Low-income owners of housing that has been declared unfit for habitation have the right to receive other housing without a queue under a social tenancy agreement. This is stated in the decision of the Constitutional Court of the Russian Federation.
The Constitutional Court considered three complaints concerning the recognition of those citizens who were not included in the regional targeted program for resettlement from the dilapidated housing stock as those in need of housing.
“In conjunction with each other and other normative provisions, the challenged norms of Art. 32 and 57 of the Housing Code of the Russian Federation in practice allow the provision of residential premises out of turn in situations similar to the applicants, only on the condition that poor citizens occupy the premises on the basis of a social tenancy agreement, and the owners are denied. At the same time, there are no other effective mechanisms to meet their housing needs,” the document says.
The court concluded that Art. 32 and 57 of the Housing Code, which regulate the procedure for providing housing to those in need, do not form a single systemic mechanism for ensuring their interests.
“The contested norms conflict with the constitutional guarantees of the dignity of the individual, with the principles of equality, fairness and proportionality of restrictions on rights and freedoms, do not comply with the Constitution of the Russian Federation and are subject to change by the legislator,” the press service of the Constitutional Court says. He also ordered the authorities of the Russian Federation to amend the current legislation.
The cases of the complainants were sent back for a new trial.
At the same time, the Constitutional Court pointed out that before amendments are made to the current legislation, the owners of the only residential premises recognized as unfit for habitation are supposed to be provided with comfortable residential premises, equivalent in area to those previously occupied, out of turn. New housing should be provided to them under a social lease agreement, subject to all conditions: citizens are recognized as poor and are registered as needing housing; the housing rights of these citizens are not exercised within the framework of the regional targeted program for resettlement from the dilapidated housing stock.
Source: Rosbalt
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