In what case can an orphan get an apartment? New Law: Housing for Orphans

Orphans and vulnerable children who, due to life circumstances, were left without own parents and, accordingly, without housing, according to Russian law, they can receive living space from the state on a free basis, but only after they graduate from an educational institution.

Please note that in different regions the rules for obtaining housing are slightly different, it depends on the local authorities.

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In this article you will learn how to get an apartment for an orphan and under what conditions it is provided.

Step by step guide to obtaining

If you are an orphan and want to get a subsidized apartment, then the first thing you need to do is file an appeal to the relevant authorities.
Submit an application to the regional administration. This must be done before the age of 23. Along with the application, provide Required documents.
After reviewing the application (after 10 days), administration representatives are required to put you on the waiting list. Usually, orphans are given housing first. If funds are provided for the purchase of housing, then the amount will be such that, according to housing standards, is necessary to purchase a certain number of square meters.
Periodically check with local authorities about the progress of the queue.
Preferential housing will be registered as social rent.

If you have reached the age of 23, but have previously submitted an application to the waiting list, then no one has the right to remove you from the register.

What do you need to know?

To get an apartment for free for orphans, you need to graduate from an educational or other type of institution (for example, military service, medical or correctional institutions) write a statement.

On this moment No general act Therefore, there is no mandatory procedure for obtaining social housing for all regions. Thus, orphans will be told where to go with their application, package of documents and find out the deadlines in order to consider and make a decision.

Where to go?

Along with all the documentation (we will indicate the list of documents below), you need to contact the administration at your place of residence. At the same time, you should file a statement with the guardianship authorities. In each region of the Russian Federation, different executive bodies deal with this issue. But based on practice, we can draw conclusions that it is the guardianship and administration authorities that accept documents.

If the package of documents you provided was collected as required by legislative acts, then the relevant authorities are obliged to put the orphan applicant on the waiting list for receiving a housing plot. The applicant must receive notice of the administration's decision in writing.

Do not forget that it is prohibited to cross off an orphan child who has not yet received a home from the waiting list.

In most cases, you have to wait quite a while for subsidized housing. long time. You will have to visit the above authorities frequently to know how your case is progressing. Without such actions, there is a risk of being left without a subsidized apartment altogether.

What documents should I prepare?

In order to immediately join the queue, you need to quickly collect all the required documents.

These include:

passport with registration stamp;
a special certificate that will confirm your status as an orphan;
a correctly drawn up application that must be submitted to the guardianship authorities;
application to the local administration;
a document indicating the composition of the family;
marriage certificate (if available);
children's birth certificate (if available);
documentary evidence of the absence of your own home;
documents that confirm that you are registered in a certain educational institution or the institution where you work, certificates from places of serving a sentence, military service and others;
It is necessary to have photocopies of all documents;
in some cases, other documents may be required;

If an orphan has a living space in which it is impossible to live, it is necessary to write a statement and provide documents that confirm this fact.

Namely:

Written court decision (copy).
Confirmation of non-compliant rules and regulations that are not prescribed Russian legislation or in the case of seriously ill people living in the same living space, a conclusion is made after examining the apartment by a commission.
Provide a cadastral or technical passport to confirm the number of family members.

Rules for providing children with living space

The right to preferential housing from the state is granted when orphans turn 18 years old or as a result of legal capacity (from 14), in general, up to 23 years old. After the age established by law, it will be impossible for an orphan to receive housing.

In 2013 there were some innovations in legislative framework RF. Now orphans receive living space only under a rental agreement that lasts no less than 5 years. Every orphan child will receive the expected housing when it is his turn and nothing else.

After the expiration of the period (5 years) of using the apartment under the terms of the rental agreement, the premises become the property of the owner for an indefinite period.

Thanks to such innovations, it is impossible for scammers to carry out fraud and get housing intended for children who do not have parents, since this living space is not privatized, sold or given away. This group of children is allocated not communal, but furnished apartments.

There are several options for providing premises:

a certain living space;
compensation in the form of funds intended for the purchase of an apartment.

Often, orphans are allocated housing based on registration, for example, orphanage. In some cases, the state meets halfway and allocates an apartment in another region. If, for example, an orphan boy was listed in the Arkhangelsk region, but at the same time spent a long time in the Tula region on military service, then this reason is considered valid.

Under what conditions is it provided?

The Law of the Russian Federation “On additional guarantees for social support of orphans” includes some requirements for obtaining preferential housing for orphans.

They are as follows:

If the applicant, his family or relatives do not have preferential housing received upon signing the rental agreement.
In case of confirmation of an inappropriate environment in the premises where the orphans permanently live.

Among the above conditions, it was said that it was impossible to live in a certain location. These are the places that are unsuitable for children.

These include the following:

Due to an orphan child living with a person who has severe chronic diseases.
If a child lives in the same living space with persons who have been deprived of their rights in relation to him.
Premises without the most necessary conditions for life.
Living space with unsatisfactory sanitary standards.
If the premises that are the home for an orphan have an area smaller than required by law.

