Removed from the queue for housing, how to recover: what to do, reasons and grounds, judicial practice

   Getting back on the waiting list for housing is not an easy matter. Therefore, it is not surprising that many people are interested in the question: what to do if you are removed from the housing queue?

   Our lawyer will help you carry out the procedure: professionally, on favorable terms and on time.

Restoration in line for improved housing conditions

   If you suspect that there are no grounds for this, then first of all you need to seek help from a lawyer so that he can assess the possibility of restoration, and also if there is a need to resolve the issue in court.

Consulting a lawyer on housing issues in our legal education will help.

A lawyer is able to analyze everything not only from the point of view of the law, but also from his personal professional experience, and will be able to suggest what the chances are for a successful solution to the problem that has arisen.

1. lack of grounds for providing free living space;
2. a person has moved for permanent residence to another country or locality (circumstances often become known after receiving a complaint against neighbors to the administration, which indicates non-compliance with housing rights on the part of the culprit);
3. the person was provided with financial assistance (in this case, removal from the queue for housing is carried out automatically);
4. the applicant provided incorrect information about himself;
5. conscious deterioration in some way of their living conditions was revealed (housing was sold, a minor child was discharged from an apartment to nowhere, etc.);
6. other reasons

   Today there are two main cases when such a need arises as restoration in the queue for improving housing conditions. This is necessary if a person has been unlawfully deprived of his right, as well as in case of refusal to exercise it without justified reasons. Any actions can be appealed if they are illegal.

Statement of claim for reinstatement in the queue for housing

   If a person is removed from the queue for free housing without explanation and without significant grounds, he should contact the supervisory and judicial protection authorities. To do this, you should file a claim for reinstatement in the queue for improved housing conditions.

   Before going to court, it is important to follow the pre-trial procedure for resolving the issue in order to fully understand the reasons for removal from the queue. In this case, the organization that registers those in need is obliged to provide a written refusal, which will indicate all the reasons. So be sure to take into account the information we provide.

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Sample statement of claim for reinstatement in the queue for housing

• To the Berezovsky City Court
• Sverdlovsk region
• PLAINTIFF:
• WITH.
• RESPONDENT:
• Administration
• Berezovsky urban district
• THIRD PARTIES:
• Statement of claim
• on recognition as in need of improved housing conditions and challenging removal from the waiting list

   I was on the line of those in need of improved living conditions.

By letter No. 1524, the defendant expressed consent to provide me with living quarters. After collecting and submitting certificates on my part to the defendant, a resolution was issued by the head of the administration of the Berezovsky urban district “On removing me from the register of those in need of improved housing conditions.”

   The basis for deregistering me as in need of improved housing conditions was the fact that, in the defendant’s opinion, the total income per family member is greater than the established income threshold.

    I do not agree with the appealed Resolution of the head of the administration of the Berezovsky urban district “On removing me from the register of those in need of improved housing conditions”, I consider it unfounded for the following circumstances:

   When determining the total income attributable to each family member, the defendant did not clarify the income of all members of my family; only my income and the income of my minor child were taken into account. At the same time, according to the submitted certificate from the place of residence, the composition of my family is much wider than two people.

    By virtue of Part 2 of Article 49 of the Housing Code of the Russian Federation, low-income citizens recognized on the grounds established by this Code as needing residential premises provided under social tenancy agreements are provided with residential premises of the municipal housing stock under social tenancy agreements in the manner established by this Code. For the purposes of this Code, low-income citizens are citizens if they are recognized as such by a local government body in the manner established by the law of the relevant constituent entity of the Russian Federation, taking into account the income per family member and the value of property owned by family members and subject to taxation.

   By virtue of parts 2-3 of Article 52 of this Code, the categories of citizens specified in Article 49 of this Code who may be recognized as needing residential premises have the right to be registered as those in need of residential premises.

If a citizen has the right to be registered on several grounds (as a low-income citizen and as belonging to a category defined by federal law or the law of a constituent entity of the Russian Federation), at his choice, such a citizen can be registered on one of these grounds or on all grounds.

