FIRST CAPITAL LEGAL CENTER

MANEUVERABLE RESIDENTIAL PREMISES

A separate category of specialized residential premises consists of residential premises of a maneuverable stock. They are intended for temporary residence:
1) citizens in connection with major repairs or reconstruction of a house in which there are residential premises occupied by them under social tenancy agreements;
2) citizens who have lost residential premises as a result of foreclosure on these premises, which were acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of residential premises, and pledged to ensure repayment of the loan or targeted loan, if at the time of foreclosure, such residential premises are the only ones for them;
3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances;
4) other citizens in cases provided for by law (Article 95 of the Housing Code of the Russian Federation).
Thus, residential premises in the flexible fund are intended to provide housing for citizens who lose the opportunity to use the only residential premises available to them, including in cases where the inability to use existing housing is temporary.
Overhaul of a building is a repair aimed at eliminating all worn-out elements and replacing them with more durable and economical ones. The important thing in this definition, in our opinion, is that we are talking not only about replacing worn-out structures, but also replacing them with more durable and economical ones.
Even before the adoption of the new Housing Code of the Russian Federation, P.I. Sedugin believed that a flexible housing stock is formed by including in its composition residential buildings intended for the temporary residence of citizens who are relocating in connection with major repairs (during its implementation) of the house and/or residential premises that are their place of residence

Also, before the adoption of the Civil Code of the RSFSR, at the direction of the Council of Ministers of the RSFSR, the Councils of Ministers of the autonomous republics, economic councils, ministries and departments created during 1959 1960 a maneuverable fund necessary for the resettlement of citizens during the period of major renovation of apartments, by adapting vacated administrative and office premises and construction of houses such as dormitories<3>.

However, in the legislation of the RSFSR there was no general rule on providing tenants in the houses of local Soviets and departments with other living space during major renovations of the residential premises occupied by tenants. The procedure and conditions for providing citizens with living space in a flexible fund during major repairs were determined by decisions of the executive committees of local Soviets, which in many cases significantly limited the rights of tenants. Art. 318 and 319 of the Civil Code of the RSFSR, defining the conditions for the tenant to vacate the residential premises he occupies during major repairs and provide him with another housing for this period, as well as the conditions for providing the tenant with previously occupied or other premises after repairs, significantly increase the level of legal guarantees established for residential tenants premises

In accordance with paragraph 13 of the Resolution of the Plenum of the Supreme Court of the RSFSR dated December 26, 1984 No. 5, when resolving disputes about eviction from occupied residential premises during a major renovation of a house, it is necessary to find out whether the provided residential premises are located in the same locality and whether it is suitable for the accommodation of evicted citizens, taking into account their age, health status, other noteworthy interests, as well as the duration of major repairs

The Housing Code of the Russian Federation does not contain such a provision. It seems necessary to clarify the issue of paying for housing in the current situation<8>, bearing in mind the provisions of Part 11 of Art. 155 LCD of the Russian Federation. It would be advisable to use the position of the mentioned Article 82 of the RSFSR Housing Code.
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<8>It is necessary to take into account the presence of two residential tenancy agreements: a social tenancy agreement for residential premises; rental agreement for residential premises of a flexible fund, which is not taken into account as an exception in Art. 99 of the Code.