Orphans can expect housing from the state if:

You wrote an application to the local guardianship or administration authorities on time; you must submit it before the age of 23.
You registered and independently verified that your name was on the list; you also need to request a copy of the document that will confirm your participation in the queue.

Application for housing

Such an application is the most important in the process of obtaining subsidized housing, so the most important thing is to submit it to the relevant authorities on time and draft it correctly.

If you have the right to a subsidized apartment or improvement of your previous home, then you must be registered (in line). Before this, of course, you need to prepare the necessary documents and draw up an application. It is filled out according to the sample, where it is advisable to indicate all the information, since it will help solve your problem faster.

Compose in this order:

a header (right corner of the sheet), which indicates the institution (where you are applying), its address and the name of the head, after which write your name and address;
provide your details in the main text, social status(orphan), the institution in which they lived and other information about themselves;
information about parents who have died or lost parental rights;
that you do not have your own home;
stand in line;
You can also indicate that, according to the law, such categories of children have the right to receive housing without a waiting list;
In the application, also ask for verification of the facts you specified;
request the provision of residential premises on the basis of a social tenancy agreement;

Is it possible to sell the received apartment?

Until 2013, orphans who received an apartment from the state had the right to immediately privatize it, which made it possible to dispose of it as they wished: sell, rent, donate, etc. Today, orphans do not have such an opportunity, since for 5 years they are considered only tenants of this home, while the state remains the owner. After specified period After privatization, the property becomes the property of the unprotected child.

Such innovations in Russian legislation are explained in order to protect orphans as much as possible from scammers.

There have been numerous cases where criminals somehow took possession of other people's property, leaving children with nothing. Control of the condition of the home is entrusted to the guardianship authorities.

It is possible to receive housing from the state. This will require a number of documents, because collecting them is not as difficult as buying an apartment on your own.

The most important thing is to avoid making mistakes such as late filing of documents and ignoring your rights to improved housing.

Situations arise when children who have lost parental care, after graduating from schools, technical schools or colleges, do not even suspect that they have a full right to housing. And when some time passes and they apply to the appropriate authorities for housing, they are refused due to late application, and this is not correct. If an orphan has not received housing until the age of 23, the state is still obliged to provide him with an apartment free of charge.

Housing

Children who have become orphans and are being raised by trustees or in special institutions should receive benefits from the state. This also applies to the allocation of living space. But one problem remains - not every orphan knows how to get housing. Let’s look at how to get an apartment for an orphan after 23 years in more detail.

Most often, children do not apply for housing because:

Children in their care were poorly explained their rights by guardians or responsible persons working in guardianship bodies.
The authorities that are responsible for implementing the law on the allocation of space did not register the children who applied to them.
The state of health of orphans at the time when it was necessary to register.
Registration did not take place due to the fact that at one time the child did not have all the necessary documents in his hands.

In addition, very often children who are registered are removed from it. This procedure is illegal. If such cases are identified, children should be provided with housing without a waiting list.

Important Terms

The main point is that the child does not have another apartment. At the same time, the child should not have his own apartment or be hired.

If the above points are still present, then the teenager must prove why he cannot live there. Such circumstances may be:

The child's parents do not want to move out of the apartment. Whom the court deprived of parental rights.
The apartment is inhabited by citizens who suffer from serious chronic diseases (contagious).
The housing is not suitable for living (until demolition, in disrepair).
The apartment does not meet the standard for square meters.

Until how old?

At the age of 14, children, as well as those who live in orphanages and boarding schools, are registered so that they can count on free public housing. The interested person, his guardian or representative of the guardianship authority must contact the appropriate government bodies to register. The person submitting the application may also be someone from the administration of the special institution where the teenager is being educated.

You can apply until you are eighteen years old. After this, documents are collected and after a year they can move into their home. You can enter into housing rights at the age of 18 to 23 years inclusive. At the same time, if a person has not received his own housing upon turning 23, he is not removed from the register. They will wait in line until they get their own apartment.

Housing for orphans after 23 years of age

An orphan can count on state housing even if he becomes fully capable. This happens after the child has completed his studies, for a long time was undergoing treatment and served in the military. But this is all done only until the age of 23. After this age, you can count on housing only if the citizen needs to improve his living conditions. In 2018, an orphan whose age has reached over 23 years old can present his rights to living space.

Judicial practice providing housing to orphans after 23 years of age

In judicial practice, after 23 years of age, it is quite possible to obtain their own housing if there is evidence that they had good reasons why they did not receive space from the state. The orphan must prove that his guardians or authorities public authority were inactive when it was time for the child to register. Representatives of the guardianship authorities did not carry out explanatory work among orphans. It will also be proven that the actions of representatives of certain authorities who prevented people from obtaining housing were illegal. Only after this can the court recognize the orphan’s right to his own apartment. At the same time, a person must demonstrate that he needs housing.

Is it possible to get money instead of housing?