    According to Part 1 of Art. 69 of the Housing Code of the Russian Federation, family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant.

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   I have submitted certificates about the composition of my family; the fact that we all live together in an apartment is confirmed by registration in this residential premises.

   By virtue of the provisions of Article 40 of the Constitution of the Russian Federation, everyone has the right to housing. No one can be arbitrarily deprived of their home.

1.    The adoption of a court decision on my application will ensure the protection of the interests of citizens and the state protected by law, and will also contribute to the implementation of my housing rights.
2.    Based on the above and guided by current legislation
3. ASK:

• recognize my right to be registered as needing improved housing conditions;
• oblige the defendant to eliminate the violation of my housing rights by restoring me to the housing register in the previous queue, reopening the registration file.

Date, signature

Help from a lawyer in getting back in line

   In our country there is a law according to which some people have the right to receive free housing from the state or various enterprises and organizations.

To realize this opportunity, you must submit an application to a special body that provides such housing to citizens.

But a few years ago, a problem arose regarding removal from the queue for improved housing conditions (more information about the queue for housing at the link).

   Our housing law lawyer has repeatedly participated in processes to protect the right to housing:

• proved that the opinion of municipal authorities regarding the deliberate deterioration of housing conditions was far-fetched;
• justified before the court the forced life situation that was the reason for the possible move;
• In addition, during the process of the case, often recognizing citizens as members of the same family helped resolve the situation positively for the plaintiff.

• We are ready to help solve your problem today.
• Read more about the work of our housing lawyer:
• The procedure for repossessing residential premises by purchasing with us will be beneficial for you
• All about recalculation of utility bills in case of temporary absence follow the link

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Have you been taken off the waiting list for housing? We will restore! — YOUR LAWYERS.RF

1. If you have a question about how to restore the housing queue, please read this page carefully. It is possible that the answer is already there, in the text of the article or in the comments.

2. Ask your question for free by phone or in the comments about what needs to be done to restore the queue for housing through the court;

3. Prepare all the materials on the case of restoring the waiting list for housing (documents related to this issue) and, based on them, find out the judicial perspective;

4. You will have to develop a strategy to protect your rights in order to prove the fact of illegal removal from the housing queue and determine in what order to go to court;

5. Don't put off solving this problem. You may miss the deadline for going to court (the statute of limitations) with an application to restore the housing queue, but it is very difficult to restore it.

6. Prepare an application to recognize the order to remove from the queue as illegal and submit it to the court;

7. Actively participate in the legal process to restore the housing queue and protect your rights.

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Lawyer Belolipskaya I.A.

“You weren’t standing here!” - a familiar phrase, isn’t it? It was the most common in queues during the shortage period. However, with the disappearance of the era of shortages, the queues did not disappear, and this is what we will talk about, perhaps the most exciting queue for legitimate square meters of housing.

Receive a copy of the order to remove from the queue, collect other documents and submit an application to the court.

So, you have been taken off the housing queue!

Recently, cases of citizens being removed from housing registration have become more frequent; in other words, they have been “removed from the queue for housing...”.

Once upon a time (already in the last century!) one citizen and his family were put on a waiting list for improved housing conditions, or, simply put, on a waiting list for housing.

The citizen was delighted, he was standing in line, he brought the necessary documents upon request, he raised his children, he waited for an apartment for 10 years, 15 years, 20 years... How long can I wait, the citizen thinks, I’ll go and find out if my turn for housing will come soon. He still doesn’t know that he was taken off the housing queue!  

Our citizen comes to the City Property Department and finds out that he has been removed from the queue because the grounds for his being on the housing register have disappeared. So his family will have to continue living in a communal apartment. So what if there are 7 people in one room.

As Nekrasov figuratively writes:

And they went, they were scorched by the sun, Repeating: “God judge him!” 

throwing up his hands hopelessly...

This is how our citizens go...