The flexible housing stock is not an independent type of housing stock; residential premises in houses of a flexible stock belong to the specialized housing stock (see Article 92 of the Housing Code of the Russian Federation). Therefore, in addition to the special norms of the Code that determine the purpose of residential premises in houses of a flexible housing stock (Article 95 of the Housing Code of the Russian Federation), general rules that apply to all objects of specialized housing stock (Articles 92, 99 103) also apply to this type of residential premises Residential complex of the Russian Federation).
Residential premises of the flexible fund are considered as temporary housing, provided until the citizen receives (purchase) other housing or until the circumstances preventing the use of his existing residential premises disappear, or other circumstances occur with which the legislator associates the termination of the rental agreement for the residential premises of the flexible fund.
In turn, part 2 of Art. 106 of the Housing Code of the Russian Federation determines the terms for concluding a lease agreement for residential premises of a flexible stock. Such an agreement is concluded for the period until the completion of major repairs or reconstruction of the house; for the period until the completion of settlements with citizens whose only residential premises became unsuitable as a result of emergency circumstances or until the provision of residential premises of the state or municipal housing stock to them.
The Russian Federation does not establish any time limits for the use of residential complexes. In this regard, there may be some uncertainty as to what period of residence should be considered temporary. The lack of a term limit is probably no coincidence. In some situations it is difficult to establish such a period. For example, it is difficult to determine during what period persons who lost it during a natural disaster, etc., can be provided with housing. Establishing a maximum period would make it possible to deprive citizens of housing even in the presence of circumstances that give the right to use residential premises from the flexible fund. This would be unfair, since in most cases the length of stay in the residential premises of a flexible housing facility depends not on the tenant, but on third parties, for example, during major repairs of residential premises occupied under a social tenancy agreement.
A negative consequence of the absence of a limitation on the period of use of flexible housing is that citizens can spend a long time in residential premises that, in terms of amenities, do not meet the requirements for residential premises suitable for permanent residence.
Residential premises of the flexible stock are provided not within the total area of ​​housing established for social tenancy agreements, but on the basis of at least six square meters of living space per person (Article 106 of the Housing Code of the Russian Federation).
The premises of the maneuverable fund are provided not only in cases where citizens are left without housing due to circumstances beyond their control, but if this is the result of their actions (inaction). Thus, housing is provided from the flexible fund in the event of foreclosure on the residential premises pledged as security for a loan or a targeted loan for the purchase of housing.
It should be noted that the loss of housing by a citizen does not always entail the obligation of the relevant state and local authorities to provide him with housing from the flexible fund. In particular, housing from the maneuver fund is not provided when a member of a housing cooperative who was expelled from the cooperative and has not paid the share contribution in full by that time is evicted from the residential premises. He is given only two preferential months, during which he himself takes care of obtaining housing for further residence (Article 133 of the Housing Code of the Russian Federation). It also provides only for the possibility of the court granting a deferment of execution of a court decision in the event of early termination by the landlord of a residential lease agreement (Article 687 of the Civil Code of the Russian Federation).
Residential premises of the flexible stock should not be used to provide housing for persons who, in accordance with the Housing Code of the Russian Federation, are subject to eviction with the provision of other residential premises. The impossibility of using housing from the flexible stock is determined in these cases by the need to provide other housing not for a temporary period, but for permanent residence. In addition, when evicting citizens who occupied residential premises under a social tenancy agreement and who have the right to be provided with other comfortable residential premises, there are no extraordinary or unforeseen circumstances that would prevent tenants from providing residential premises from the social use fund.
