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Court forces Chita administration to provide housing for needy families
In Transbaikalia, a court ordered the administration of Chita to provide, under an social contract, an extraordinary arrangement of comfortable housing to a family whose apartment was declared unsuitable for living back in 2011.
The housing of a family of five was recognized as not meeting the requirements for housing, an interdepartmental commission. She also indicated that the apartment is not subject to major repairs and reconstruction. In 2016, the family was recognized as needing housing, but so far the city authorities have not provided a new apartment.
The court granted the prosecutor’s lawsuit and ordered the municipality to provide housing out of turn. The Chita administration tried to appeal this decision, but the appeal court of the Trans-Baikal Regional Court again sided with the needy family.
As an 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, in accordance with part 2 of article 49 of the Housing Code of the Russian Federation, the premises of the municipal housing fund under social rental agreements are provided to low-income citizens recognized by the established Housing Code foundations in need of living quarters. And in part 2 of article 57 of the RF Housing Code, out of turn housing is provided under social security contracts to citizens suffering from some severe forms of chronic diseases, and to citizens whose living quarters were recognized as emergency.
“The lack of financing from the debtor, which was an obstacle to the acquisition of housing for the collector, is not a reason for postponing the execution of the court order, releasing the latter from the obligation to execute the court order. Problems in the relationship of the debtor and other entities of the budget system for the provision of housing should not impede the realization of the rights of citizens to provide housing in an extraordinary order, ”said Lolla Kirillova.
The expert explains that often municipalities cite the fact that they do not have free municipal housing, including meeting the stated requirements. Another reason is the lack of money for the purchase of premises. However, those in need of housing are advised not to be sympathetic to such statements, otherwise a new apartment will have to wait for years.
“The term for the execution of the court order is not six months and not a year. The requirements contained in the writ of execution must be fulfilled by the bailiff within two months from the date of initiation of the enforcement proceedings, ”said Lolla Kirillova.