Many orphans are interested in whether it is possible to get money instead of housing. According to the laws of the Russian Federation, such an exchange is not possible. This is explained by the fact that it goes against the very essence of the program to provide orphans with apartments. But there are exceptions in some areas of the country. In this case, children receive a subsidy, which is aimed at purchasing another home of their choice.

The only condition is that the area of the apartment or house must meet all standards. In order to receive a subsidy, you must collect a certain package of documents. After which the local authorities make a decision on issuing a subsidy to the orphan. The subsidy must be equal to the cost of the apartment.

Registration procedure

Get a certificate from an educational institution, a military registration and enlistment office, a special institution (a children's colony), or a hospital stating that he was in these institutions for a long time.
Write a petition.
Provide documents that prove that the orphan has no housing or lives with relatives.
The application is submitted to local authorities.
A copy of the application is submitted to the guardianship authorities.
Wait until the application is reviewed. This may take about a month.
After consideration, an agreement is signed stating that the apartment is issued for rent.
After 5 years, the contract is renewed for an indefinite term. But this is only possible if a person regularly pays everything public utilities and it has no delays.

What documents are needed

The original identification document of the orphan, as well as a copy;
A document stating that the child is an orphan;
Certificate of family composition;
Confirmation of the absence of your apartment;
Certificate from place of study or work;
Marriage certificate, for married orphaned children;
Two petitions, one of which is submitted to the guardianship authorities, and the second to the authorities issuing apartments.

WHO CAN APPLY FOR FREE HOUSING

Social support in the form of free public housing is provided to orphans, as well as children who are left without parental care. Before explaining the mechanism for obtaining such housing, it is necessary to understand who and by what principle falls under the above categories.

Orphans- these are children under 18 years of age whose both or only parents have died.

A child is recognized as left without parental care if, before reaching adulthood, his parents:

died or were declared dead by a court decision;
declared missing;
deprived of parental rights or limited in them;
incompetent or recognized as partially capable (this must be confirmed by a court decision);
are seriously ill and cannot perform parental functions;
avoid fulfilling their parental responsibilities;
are suspected or accused of committing a crime;
are serving sentences in correctional institutions;
refuse to take their children from educational organizations, medical organizations, organizations providing social services;
simply unknown (both both and one of the parents).

WHAT ARE THE REQUIRED CONDITIONS TO OBTAIN FREE HOUSING

There are a number of mandatory conditions without which an orphan will be denied public housing.

Therefore, if an orphan or a child deprived of parental care applies for such housing, he must:

1. Reach the age of 18, or be recognized as legally competent before reaching the age of majority (for example, if married).

2. Complete your stay in a social institution for orphans (children left without parental care), or graduate from a university (if studying), or serve in the army (if serving) and have documents confirming this. If the orphan served his sentence and was released, he must have the appropriate document confirming that he served his sentence.

3. Do not have your own housing or allocated social housing received under a rental agreement. This also applies to immediate relatives or family members if they live with the orphan.

If relatives have housing in social rent, the orphan has the right to receive a free apartment only in the following cases:

if you live in a living space with parents who have been deprived of parental rights;
if people with serious chronic diseases live with the orphan;
if the living space where the candidate for free housing lives is officially recognized as unsuitable for living;
if the housing does not meet sanitary and technical standards;
if the housing does not meet the required standards for its square footage.

Additional grounds for recognizing the impossibility of living in residential premises may be established by the legislation of the constituent entities Russian Federation. You can find out about the features by contacting the executive authority of the constituent entity of the Russian Federation. As a rule, this is the regional department of education or municipal departments of guardianship and trusteeship.

IT IS IMPORTANT TO KNOW! If an orphan has his own housing, and it meets all living conditions, then he cannot apply for an apartment from the state!

WHAT ARE THE MANDATORY REQUIREMENTS FOR THE FREE HOUSING PROVIDED?

Housing allocated for orphans has clearly stated requirements:

a separate apartment (not a communal apartment) or house;
well-maintained - with all communications (water supply, heat supply and electricity supply);
compliance with the standards for the provision of space under a social tenancy agreement is determined by municipal authorities taking into account the level of housing provision for the population.

More detailed requirements for allocated housing:

load-bearing and enclosing structures of residential premises must be in good condition;
housing must be provided with engineering systems: electric lighting, drinking and hot water supply, water disposal, heating and ventilation, and in gasified areas also gas supply (in settlements without centralized engineering networks in one- and two-story buildings, the absence of running water and sewerage latrines is allowed);
residential premises must be protected from penetration of rain, melt and groundwater, possible domestic water leaks from engineering systems;
access to apartments above the fifth floor must be via an elevator;
rooms and kitchens in residential premises should have direct natural light;
placement of residential premises in the basement and ground floors is not permitted.

IT IS IMPORTANT TO KNOW! The living space should not be less than the accounting norm, which is established by local governments. If the orphan's family consists of two people, then the minimum area of provided housing will be increased. If there are more than two people in an orphan’s family, then an additional number of square meters must be provided for each person.