Houses destined for major repairs remain standing for years after the residents have moved out. Due to the lack of government funding, part of the housing stock is deteriorating and gradually collapsing. This applies to houses built in the late 19th and early 20th centuries, block houses built in the 60s and 70s, etc. In general, the depreciation of the housing stock in Russia is about 20%, and in certain regions and cities it is even higher. The reasons for the sharp decline in housing construction and major renovations in Russia, in our opinion, primarily include a decrease in budget funding and the privatization of construction organizations that found themselves in an economically and legally unfavorable environment.
The housing provided for the duration of such repairs, usually belonging to the flexible housing stock, must meet sanitary and technical requirements. All moves of the tenant and his family members, both from the residential premises they occupy to another residential area and back, are carried out by the landlord at his expense. During the period of residence of the tenant in connection with major repairs in another residential premises, he pays rent only for the premises provided to him for the duration of the repairs.
Resolution of the Cabinet of Ministers of the Republic of Bashkortostan dated October 8, 2002 N 299 “On approval of temporary regulations on the procedure for relocating citizens from residential premises in cases of major repairs, reconstruction of residential buildings, conversion of residential premises into non-residential ones, demolition of residential buildings unsuitable for permanent residence in the Republic of Bashkortostan » Art. 4 defines the Procedure for relocating citizens to residential premises of a flexible housing stock.
According to the above Resolution, clause 4.1, flexible housing stock a set of residential premises intended for temporary provision to citizens for the period of major repairs, reconstruction, as well as, if necessary, urgent resettlement of citizens from dilapidated houses, houses threatening collapse, in cases of natural disasters and under other emergency circumstances.
The flexible housing stock may include residential premises belonging to any form of ownership and suitable for living.
A flexible housing stock is created by decision of the owner of the relevant housing stock or a person authorized by him.
Clause 4.2 of the above Resolution: the basis for the relocation of citizens to residential premises of a mobile housing stock is an agreement on relocation to a residential premises of a mobile housing stock, concluded between citizens and the person carrying out the resettlement.
Residential premises of flexible housing stock are provided within the limits of the living space standard determined by housing legislation.
Temporary changes in living conditions associated with relocation to a flexible housing stock are compensated to citizens through the modernization of engineering equipment, insulation of external enclosing structures and (or) other measures to improve the quality of the vacated housing. The scope of compensation work for major repairs and reconstruction is determined by the design documentation for major repairs and reconstruction of residential premises (clause 4.3 of the Resolution).
In paragraph 4.5 of the Resolution, the period for renting residential premises of a flexible housing stock is established by the lease agreement for the period of major repairs and reconstruction.
Upon expiration of the lease agreement, in the event of non-completion of major repairs or reconstruction, the lease agreement is extended under the same conditions for the period necessary to complete the major repairs or reconstruction.
Relocation of citizens from residential premises of a mobile housing stock to previously occupied residential premises is carried out after citizens receive written notification from the person carrying out the resettlement about the possibility of returning citizens to previously occupied residential premises (clause 4.8 of the Resolution)
It is necessary to pay attention to the fact that the flexible housing stock may include both multi-apartment residential buildings as a whole and individual residential premises in them or other buildings.
Disputes regarding the relocation of citizens to residential premises of a mobile housing stock and return to previously occupied residential premises are resolved in court.

