent changes in legislation, the information in this article may be out of date! Our lawyer will advise you free of charge - write in the form below.

My daughter is sick with a severe form of a chronic disease, which makes it impossible to live together in a communal apartment. Not long ago we were registered as needing improved living conditions, since we live in a communal apartment. But it turns out interesting - we were put on a waiting list for priority housing and no one can answer me when we will be allocated this so-called priority housing. Please tell me what should I do, because in the law there is no concept of a queue for those outside the queue. As I understand it, there should be no queue.

In the housing sector, the presence of certain types of chronic diseases in citizens may provide additional rights or impose restrictions on existing ones. So, according to Part 4 of Art. 51 of the Housing Code of the Russian Federation, citizens in need of residential premises provided under social tenancy agreements are recognized as tenants of residential premises under social tenancy agreements, family members of the tenant of residential premises under a social tenancy agreement or owners of residential premises, family members of the owner of residential premises living in the apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which living together with him in the same apartment is impossible, and who do not have other residential premises occupied under a social tenancy agreement or owned by right of ownership. To recognize such citizens as needing better housing, it does not matter whether we are talking about a communal apartment in which several families live, or about a separate apartment where two or more families live under the same contract. It also does not matter that the citizens (all or part of them) are the owners of the entire apartment (residential building) or the owners of individual rooms, etc. Both the size of the occupied residential premises and the fact of the presence (or absence) of family relationships between families are not taken into account (Article-by-Article Commentary to the Housing Code of the Russian Federation Edited by P.V. Krasheninnikov).
The following circumstances must be taken into account:
1) several families live in the apartment;
2) one of them includes patients suffering from severe forms of certain chronic diseases;
3) living with these patients in the same apartment is impossible;
4) citizens do not have any other premises owned or occupied under a social tenancy agreement.
A special List of diseases that should be followed when applying the above-mentioned basis for recognizing citizens as needing residential premises was approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378

These include the following diseases:
1) active forms of tuberculosis with the release of Mycobacterium tuberculosis;
2) malignant neoplasms accompanied by copious discharge;
3) chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations;
4) epilepsy with frequent seizures;
5) gangrene of the limbs;
6) gangrene and necrosis of the lung;
7) lung abscess;
8) gangrenous pyoderma;
9) multiple skin lesions with copious discharge;
10) intestinal fistula;
11) urethral fistula.
The impossibility of living together with such patients in the same apartment must be confirmed by the conclusion of the health authorities. A medical report is issued by medical advisory commissions (MCC) of medical institutions at the patient’s place of residence or place of work and is certified by the head of the institution. In the absence of such a commission in a medical institution, the patient is given a conclusion signed by the attending physician and the chief physician. In case of improvement of the living conditions of registered citizens by increasing the size of the total living area per each family member due to a move to another place of residence or the death of one of the family members - a patient suffering from a severe form of a chronic disease, they are removed from accounting. When providing residential premises under social tenancy agreements to citizens registered as needing residential premises, one should take into account the fact that they are provided to those suffering from severe forms of chronic diseases out of turn (Part 3 of Article 57 of the Housing Code of the Russian Federation). However, only those citizens who were registered for housing after March 1, 2005 can exercise this right - i.e. after the entry into force of the Housing Code of the Russian Federation, which established the corresponding benefit. Citizens suffering from diseases from this List and accepted for housing registration before March 1, 2005, cannot have, on the basis of Decree of the Government of the Russian Federation of June 16, 2006 N 378, the right to priority receipt of residential premises. When providing residential premises under social tenancy agreements, it should also be taken into account that residential premises under a social tenancy agreement can be provided with a total area exceeding the norm for provision per person, but not more than twice, if such residential premises are intended for the occupancy of a citizen suffering from one of the severe forms of these chronic diseases (Part 2 of Article 58 of the Housing Code of the Russian Federation). A similar provision is enshrined in Art. 17 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation".
At the moment, there are two federal legal acts in force, differing in the list of diseases specified in them and granting citizens the right to receive residential premises under a social tenancy agreement with a total area exceeding the provision rate per person. However, the procedure for the simultaneous application of these two acts has not been determined at the moment.
The presence of a citizen of a disease included in the List approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378, imposes restrictions on the exchange of residential premises and subletting. So, in accordance with Part 6 of Art. 73 of the Housing Code of the Russian Federation, the exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed if, as a result of the exchange, a citizen suffering from one of the severe forms of chronic diseases provided for in the mentioned List moves into a communal apartment. And according to Part 4 of Art. 76 of the Housing Code of the Russian Federation, subletting of residential premises is excluded when moving in persons suffering from one of the forms of chronic diseases specified in the List approved by Decree of the Government of the Russian Federation of June 16, 2006 N 378 (and this requirement applies to both the apartment and the room in a communal apartment).
As for how long to wait in line, it depends on the availability of social housing in the municipality. I recommend sending a request to the administration about how many people are currently entitled to priority housing and what number you have in this queue. How much housing does the administration plan to provide for those out of turn this year? When there is a written request, officials are obliged to respond in writing and then bear responsibility for what is written.

The norm for the provision of residential area under a social tenancy agreement (provision norm) is the minimum size of the residential area, on the basis of which the size of the total area of residential premises provided under a social tenancy agreement is determined. The provision rate is established by the local government depending on the level of provision of residential premises provided under social tenancy agreements achieved in the relevant municipality and other factors.

The accounting norm for the area of residential premises (accounting norm) is the minimum size of the area of living premises, on the basis of which the level of provision of citizens with the total area of living premises is determined in order to register them as those in need of residential premises. The size of such a norm cannot exceed the size of the provision norm. This standard is used exclusively for the purpose of registering citizens as those in need of residential premises.

Municipal bodies have been granted broad powers in determining the size of the presentation norm and accounting norm, which implies responsibility for the decisions made by the lower levels of the “management vertical”. Some analysts, for example, M.Yu. Tikhomirov are inclined to believe that not fixing the size of the norm of representation per person at the federal level (as originally planned, in the amount of at least 15 sq.m. of the total living area) does not contribute to improving the living conditions of a number of regions of Russia.

The Housing Code of the Russian Federation does not directly provide for the right to additional living space (while Article 39 of the 1983 Housing Code established that, in addition to the living space norm, certain categories of citizens are provided with additional living space in the form of a room or in the amount of 10 sq. m.). More details in the “Commentary to the Housing Code of the Russian Federation”, ed. M.Yu. Tikhomirov (M.: Publishing house Tikhomirov M.Yu., 2005).

For certain categories of citizens recognized as needing residential premises, other standards for provision may be established (Clause 3, Article 50 of the Housing Code of the Russian Federation). An example is the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation” (with subsequent amendments and additions), in accordance with which the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of diseases that give disabled people suffering from them the right to additional living space” such a list was approved.

The right to additional living space (no less than 15 square meters and no more than 25 square meters) is also enjoyed by categories of military personnel defined by law (Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as last amended). and additional):

Officers in the military ranks of colonel, equal and higher;

Commanders of military units;

Military personnel are citizens who have honorary titles of the Russian Federation;

Military personnel are citizen teachers of military educational institutions of professional education, military departments at state educational institutions of higher professional education;

Military personnel are citizen scientific workers with academic degrees or academic titles.

Decree of the President of the Russian Federation of April 28, 1997 No. 425 “On the reform of housing and communal services in the Russian Federation” (with subsequent amendments and additional ones) involves the definition of another standard - the federal standard of social norm for housing area: 18 square meters. meters of total housing area per family member of three or more people; 42 sq. meters for a family of two; 33 sq. meters for citizens living alone.