WHAT IS THE PROCEDURE FOR REGISTRATION OF DOCUMENTS FOR HOUSING

1. We register in the register of orphans or children without parental care

Upon reaching the age of 14, an orphan child is included in the list of children left without parental care and in need of housing. The corresponding application is submitted by the trustee, guardian or administration of the institution where the child is located.

If for some reason the application was not submitted, then the applicant for the living space himself can submit it, but only after reaching the age of majority. This is done in a special authorized body, which is different in each region (more accurate information will be provided by the local administration).

2. We collect the necessary documents

A year before the child reaches adulthood, the necessary package of documents is collected, which may differ in different regions of the Russian Federation. After submitting documents to the relevant authority, local authorities decide whether to include the orphan in the list for housing or not.

As for those orphans who apply to government agencies on their own after reaching adulthood, the person must collect the necessary documents and have them with them immediately at the time of application.

List of required documents:

application for housing (2 copies);
passport of a citizen of the Russian Federation (original and copy);
a document confirming the status of an orphan;
certificate of family composition (original);
a document certifying the absence of own real estate;
a certificate from the place of study or work (on completion of studies at a university/service in the army/serving a sentence);
marriage certificate (for those who are married);
birth certificate of children (if there are children);
document confirming place of residence.

One application for housing is submitted to the administration (or authorized body), the second - to the guardianship and trusteeship authorities.

The application is written in free form, but it is necessary to indicate the request for the allocation of housing, the applicant’s last name, first name and patronymic, passport details, details of the orphan’s certificate, the date of preparation and possible additional requests of the applicant.

IT IS IMPORTANT TO KNOW! Until adulthood, an orphan can submit applications only through legal representatives, but this must be done no later than 2 months after reaching the age of 14.

After adulthood - only in person. Contact through a proxy is not allowed!

If an orphan is studying at a university, serving in the army or serving a sentence in a correctional institution, then housing can be provided to him only after completing his studies/service/serving his sentence.

3. Submit documents to the relevant authority

To register for housing, contact your local administration (or other authorized body). If the administration is not involved in this issue, its employees will tell you where to go to submit an application and a package of documents to be placed on the queue for housing.

4. We are waiting for the selection and allocation of housing

Typically, the application is reviewed within one month. If the answer is yes, then within the next year the applicant should receive an apartment. In practice, unfortunately, the wait may be prolonged - it all depends on the regulations of local governments and the ability of regional authorities to build and rent out housing preferential categories citizens.

5. We conclude a rental agreement for residential premises

When housing has been selected and is ready for delivery, a rental agreement for specialized living space is concluded between the municipal authorities and the orphan. It clearly states that housing can be used exclusively for the personal residence of the applicant and his family members.

The agreement is valid for five years. Upon expiration of the term, it is transformed into a standard social rental agreement. However, in exceptional cases the rental agreement for specialized residential premises may be extended for a new term. For example, if the orphan did not fulfill his obligations under the contract properly due to difficult life circumstances.

ANSWERS TO FREQUENTLY ASKED QUESTIONS

At what age is the best age to apply for free housing?

You can get on the register of orphans in need of free housing starting from the age of 14. Let us remind you that until you reach the age of majority, you can register only through a legal representative.

Submission of an application for housing is carried out no earlier than 17 years of age, and you can get an apartment no earlier than 18 years of age. If an orphan child is studying and receiving vocational education, he passes conscript service in the army or serving a sentence in a correctional institution, he receives an apartment only after graduating from a university/serving in the army/serving his sentence.

How long after submitting the application will the apartment be issued?

According to the regulations, the applicant will receive an apartment no earlier than a year after the positive decision of the government agency. However, there is no statutory deadline. In practice, the procedure may take longer.

Is it possible to privatize free housing?

Social housing can be privatized by orphans into private ownership. However, to do this, he must live there for at least 5 years. This is due to the fact that when an apartment is issued, a rental agreement for specialized housing is concluded for this period. It is impossible to privatize an apartment before this date.

After 5 years of living with the orphan, an open-ended social tenancy agreement is concluded. And from this moment the home can be privatized.

Is it possible to get money instead of free housing?

It is impossible to replace the acquisition of housing for an orphan child with cash rubles. Living space cannot be converted to monetary equivalent and give instead an amount of money equal to its value. In addition, you cannot receive an apartment in the form of a subsidy for the purchase or construction of housing yourself.

Is it possible to get free housing in another city?

Housing for orphans is provided in the region where the applicant for housing resides. To obtain housing in another city, an orphan will need to register in that locality, where he wants to get living space.

Is it possible to refuse to receive free housing?

If for any reason the orphan wants to refuse the apartment he received, for example, if the apartment does not meet the standards prescribed by law, he has the right to do so. In this case, it is necessary to demand from the administration to replace the inadequate living space, competently justifying the claim. If a government agency refuses to change the apartment to one that really suits everyone legislative norms, then it is necessary to file a claim in court.