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Commentary on Article 106

1. The commented article establishes the norm for the provision of residential premises of the maneuverable fund (Part 1), as well as the terms for which residential premises of the maneuverable fund are provided (Part 2).
In accordance with paragraph 4 of Art. 95 of the Housing Code and clause 4 of part 2 of the commented article, the legislation may also provide for other cases of provision of residential premises of a maneuverable stock (hereinafter referred to as maneuverable premises), in addition to those listed in part 2 of the comment. Art.
2. In accordance with clause 1, part 2, comment. Art. and part 1 art. 88, paragraph 1, art. 95 of the Housing Code, in the event of a major renovation of the house in which the premises are located, occupied under a social tenancy agreement, the landlord is obliged to provide the tenant and members of his family with maneuverable premises.
The literature discusses the question of whether maneuverable premises should be provided in cases where a citizen occupies residential premises under a commercial lease agreement and the house in which this premises is located is subject to major repairs?
L.Yu. Grudtsyna believes that “the residential premises of the flexible fund are intended for the temporary residence of citizens in connection with the major repairs of the residential premises they occupy under a rental agreement or lease agreement and in other cases provided for by law” (Grudtsyna L.Yu. Housing Law of Russia: Textbook / Under ed. N.M. Korshunova. M., 2005. P. 279).
We believe that we cannot agree with this position. Firstly, within the meaning of the norms of Ch. 35 of the Civil Code of the Russian Federation, residential premises are transferred to citizens only on the basis of a rental agreement, but not a lease. Secondly, flexible premises belong to the state or municipal housing stock. It is not entirely justified to impose on public authorities the obligation to provide flexible premises, which are state or municipal property, to those who occupied residential premises under a commercial lease agreement and whose premises have undergone major renovations.
E.A. Shipunova also takes the position that residential premises of a maneuverable fund cannot be provided to citizens who occupy premises under a commercial lease agreement (see: Shipunova E. Housing legal relationship for the rental of residential premises of a maneuverable fund // Housing Law. 2010. N 5. P. 109 - 110).
3. Neither paragraph 1 part 2 comments. Art., nor other norms of the Housing Code impose on anyone the obligation to provide maneuverable premises to the owner of a residential premises located in a house subject to major repairs or reconstruction.
In the literature on the question of whether the owner should be provided with maneuverable premises in this case, one can find the following points of view:
- flexible premises should be provided to the owners of privatized apartments, since they cannot be placed in a worse position compared to citizens occupying premises under a social tenancy agreement (see: Tolstoy Y.K. Housing Law: Textbook. M., 2011. P . 100 - 101);
- mobile premises should be provided to citizens (owners) who lost their living quarters due to circumstances that arose before the transfer of these premises into their ownership from the state or municipal housing stock, if such residential premises are the only ones for them (see: Shipunova E. Housing legal relationship for hire residential premises of the maneuverable fund // Housing Law. 2010. N 5. P. 112).
We believe that additional guarantees for owners of residential premises in a house that is subject to major repairs or reconstruction can be established at the legislative level. With a literal interpretation of the housing code norms, one can come to the conclusion that there is no obligation to provide owners with maneuverable premises.
4. In the case of provision of maneuverable premises before the completion of major repairs of the house in which the premises occupied under a social tenancy agreement are located, a rental agreement for maneuverable premises is concluded in relation to the provided premises (Part 1 of Commentary Article). In this case, the social tenancy agreement is not terminated (Part 1, Article 88 of the Housing Code). Yu.K. Tolstoy points out that in this case there is a “suspension of the social tenancy agreement” (Tolstoy Yu.K. Housing Law: Textbook. M., 2011. P. 159).
Thus, during the period of major repairs, a citizen is a party to two contracts simultaneously: a social rental contract and a contract for the rental of flexible premises. The question arises: should such a citizen fulfill all his obligations under both agreements or only under one of them. In particular, we are talking about the obligation to pay for housing and utilities.
In part 4 art. 82 of the previously existing Housing Code of the RSFSR, it was provided that during the period of residence of the tenant in connection with major repairs in another residential premises, he pays rent only for the premises that were provided to him for the duration of the repairs. The current LC does not contain a similar norm.
Many authors quite correctly point out that, despite this, the employer in any case must pay only for the maneuvering space provided to him. Utilities must also be paid at the point of consumption. Utilities in relation to premises that were provided under a social tenancy agreement and subsequently replaced due to major repairs by a flexible premises should not be paid by the tenant (see: Shipunova E. Housing legal relationship for the rental of residential premises of a mobile building // Housing Law. 2010 . N 5. P. 120).
Yu.K. Tolstoy writes that payment should be made only for maneuverable premises, but not for the premises that the tenant previously occupied under a social tenancy agreement (see: Tolstoy Yu.K. Housing Law: Textbook. M., 2011. P. 157).
To be fair, it should be noted that L.Yu. Grudtsyna takes a different position and points out that “citizens living in houses of a flexible stock pay for the occupied residential premises and utilities, if such payment is not made for the premises being repaired” (Grudtsyna L.Yu. Housing Law of Russia: Textbook / Ed. N M. Korshunova. M., 2005. P. 279).
It is difficult to agree with this position. Often, the area of ​​the provided flexible space is smaller than the space that the tenant occupied under a social tenancy agreement. Thus, the employer will pay for an area larger than he occupies, which is not logical.

Housing Code of the Russian Federation in stat. 92 classifies residential premises of a flexible stock as specialized housing; the law puts forward certain requirements for this type of premises. Flexible housing is allocated to citizens from the state fund or, in some possible cases, municipal housing. To obtain the right to use the premises of a maneuverable fund, you must have the grounds established by law and a status that allows you to obtain housing for use. The use of housing as a maneuverable housing is possible only under certain conditions of the legal assignment of the premises to the maneuverable fund; the authorities that manage the maneuverable fund are authorized to transfer buildings to the maneuverable fund or exclude them from it.

The concept of “maneuverable fund”

One of the main features of such buildings is their completely legal classification as specialized residential premises. The residential premises of the flexible fund are intended for the residence of citizens for a certain period of time; people receive the right to use residential premises if there are grounds established by Article 95 of the Housing Code of the Russian Federation and documentary and legal confirmation of these grounds.

