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The court forced the administration of Nikolaevsk to provide housing to a disabled person

The court forced the administration of Nikolaevsk to provide housing to a disabled person

The court ordered the administration of Nikolaevsk-on-Amur to provide, according to the social tenancy agreement, an improved living space for a disabled person. Voluntarily, officials did not.

The mother of a disabled person complained to the prosecutor's office that her son was declared legally incompetent, suffers from a severe form of a chronic disease in which it is impossible for citizens to live in one apartment, is a disabled person of the first group, while the local authorities do not provide him with a comfortable living space.

According to the regional prosecutor's office, the city prosecutor asked the court to oblige the administration of Nikolaevsk-on-Amur to provide the disabled person with dwelling that meets the established requirements, in an extraordinary order. The court sided with the disabled person, after which the administration allocated him housing out of turn.

As the expert of the information portal Zhilfin.rf (within the framework of the project of the Ministry of Finance of Russia on financial literacy) Lolla Kirillova explains, according to part 2 of art. 49 of the Housing Code of the Russian Federation, to poor citizens recognized as needing housing, these premises are provided under social rental agreements.

“We need to improve our living conditions, that is, the provision with a footage for each family member should be less than the accounting norm in the region (10-12 sq. M.), We must have documents stating that the family belongs to the poor (different numbers in different regions , but the total income of all residents is considered), you need to submit an appropriate application to the local government. Then they will put you in the queue, ”says Lolla Kirillova.

If a family member suffers from severe forms of chronic diseases in which it is impossible to live together with him in the same apartment, then housing under social tenancy agreements must be provided out of turn.

The expert notes that municipalities, as a rule, put citizens on the list out of turn, but are in no hurry to provide housing, citing a lack of funding. However, the Supreme Court of the Russian Federation (Decision No. 21-KG17-19 of 10.10.17) indicated that “the possibility of an extraordinary provision of housing does not depend on the budgetary provision of the municipality. In view of the foregoing, the administration has an obligation to provide housing under a social contract of employment. ”

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