ATTENTION! In this case, qualified legal assistance to the orphan should be provided free of charge within the framework of state system free legal assistance. If the interests of the orphan are represented by a trusted person, a notarized power of attorney may be required for him.

SO, LET'S SUM UP

In order for an orphan to receive free housing from the state, you need to follow the following scheme:

1. Reach the age of majority or be recognized as legally competent.

2. Finish your stay in a social institution for orphans.

3. If the child studies/serves/is in prison, then obtain a certificate from the educational institution about completion of studies or from the military registration and enlistment office about completion of service, or a certificate of criminal record if the applicant has served a sentence.

4. Prepare the necessary package of documents, including papers confirming the absence of housing or, if available, confirming the impossibility of living in it.

5. Write two applications for free housing and submit them to the local administration (or other authorized body), as well as to the guardianship authorities at the place of residence. This must be done before the age of 23.

6. Wait for a decision on the application (usually it is made within one month).

7. If the decision is positive, wait until you receive the apartment.

8. Make sure that the allocated housing meets all necessary requirements.

9. Upon receipt of housing, enter into an agreement for the use of residential premises.

10. After 5 years, enter into a social rental agreement with the right to use housing indefinitely (possible only if there are no debts for utilities).

), right to providing housing for orphans arises under the condition that they do not have housing assigned to them in their property, and also if the residential premises reserved for them, which they previously occupied, are not available for their residence after their return.

The procedure for providing housing for orphans

Providing orphans with housing is carried out in the following order: upon reaching 18 years of age, the child writes an application for housing. Provision of housing can also be provided until the orphan child reaches the age of 18, for example, when he reaches full legal capacity, when he completes his studies at school, finishes receiving vocational education, returns after completing military service upon conscription, at the end of serving a sentence in a correctional institution or at the end of his stay in medical organization for orphans.

Housing is provided from a specialized housing stock, once. This could be an apartment or a residential building.

According to the Information of the Ministry of Justice of the Russian Federation dated July 20, 2015 (see question No. 7), solving the housing problem of orphans in any other way than providing them with housing from a specialized housing stock is not allowed.

Thus, it is not allowed to provide orphans with subsidies for the purchase (construction) of housing, the provision of residential premises under a social tenancy agreement or for free use.

Issues of determining the procedure for providing housing for orphans are decided by regional and municipal legislation. So, for the city of Moscow this is: The procedure for providing orphans with residential premises (Appendix No. 3 to the Decree of the Moscow Government No. 430-PP dated July 14, 2015), hereinafter referred to as “Appendix No. 3 to the Decree”, and the Moscow Law No. 61 of November 30, 2005 (Article 13: Additional guarantees of property rights):

Inclusion of the child in the regional list of orphans subject to housing

Children who are not provided with their own housing (under a social tenancy agreement or by right of ownership), if it is confirmed that it is impossible for them to live in the residential premises they previously occupied, are included in the list of orphans subject to housing provision from the moment they reach the age of 14 years.

This list, in accordance with Law No. 159-FZ (clause 3 of article 8), Law No. 61 (parts 3-5 of article 13), Decree of the Moscow Government No. 566-PP dated September 08, 2015 (clause 1) and Appendix No. 1 to the Resolution (clause 2), is conducted by the executive authority of the constituent entity of the Russian Federation. In particular, for Moscow the list is maintained by the Department of Labor and social protection population of Moscow.

Appendix No. 1 to the Resolution (clause 3) defines the categories of orphans to be included in the list. These are orphans:

Who have a place of residence in Moscow.
Who do not have a place of residence in Moscow and at the same time occupy places in government organizations stationary social services Moscow.
Who do not have their own place of residence in Moscow and are under the supervision of an organization for orphans and children without parental care.

According to the Review judicial practice RF Supreme Court No. 4 (2016), approved by the Presidium of the RF Supreme Court on December 20, 2016 (clause 12), the place of residence of an orphan child is interpreted in this context as the actual place of residence, and not the place where the child is registered but does not live.

A child is included in the list upon application of his legal representative no later than from the moment the child reaches the age of 14 years will pass 2 months. The application is submitted to the guardianship and trusteeship authority.

If the legal representative does not submit an application to the guardianship authority, children have the right to declare their inclusion in the list of the guardianship authority independently. Orphans who acquired full legal capacity before reaching 18 years of age also independently declare their inclusion (see paragraphs 4 and 6 of Appendix No. 1 to the Resolution).

Appendix No. 1 to the Resolution (see paragraphs 10, 13, 15, 16, 21 and 23) states that the approximate period from the moment of filing an application with the guardianship authority until receiving a copy of the order of the Department of Labor and Social Protection of the Population on inclusion in list (about motivated refusal included) can be about three months.

In each region there are specialized authorized bodies that are responsible for resolving issues of providing orphans with housing. In Moscow, provision of housing for orphans is provided in accordance with the Resolution (clause 2), Appendix No. 3 to the Resolution (clause 1.2) and clauses 1.1 and 1.3 of the Regulations approved by Order of the Moscow Government No. 547-RP dated April 19 2002, Decision Commission housing issues orphans, children left without parental care and persons from among them (hereinafter referred to as the “Commission”).