Like any building whose purpose is to accommodate people, a “maneuverable house” must meet all safety requirements and be regularly inspected for damage, breakdowns, and malfunctions. They can threaten the life and health of citizens.

Subjects of a housing rental agreement in a flexible fund

The Housing Code in Article 95 defines the categories of persons entitled to apply for flexible housing. However, this list cannot be called completely complete. Paragraph. 4 of this article of the law, on the basis of documents, determines that residential premises of the maneuverable fund in some cases are provided to other persons. For example, military personnel and their families, upon arriving at a new duty station, and before receiving housing of a different category, can legally move into a maneuver fund. The lessor under the agreement is the owner of the premises of the flexible fund, or the owner’s representative, performing activities to provide housing on the grounds given to him by law.

It will not be enough to competently draw up a statement in any form and stop living in the premises. How to draw up an agreement is fully spelled out in the current rules and regulations, which must be fully taken into account when considering this issue in more detail. In order to answer it as accurately as possible and with full consideration of the current rules and regulations of the law, we recommend contacting a law office where highly qualified and experienced legal professionals.

People living in Russia are wondering whether housing is flexible; in order to answer it correctly, they will need to study in as much detail as possible the norms and rules of the current laws, because this point is of primary importance and must be fully taken into account. In another case, it is possible to seek advice from a legal office where qualified and experienced specialists work. They will help to significantly save time and money to fully clarify the issues that have arisen.

Features of norms and rules of legislation

And also, they will provide the most effective assistance, which will greatly help save money and money in case of difficulties. If you don’t know what flexible housing is, then seek qualified help from an experienced lawyer who can give you the necessary advice as quickly as possible and competently. In some cases, this is of paramount importance and allows you to win a court case. Professional assistance from a qualified and competent lawyer is very important, and this fact must be fully understood and taken into account as strictly as possible in the correct approach to the current situation.

This approach will provide you with a reliable solution to existing problems and will significantly save time and money, which is very important. An important issue for a large number of citizens, obtaining housing from a flexible fund, it will be necessary to consider the norms of laws, as well as various rules. These points must be taken into account if you want to carry out this kind of action as quickly and competently as possible. To optimally resolve such issues, many experts recommend seeking highly qualified assistance from an experienced legal professional who can provide timely assistance.

In such a situation, interruption of the lease is permissible at any time. These issues affect how the termination of a residential tenancy agreement will be carried out. If you do not know how to obtain housing from a flexible fund, then take advantage of this excellent opportunity to visit a law office where competent and highly qualified lawyers work who can provide assistance with all your questions. These recommendations should be taken into account if you plan to understand this issue as correctly and quickly as possible. In addition, qualified and timely assistance will help you fully defend your legal rights when applying to the judicial authorities of our country.

Who can afford such housing?

Citizens often have questions related to the fact that they do not know who is providing flexible housing, then in such cases it is necessary to obtain competent advice. By seeking qualified and timely advice from a law office with experienced lawyers, you significantly increase your chances that your case in court will be considered in the best way for you.

According to the terms, he must notify the lessor of such plans to terminate the contract at least two months before the intended termination of the agreement. In certain cases, problems may arise when you do not know who is providing flexible housing, then the best and surest option would be to get competent advice from an experienced lawyer who has the necessary information and work experience.

If you are interested in such an important question, what is a contract, then the best and surest option would be to seek the highly qualified help of a competent lawyer who has the necessary knowledge and, very importantly, experience in this area.

If the tenant lives not alone, but with his loved ones, then they will need to give their consent in the prescribed form to terminate the rental agreement. If you have questions and difficulties and you do not know the cases for flexible housing, then seek highly qualified help from an experienced lawyer who will always help you. He is able to give competent advice and answer all your questions, which will help save time and money.

How to quickly get housing

Then you will need to understand that the conversation is about private residential premises for rent. The official termination of a rental agreement can be considered a complex task that requires going to court. In some certain cases, citizens do not know the cases for flexible housing. In such cases, the best way would be to use the help of a lawyer who will help you fill out official documents in full compliance with applicable laws.

