In Art. 19 LCD explains what a specialized housing fund is. In accordance with the norm, as it is a complex of living spaces, given to citizens of certain categories. The provision of a specialized housing stock is carried out in accordance with the rules established in the LC.
The specialized housing stock includes the following areas:
- Service type.
- In the hostels.
- Maneuverable fund.
- In the homes of the social service system of citizens.
- Fund for accommodation for a certain period of time for internally displaced persons.
- In the houses of the system of social protection of the population.
- Fund for resettlement of citizens recognized as refugees.
These living quarters of a specialized housing stock are intended for placement:
- students / students;
- other citizens for the period of their professional activities or training.
Legislation allows the provision of residentialpremises of a specialized housing stock for lonely people, young families. Student hostels are intended for resettlement of out-of-town trainees, doctoral students, graduate students, students of university departments and post-graduate faculties, additional vocational education for the period of study.
These living quarters of specialized housingof the fund are intended to accommodate citizens in connection with the specifics of their labor relations with the state agency, the structure of local government, and the unitary enterprise. Such areas are transferred to persons passing a civil service appointed to a state post of regional significance. They also resettle persons appointed to elective posts of bodies of state power or local government.
Premises of a maneuverable housing stock
They are intended for temporary accommodation of citizens:
- Evicted from a permanent place of residence in connection with the reconstruction or overhaul in the house.
- Loss of living space in connection with the appeal to themcollection, acquired from the loan funds of the bank or other financial organization or a special loan provided by the legal entity for their purchase, and pledged as collateral for the return of specified amounts, if at the time of execution of the claim they are the only residence address.
- Apartments and rooms which have become unsuitable foroperation. In this case, citizens are settled in the premises of a specialized housing stock, if these areas were the only place of their stay.
It should be noted that the list does notis considered exhaustive. Other categories of citizens may be defined in the legislation, which have the right to apply for the areas that constitute a maneuverable specialized housing fund.
Municipal specialized housing stockincludes areas intended for temporary accommodation of citizens recognized as refugees or internally displaced persons. The corresponding status should be established in the manner prescribed by law, and be documented. Specialized housing stock also includes areas used to provide social protection and social services for citizens recognized as needing such support. As in the previous case, their status should be established in accordance with the rules provided for by rules and be supported by appropriate documents. Categories of persons in need of special social protection are determined by federal and regional laws.
Features of resettlement
Recognition to a specialized housing stockpresupposes a number of special rules for the placement of people in need on the premises. In particular, they act for cases of resettlement of people from houses in which reconstruction or overhaul is carried out. Areas designed for these purposes must meet technical, fire and sanitary requirements. The assignment of a premise to a specialized housing stock is carried out by the decision of the owner or body authorized by him. Temporary accommodation for the period of reconstruction or repair is allowed only if the work can not be carried out in the presence of citizens in the building. Persons living in the premises of the maneuverable fund are obliged to pay a fee for utilities, unless it is transferred for the previously occupied areas in which the above measures are performed. The use of apartments and rooms is terminated after the completion of repair work or reconstruction.
Terms of placement
The order in accordance with which resettlement is carried out is established by the government and regional executive structures. Residential premises are provided at a rate of not less than 6 m2 per person. The settlement of citizens is documented. In particular, a contract for hiring a dwelling of a specialized housing stock is being drawn up. The document is signed before the end:
- Overhaul or reconstruction of the structure (when making an agreement with the citizens specified in Article 95 part 1 of the LC).
- Calculations with persons who have lost their living space inconnection with the recourse to them foreclosure, after their sale. This period is valid if the contract for hiring a specialized housing fund is concluded with citizens whose circle is defined by Part 2 of Art. 95 LCD.
- Settlements with persons, single living spacewhich became unfit for permanent residence in connection with extraordinary circumstances, in accordance with the procedure established in the Code and other federal laws, or prior to the allocation of apartments / rooms to them by state bodies or local authorities. This period applies to citizens whose categories are defined in part 3 of Art. 95 LCD.