But we won't follow them. We will go to court and file a corresponding statement of claim. And we will have the opportunity to be reinstated in the housing queue. If we find reasons for this.

• First, you must receive a written order to be removed from the queue for housing (if you did not receive this order by mail). Such orders in Moscow are currently issued by the Moscow City Property Department. You must contact the Department with an application, after which you should be given a copy of the order within 10 days.
• Secondly, we are drawing up a statement of claim to the court, in which we ask that the above-mentioned order be declared illegal and oblige the Department to reinstate you in the queue for housing.
• Thirdly, we submit a prepared statement of claim to the court to protect our violated rights.

From the moment a citizen receives an order that he has been removed from the housing queue , he has the right to appeal it to the court in the manner prescribed by law.

We are inviting the City Property Department of the City of Moscow (for Moscow) to participate in the case as a defendant. 

The limitation period is 3 years. However, you should not wait this time; go to court as soon as you find out that you have been removed from the queue for housing.

• Often the reasons for removal from the housing queue are far-fetched, which is why the courts recognize orders to remove from the housing queue as illegal.
• If the court finds the order to remove you from the housing queue to be illegal, then with the received court decision that has entered into legal force, you need to go to the body that issued this illegal order and restore the housing queue.
• The citizen will be reinstated on the housing register (in the queue for housing) from the date of his initial registration.

If 3 months are missed, what should I do?

They removed me from the queue without notifying me of this, neither in writing nor verbally. I found out about this after much more than 3 months.

It is necessary to go to court in the manner of claim proceedings, which is provided for by the Civil Procedure Code of the Russian Federation. The limitation period is 3 years.

At least once a year, find out how your queue is moving there, to see if there are any unpleasant surprises!

Does it happen that it was removed legally and is there a chance in this case?

In my practice, there have been cases when removal from the housing queue was legal. For example:

• Change of place of residence - if you have moved permanently to another city or region;
• Purchasing housing, receiving housing by gift or inheritance, if as a result of this, the persons in line became provided with housing according to the provision rate;
• When transferring subsidies for the purchase of housing in the prescribed manner.  

In these cases, it is unlikely that you will be able to restore the housing queue, but it is better to consult with an experienced lawyer or lawyer. On your own, you may not be able to understand the issue of legality/illegality of removal from the housing queue.

The main stages of protecting your rights in restoring the queue for housing

Preparation of documents You will need the following documents:

• Order to remove from the queue (it comes by mail, or you receive it from the Department);
• Notice of housing registration (given to you when you were put on the waiting list);
• An extract from the house register, a copy of the financial and personal account, a single housing document (obtain from the MFC);
• Documents for the apartment (social tenancy agreement or certificate of ownership);
• Receipt for payment of the state duty (see paragraph 7, paragraph 1, article 333.19 of the Tax Code of the Russian Federation)  

Preparing and submitting an application to the court

Prepare and submit an application to the court. To do this, use the sample on our website and instructions for preparing and submitting an application and draw it up yourself, or seek help from a lawyer.

Trial.

After the court has accepted your application, go to court at every hearing and defend your rights. Or contact a lawyer for help.

Sample documents for restoring the queue for housing

Sample documents are provided for reference. You are responsible for completing and using them yourself.

Application for declaring an order illegal

Summary. Still on the fence?

As my practice shows, citizens are often removed from the housing queue without sufficient grounds, that is, illegally. However, in this situation, there is no need to write complaints about being removed from the queue for housing to the mayor’s office, the government, the president personally on Twitter, or to any human rights organizations.

From experience, this is a waste of time. Receive an unsubscribe, at best a ghostly hope, but most importantly: you will miss the deadline for appealing the order to be removed from the housing queue in court and miss the opportunity to protect your rights, sometimes completely. And the fact that you have been removed from the queue for housing will become a harsh reality.

First, consult with a lawyer or lawyer and tell him about the nuances of your problem and the sooner the better.