Residential premises for orphans are provided on the basis of a rental agreement for specialized residential premises.

According to paragraphs 2.3 and 2.4 of Appendix No. 3 to the Resolution, orphans who have reached full legal capacity before the age of 18 apply for housing on their own. Orphans also independently apply for housing for whom their legal representatives did not apply within the prescribed period.

In the case where an orphan child is being brought up in a foster family, an application for provision of housing for him or her is sent by him (legal representative) to the guardianship and trusteeship authority. The application period is until April 1 of the year in which the child turns 17 years old.

Documents to the guardianship authority for obtaining housing for an orphan child

Identification document of an orphan child, i.e. citizen of the Russian Federation.
A document proving the identity and powers of the child’s legal representative.
A certificate from a medical organization participating in the implementation of the Territorial Program of State Guarantees for the provision of free medical care to citizens in Moscow stating that an orphan for health reasons has the right to housing benefits.
If an orphan child does not live at the place of residence on the day of filing an application with the guardianship authority, the legal representative of the orphan child submits to the guardianship authority a document about the place of actual residence of the child.

If necessary, the guardianship authority requests other missing documents from the relevant authorities in the order interdepartmental interaction(see Appendix No. 3 to the Resolution, clauses 2.6-2.8).

Having collected all the documents, the Commission plans and approves a Plan for providing orphans with living quarters by October 1. The approved plan will serve as the basis for reviewing the documents of each orphan. The result of reviewing the documents will be a conclusion on the provision of living quarters for each orphan child.

If the child’s documents are not submitted in full, the Commission refuses to provide housing or removes from consideration the issue of providing the orphan with housing.

After drawing up the minutes of the Commission meeting, within nine days all applicants are notified of the conclusion made by the Commission (see Appendix No. 3 to the Resolution, clauses 3.1, 3.2, 3.5 - 3.10).

Conclusion of a rental agreement for specialized housing

Let's assume that our application is granted. In this case, within about 100 days after drawing up the minutes of the meeting, the Commission must inspect the proposed premises. Provided that both the child and his legal representative have expressed agreement with the living quarters offered to the orphan child, an inspection certificate is drawn up and signed with them. Then, within three working days, this inspection coupon must be sent to the Moscow City Property Department.

No later than 30 calendar days from the date the City Property Department receives the inspection coupon, a rental agreement for specialized residential premises is concluded in accordance with Appendix No. 3 to the Resolution (clauses 4.5 – 4.7).

The rental agreement is concluded for five years. The concluded agreement, as the basis for moving into a residential premises, allows you to obtain registration at the place of residence (see Law No. 159-FZ (clause 6 of Article 8), Decree of the Government of the Russian Federation No. 548 of June 28, 2013 and Appendix No. 3 to Resolution (clause 4.8)).

According to the rental agreement for specialized premises, no fee is charged for it. The user of the property undertakes to use it exclusively for personal residence. Only consumed utilities are paid at the rates established for tenants of residential premises under social tenancy agreements.

The guardianship authority, in cooperation with the authorized executive body, in accordance with Law No. 61 (parts 11-13 of article 13) and Appendix No. 3 to the Resolution (clauses 4.11-4.12), exercises control over the use of residential premises for their intended purpose .

Re-registration of a rental agreement for specialized residential premises upon expiration of its validity period

Is it possible to extend the rental agreement for specialized premises? Provided that the user properly fulfills all contractual obligations and there are circumstances indicating the need to assist him in overcoming a difficult life situation, the contract can be extended for a new period at a time.

Otherwise, according to parts 9 and 10 of Art. 13 of Law No. 61, it is subject to termination with the conclusion of a social tenancy agreement in the manner established by the Moscow Government.

If there is a need to provide qualified legal assistance in protecting the interests of orphans, for example, if a dispute arises regarding the provision of housing for an orphan, this assistance is provided within the framework of the state system of free legal assistance on a free basis. If it is necessary to represent the interests of an orphan in court, it will be necessary to issue a power of attorney for the representative, executed through a notary (see the Code of Civil Procedure of the Russian Federation (Part 2, Article 53), the Civil Code of the Russian Federation (Articles 185, 185.1) and Law No. 324-FZ dated November 21, 2011 (clause 4 of article 20)).

The state is obliged to provide its citizens social guarantees. This is the main purpose of its creation and existence. First of all, this circumstance manifests itself when we're talking about about the most vulnerable. And among them are children who, due to various circumstances, were left without parental care.

One of the most difficult problems for young citizens in this category is acquiring their own housing. Will apartments be allocated for orphans in 2019, how to get them? young man this category, more on that later.

Definition of orphan

People find themselves in different situations. Therefore, we will define the concept of orphan as it is interpreted by current legislation. This category includes young citizens who have not celebrated their 18th birthday and who have natural parents:

passed away;
deprived by a court decision of the right to care for descendants;
have lost their legal capacity;
punished for a crime and are in prison;
have an illness that does not allow them to fulfill responsibilities in relation to children;
declared missing, that is law enforcement agencies are searching for them.