Considering this issue in as much detail as possible, it should be said about the rights that a citizen has, this is an appeal to the court to recognize the rights of the employer as lost. If you have any difficulties and do not know how to draw up an agreement, then you will need to seek legal advice from experienced and qualified lawyers who are engaged in this activity.

This important fact must be taken into account and fully understood in order to resolve issues of this kind. In this case, it is necessary to confirm in court that the family of the tenant, or whether he himself is using a certain premises for other than its intended purpose, or is deliberately destroying it. When you have difficulties with the fact that you do not have information about where to go to get flexible housing for living, then take advantage of the best option and contact a competent and experienced lawyer.

In such scenarios, another housing must be allocated that will meet the requirement, where is the previous one that was provided before. When answering a frequent question about how a contract can be terminated and housing taken away, it will be necessary to take into account the rules and regulations of the laws of our country. Occasionally, premises may be provided in other areas, but only on the condition that the employer and his relatives have expressed their consent.

A pre-drafted agreement with the state or local government authorities on the rental of housing may be canceled in exceptional circumstances established by law. Many citizens in our country are interested in the question of what a contract is. If there are claims from neighbors, he has the full and legal right to refuse to fulfill the transaction in the future.

To know exactly where a social tenancy agreement is drawn up, you will need to undergo a consultation at a law office where highly qualified and experienced lawyers operate. If the tenant does not make payments within six months, then there is a real danger of termination of the contract and rights to the premises.

Legal grounds are the only permissible grounds for eviction. According to the law, it is permissible to terminate a residential rental agreement if changes affect the subject of the agreement. People very often have problems with the fact that people do not know where to go to get flexible housing for living, then the help of a highly qualified lawyer will be mandatory in its essence. This will allow you to prepare all documents and certificates in full compliance with the current law of the country.

Such a situation also includes facts when residents do not comply with the rules of the hostel and neglect order. When there are questions and various kinds of difficulties relating to issues where a social tenancy agreement is drawn up, then consulting a competent lawyer to solve this problem will be the most optimal and modern choice that will help to fully answer this question.

It is known that the main rights of the landlord are the rights to purchase rent for the premises and the provided utilities. Termination of rental contracts for residential premises associated with the replacement of residential premises. Social contracts hiring may cease to be done as a result of providing the tenant with other housing.

The law specifies documents that also give owners the right to evict tenants if the building requires repairs, or the building is planned to be demolished, or it will be transferred to non-residential use. Many people ask what grounds exist for terminating a contract. To answer it, you need to turn to the law or to a competent legal professional who will provide qualified assistance.

This important fact must be taken into account and fully understood in order to resolve issues of this kind. Also, according to the definition of the law, the tenant can be evicted in the event of repairs and redevelopment, if this has led to a change in the housing composition: it increases or decreases, and the area of ​​the property exceeds the norm of square meters per person and, on the contrary, the area decreases, reaching a shortage.

When difficulties arise and you do not know how to draw up an agreement, then you will need to seek legal advice from experienced and qualified lawyers who are engaged in this activity. It is imperative to remember and fully understand that it is permissible under the current law to evict a tenant and by a court decision if he has not paid for his stay in the apartment for six months, without having any valid reasons, but such a citizen will be provided with another home.

The number of allocated square meters will be calculated based on the standards that are used when moving people into dormitories. It will be important to say that the conclusion of a contractual relationship can be carried out for some reasons, as in the previous case, that is, one of the parties can act as the initiator, or for reasons independent of the dreams of the participants in the transaction.

To understand and know how a contract can be terminated and housing taken away, seek highly qualified assistance from an experienced legal professional who can provide the necessary recommendations and advice on this and many other issues.

Important! For all questions about flexible housing, if you don’t know what to do and where to go:

Call 8-800-777-32-63.

Or you can ask a question in any pop-up window, so that a lawyer on your question can answer and advise you as quickly as possible.

Lawyers for flexible fund and housing, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in this matter and advise you on all issues of interest.