On May 15, 2018, in the Presnensky District Court of Moscow, it was possible to obtain the cancellation of the order of the City Property Department to remove a family of four from the housing register.

In November 2017, by order of the Moscow City Department of State Inspection, they were removed from the housing register. The DGI considered that taking into account the residential premises allocated to those members of the applicants’ family who are not on the housing register, the family is provided with housing at the rate of 18 sq.m. per person, in connection with which he issued an appropriate order.

1. The applicants did not agree with the order, so they decided to use a lawyer.
2. They turned to me.
3. After analyzing the available documents and relevant judicial practice, a statement of claim was prepared to recognize the order to remove the person from the housing queue as illegal and to restore him to the housing register.
4. At the court hearing, we supported the stated demands and asked to satisfy them.
5. The court listened to our position, studied the materials of the requested accounting file and satisfied the stated requirements in full.

Published 04/19/2011 - “Removed from the queue for housing? We will restore!”

© vashiuryristy.rf | Popular periodic newsletter “A practicing lawyer recommends on Tuesdays...”

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Sun explained to officials who should not be removed from the housing register

The Supreme Court made an important decision regarding the notorious housing queue for beneficiaries. It gives great hope to those whom officials are trying to exclude from those waiting for a roof over their heads.

The longest queues in our country are queues to get an apartment. The wait for a state apartment for our citizens is stretched out not even for years, but for decades. The changes that have taken place in the country have seriously reduced the number of people on the waiting list—those who have the right to receive free housing from the state. But they didn’t reduce the deadlines; they are still huge.

Today, according to experts, more than a million people in the country are waiting for the coveted square meters. In some regions the queue is longer, in others shorter, but it lasts for years for everyone.

For our citizens included in such lists, losing their place in line is a real tragedy. The verdict of the Supreme Court, which considered the complaint of a woman removed from the waiting list, explained to lower courts and officials who should not be deprived of a place in the queue.

This story about a place in the housing queue began with a trial. A resident of the capital filed a claim with the district court against the prefecture of the Eastern District of Moscow. The woman asked the court to force officials to restore her registration file and return her to the queue for improved housing conditions.

She and her daughter were placed in this queue by a decision of local authorities back in 1980. A Muscovite and her child were recognized as in need of improved living conditions due to the fact that the two of them huddled together in one room of a two-room communal apartment, where conditions were, to put it mildly, poor.

While decades of waiting dragged on for this small family, the girl grew up, finished school, went to work and got married. Officials reacted to this joyful event almost instantly and in a very unique way - by order of the prefect, the family was immediately removed from the register to improve their living conditions.

The officials explained their step to the woman simply - the girl got married, and her young husband has a three-room apartment where he is registered with his parents. There, judging by the square meters, there is enough space for everyone, including the young wife. Well, the person on the waiting list, who now lives alone in the room, can no longer count on improvement, since her square meters are in complete order.

However, the Supreme Court categorically disagreed with such verdicts. So how did the Supreme Court reason? The court found that the young husband never moved into his mother-in-law’s room and did not lay claim to her housing. He is registered in his parents’ apartment, which, by the way, belongs to them as property. Therefore, even after marriage, he did not acquire any rights to his mother-in-law’s room.

The daughter of the waiter found herself in the same situation. She, as the Supreme Court emphasized, did not move into her husband’s parents’ own apartment, did not acquire the right to use someone else’s square meters, but continued to use the housing, the tenant of which is her mother.

The young people, as the court emphasized, took advantage of their legal right to choose their place of residence, which is written in the Family Code, and each remained to live at their previous place of residence.

Based on this, the plaintiff’s daughter did not become a member of her husband’s family, and her husband did not legally become a member of the family of the tenant of the room in the communal apartment.

From this, the Supreme Court concluded that the Muscovite’s living conditions did not change after the employer’s daughter got married. Therefore, she was unreasonably removed from the housing register.

Having finished analyzing this case, the Judicial Collegium for Civil Cases of the Supreme Court took another very important step.