The child is assigned an official status:

orphans;
a child deprived of parental care.

This work is carried out by the state guardianship authorities of the local administration. Only after recognition of the status and receipt of the appropriate document, the small citizen big country can count on government support, including housing for orphans.

Important: two circumstances are important for assigning a category:

inability to receive care and financial support from parents for these reasons (or others - decided on an individual basis);
not reaching the age limit (18 years).

Basic laws and the need to change them

The legislative acts on which experts rely when resolving the issue are as follows:

Federal Law No. 159-FZ “On additional guarantees for social support for orphans and children left without parental care.” Date of adoption: 12/21/1996 (last modified 12/31/2014).
Housing Code (LC) of the Russian Federation.

Previously, the rules for providing for orphans and equivalent square meters looked like this:

they were not put in a queue, but were immediately given the premises that the municipality had;
there were no specific rights proceedings;
if an orphan has not been provided with housing before his 23rd birthday, he is removed from the register;
The living space was registered as social rent.

During the investigation of various situations, it was found that such rules open up opportunities for fraud. In particular, young people who received “free” living space:

they sold it, seduced by something less valuable, but currently desirable;
handed over to scammers under the influence of their pressure.

Download for viewing and printing: Important: changes adopted in 2014 stopped the possibility of fraud in relation to the apartments of young orphans.

Who is entitled to housing from the state?

According to the legislation in force in 2019, municipalities provide housing for orphans and citizens deprived of parental care. They are supposed to be given apartments from social fund, if available.

Important: an orphan’s living space can be replaced with a certificate for earmarked funds. They can only be spent on purchasing housing.

The mechanism for providing houses to citizens of this category has undergone major changes. They touched on almost all aspects of the issue, except for the main one - the recipient of state aid.

Age restrictions

In 2019, housing will be provided to young people who meet the following criteria:

has the status of an orphan or a child deprived of parental care;
The citizen's age must be between 18 and 23 years;
this person officially announced that he needed government support to solve the housing problem.

Each of the criteria is equally important. If you do not comply with at least one, then the state will relieve itself of responsibility for where the orphan will live. Moreover, this will turn out to be a completely legal act.

Important: an orphan standing in line for an apartment remains there until his right to state support is fully realized. Even after he celebrates his 23rd birthday. It can be removed from the queue only after providing:

apartments;
Houses;
certificate for their purchase.

Do you need information on this issue? and our lawyers will contact you shortly.

Property criteria

The next gap corrected by the legislator is related to property law. At the date of adoption of this act (1996), this institution had not yet been developed in the Russian Federation, therefore it was not taken into account in the old version of the law. Now the fraud hole has been fixed. Before an orphan is given housing, his other property rights are carefully checked.

Download for viewing and printing:

Thus, the government agency responsible for solving this issue, must check:

whether the applicant or other relatives with whom he lives has an apartment (house) transferred under a rental agreement;
whether he owns residential premises or shares thereof;
whether members of his family own any apartments or houses;
in what conditions the applicant and his family currently live.

Important: if the applicant already has some kind of residential premises, this does not mean that he will not be put on the waiting list. The apartment must comply with:

area standards established in the region;
sanitary conditions specified in the Housing Code.

Restrictions related to available housing

In some situations, the orphan simply cannot use the space to which he is entitled. This is also taken into account in the legislation. Thus, the concept of “impossibility of living in the current place” was introduced. It is connected with the identification of circumstances that harm the orphan and infringe on his rights.

Such circumstances include the following:

An applicant for state support lives in the same apartment with a person affected by a serious illness. This person needs constant care, cannot provide for himself, and is incurable.
If an orphan has to share square meters with parents who are deprived of their rights in relation to him.
This living space is legally declared unsuitable for its intended use (it is being demolished, for example).
The apartment does not meet sanitary requirements (Russian Housing Code).
A share in a residential building or all of it has an area lower than the standard adopted in a given region for one person.

Important: each of the listed circumstances must be documented. Simply announcing it is not enough. When writing an application, you also need to attach papers.

How housing provision is implemented in practice

The housing issue of citizens of this category begins to be resolved subject to:

reaching their 18th birthday;
at any time after reaching adulthood, but before the orphan turns 23 years old;
recognition by law as fully capable before the age of majority (a rare case).

Attention: it is strictly prohibited to provide citizens of this category with a room in a communal apartment. Housing must be separate.

The procedure for transferring housing has been improved so that it cannot be transferred to other hands (including scammers). Now the process looks like this:

According to the changes made, a young citizen who meets all the criteria is provided with an apartment (house) under a rental agreement.
This document has a limited validity period: exactly five years.
After the specified period, the housing goes into the owner’s indefinite use.

Important: you cannot skip the registration period. If an orphan does not exercise his right before the age of 23, he will lose it.