Other term of the contract is providedother norms, if the document is signed with the persons specified in Part 4 of Art. 95. The end of the deadline serves as the basis for termination of the agreement.
Allocating office space
Apartments / rooms included in the specializedhousing fund, can be transferred to citizens for use for the period of performance of their labor duties as civil servants, elected officials. Accordingly, the termination of relations with the employer, the dismissal or the termination of the term of office acts as the basis for the termination of the operation of the allocated area. The office space is provided by decision of the management of the institution, enterprise, organization, management structure of the cooperative or other public association in whose jurisdiction it is located. In accordance with this act, a citizen is issued a warrant for living space.
To obtain office space, a citizen presents:
- An employment contract with a municipal or state enterprise / institution.
- A document confirming the appointment to the state.
- Act on election to an elected post in the state body or territorial structure of power.
The rooms / apartments areperiod of performance of their professional activities or students at the time of training. After the expiration of the terms established in the contract or agreement, citizens are subject to eviction. However, they are not provided with another room for living. Legislation provides for the allocation of areas and other categories of citizens. For these persons, special rules apply. In particular, the norms define which categories can not be evicted from the premises of a special housing fund without providing them with other areas. Among them:
- Disabled veterans of the Great Patriotic War and other hostilities who were injured in the performance of military duties or in connection with a disease caused by being at the front.
- War participants who were in the active army.
- Families of guerrillas and military personnel missing or dead.
- Persons with disabilities from among the citizens of the commanding and rank-and-file officers of the Ministry of Internal Affairs, who received concussion / injury while performing their official duties.
- The families of servicemen.
- Citizens who have worked in the institution, at the enterprise, in the organization that provided the premises, are no less than 10 years old.
- Persons released from the post, in connection with the stay at which they were allocated living space, but not terminated labor relations with the employer, by decision of which it was received.
- Retired by age.
- Relatives of the deceased employee of the enterprise, to whom the living space was allocated.
- Persons with disabilities 1 and 2 gr., As well as from the number of servicemen and persons equated to them.
- Single citizens with minors living with them underage.
Execution of the contract
In accordance with the agreement, one side -the owner of the living space or the subject authorized by him, - undertakes to allocate another - to the citizen - a room / apartment for use and possession for a temporary stay for a fee. The contract of employment is drawn up on the basis of the relevant decision. The document defines the subject of the transaction, the obligations and rights of the parties. The citizen to whom the premises are transferred can not make an exchange and provide it in sublease. The agreement specifies the family members of the person to whom the apartment / room is allocated. The contract is executed in writing. Typical forms of the document are approved by the Government.
Termination of the agreement
It is allowed at any time before the expiry of the termhis actions by consent of the parties. The owner has the right to terminate the contractual relations with the citizen in a judicial procedure. This is allowed in case of failure by the latter and his relatives staying on the living space together with him, the obligations established by the agreement, as well as in the cases specified in Art. 83 LCD. The action of the document is also terminated in connection with the destruction of the premises and on other grounds stipulated by the Code.
Transfer of ownership of office spacespecialized housing stock or a room in the hostel, the transfer of these areas to operational management / economic management of other legal entities entails the termination of the contract. As exceptions, there are cases when a new owner or organization that received an apartment is a participant in labor relations with an employee-employer.
Use of premises separated fromspecialized housing stock in accordance with employment contracts, is carried out in accordance with the rules established in Art. 65, 69 and 67 (Parts 3 and 4) LC. The exception is the case of the exploitation of housing, to which the procedure established by Art. 65, art. 31 (Parts 2-4) and Art. 67 (h 3-4). The duty of citizens using apartments / rooms is to maintain their satisfactory condition. Subjects are obliged to pay utility bills and make other deductions established in the contract. In the event of failure to perform their duties, the management of the enterprise, institution or authorized body, by whose resolution the living space was allocated, has the right to decide on the eviction of persons through the court. Such an action is allowed for gross violation of the operation rules after repeated warnings. The decisions of these structures can be appealed in a judicial procedure. After termination of the contract, the premise must be returned to the owner.