Application and documents

Due to the fact that providing orphans with apartments and other separate housing is the responsibility of the regions, they themselves develop procedures for working with this category of citizens. In particular, they assign work in this area to different departments. As a rule, this is handled by the guardianship and trusteeship authority.

You need to submit an application to the government agency. Without initiative on the part of the beneficiary, no one will solve his problems. You should go to the administration with the following documents (and copies):

passport of a citizen of the Russian Federation (also photocopy the page with registration);
certificate of family composition (original);
a document confirming the status of an orphan or a child deprived of parental care;
documentary evidence of the absence of housing in the property;
certificates (if available):
- about marriage;
- about the birth of children;
a certificate from the place of employment or training (employment authorities, if the person is registered there).

The main package is described above. Some regions may require additional documents. It depends on the established rules. Moreover, regarding the application form federal legislation does not say anything. In principle, you can compose it at your own discretion. However, a region may develop its own form of this document. It is advisable to consult an administration specialist about this.

Important: when visiting the administration, be sure to have all original documents with you.

Since January 2019, not only orphans themselves, but also their legal representatives can submit these applications. If, after 3 months from the moment the orphan child turns 14, the latter do not do this, such a right arises with the guardianship authorities.

Additional documents

In the event that a citizen’s life situation falls under one of the above special criteria, you need to stock up on other documents.

If you have to live with parents who have been deprived of their rights in relation to the orphan, then a court decision will be required. This document is available in the guardianship and trusteeship authority of the region where the family lived during the proceedings.
If the area does not match sanitary standard or is recognized as non-residential, then a certificate can be obtained from the municipality.
The hospital issues a document regarding the illness of a relative registered in the apartment together with the orphan.
The fact that the share of the property is too small for habitation is confirmed by the ownership document. It must list all owners and the total living area.

Important: if a citizen has several circumstances that contribute to the allocation of a separate apartment, then everything must be confirmed.

About the queue for orphans

Registration of all children in this category is carried out by state agencies of guardianship and trusteeship. In particular, civil servants carefully monitor compliance with the housing rights of orphans. Those who need apartments are put on a waiting list upon reaching their 18th birthday. It is formed on the basis of data on the date of birth of orphans registered by the relevant authority.

When a young man initiates the issuance of housing, he ends up in the queue for the place where the specialist from the guardianship and trusteeship authority has placed him. He will receive an apartment immediately after the demands of the citizens registered in front of him are satisfied.

Important: changes in the law abolished the extraordinary distribution of housing to orphans. Now their demands are met depending on the capabilities of the municipalities.

From January 2019, the procedure for registering orphans in housing will change. Now registration is carried out from the moment the orphan child turns 14 years old. The responsibility for setting them rests with legal representatives. And in case of inaction of the latter within 3 months after the ward turns 14 years old - to the guardianship authorities. From the age of 18, an orphan can apply in person for registration.

Young people growing up in boarding schools often have no idea about their own rights. Another option is that they don’t understand where to go for their implementation. But there is no one to advise, there are no relatives.

The algorithm of actions is simple.

After the 18th birthday (at another time, but as close to this date as possible), you should go to the guardianship and trusteeship authority, where the young man is registered. And he is in the region from which this little citizen was sent to a boarding school.
The specialist of the required body needs to report your problems.

Important: it should be taken into account that the guardianship authorities employ civil servants, whose main responsibility is to ensure the fulfillment of the rights of children who are left without parental support and to protect their interests. They receive a salary for this.

These civil servants are obliged to make every effort to help the applicant in solving his problems. That is, they will tell you:
- where to write an application;
- how to compose it;
- what papers to collect;
- other, depending on the situation.

Attention: you need to ask civil servants questions regarding the nuances of the situation. They don't always have an idea of how things really are. It is necessary to educate these people in all the details in order to receive qualified help.

If the guardianship and trusteeship authority refuses to answer questions, then you should understand: people do not want to fulfill their own responsibilities. Therefore, you need to complain about them:

management (this is in the local administration);
superior organization (ministry of the relevant region);
to the prosecutor's office.

Important: the competence of the prosecutor's office includes supervision of the work of the executive authorities. They carefully ensure that orphans are provided with everything that is required by law.

Let's sum it up

The state conducts necessary work to provide children deprived of parental care and support with a separate living space. For this purpose, in 2014, the corresponding changes were made legislative acts. They allowed:
- improve the mechanism for providing apartments;
- protect young orphans from the machinations of scammers and their own mistakes.
The rules provide for the provision of square meters to orphans and equal persons who have declared their problems. In addition, only those beneficiaries who do not have their own housing can count on housing at the expense of the budget.
All children in need of support are strictly taken into account. They are given specific deadlines to report problems: from 18 to 23 years old. Those who miss the chance will not be provided with apartments.
Orphans wait in line until their right to housing is realized.
The mechanism for issuing apartments is such that the orphan owner will not be able to transfer the premises to another person under any circumstances.

Dear readers!

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers of our site.

March 20, 2017, 20:57 March 3, 2019 13:49