He overturned the verdicts of the district and city courts and made a new decision, which satisfied all the demands made by the Muscovite.

• (Definition of the Judicial Collegium of the Supreme Court of the Russian Federation No. 5-B11-59)
• dossier "RG"
• The right to housing for citizens of the Russian Federation is guaranteed by Article 40 of the Russian Constitution.

A prerequisite for obtaining the right to a free apartment is the recognition of citizens as low-income and in need of housing. According to Article 51 of the Housing Code, those in need are citizens who do not have housing at all or who are provided with a total area per person that is less than the accounting norm.

Also among those in need are those citizens whose housing is recognized as unfit for habitation.

Those living in an apartment occupied by several families also fall into this category, if the family has a patient suffering from a severe form of a chronic disease, in which living together is impossible, and who do not have other living quarters.

Review of the practice of Moscow courts in disputes regarding the restoration of those on the housing register in 2017 – 2018

Here is a selection of our successfully completed legal disputes on this topic over the past year and a half.

1. When assessing the level of housing security of a family on the waiting list, the housing of the spouse who is not on the waiting list should not be taken into account

The applicant, living with his family in a municipal one-room apartment, applied for legal assistance to restore the housing register, which he had been on since 2004. The Moscow City Property Department removed them from the register, considering the spouse’s three-room apartment privatized by him before marriage.

• We prepared a statement of claim, where we substantiated the absence of the following changes in the living conditions of the family on the waiting list, giving them the right to receive an apartment under a social tenancy agreement:
• — the spouse is not on the housing register with the family on the waiting list;
• - did not move into the apartment of those on the waiting list;
• - none of the family members on the waiting list acquired the rights to his housing;
• — even the spouse did not acquire independent rights to this housing, since that apartment was privatized before marriage.

Disagreeing with these arguments, the representative of the Moscow DGI referred to the fact that since the spouse is a member of the applicant’s family, regardless of the fact that he lives separately (Part 2 of Article 1 of the Moscow Law of June 14, 2006 No. 29), his In any case, housing should be taken into account in the level of housing security of the family on the waiting list.

This conclusion does not correspond to Part 1 of Art. 69 of the Housing Code of the Russian Federation, which classifies only the spouse, children and parents living with him as family members of the tenant of residential premises under a social tenancy agreement.

By the decision of the Presnensky Court of February 6, 2018, the claim was satisfied, by the decision of the Moscow City Court of July 30, 2018, the appeal of the DGI was rejected, and the decision came into force.

1. The housing of other family members who are not on the waiting list should also not be taken into account if none of the people on the waiting list have the right to it.

A family of 8 people on the waiting list, living in a three-room apartment and registered with the housing register since 2004 as three separate families, turned to us for legal assistance.

In 2017, they were removed from the queue as provided with housing according to the provision norm. Officials from the Housing Department included three (!) apartments for their relatives living separately from their families.

We calculated the area of ​​housing for each of the families on the waiting list and came to the conclusion that it was illegal to remove them from the queue and that they had the right to be provided with three separate apartments in Moscow and went to court.

Of the three erroneously recorded apartments of relatives of the family on the waiting list, only the little granddaughter acquired the right to 15 square meters. m of one of the apartments.

However, this is less than the current norm in the capital, even for her alone.

At the court hearing, the representative of the defendant referred to the provisions of the Housing Code of the Russian Federation on preserving the right to be on the housing register only if the family has housing on a waiting list that is less than the registration norm (in Moscow, 10 sq. m).

The court rejected this statement, since the accounting norm for housing area is applied only when accepting housing registration, and when providing housing, the provision norm is taken into account (in Moscow, 18 sq.

m), which the plaintiffs do not have.

1. Those on the waiting list who were registered before 2005 can be removed from it only after they receive an apartment under a social rent agreement according to the provision rate. The housing of relatives (family members of the spouse) of the person on the waiting list should not be taken into account

In 2017, the Moscow City Property Department removed from the housing register a family that had been admitted to it in 1992, due to the residence of the wife of one of those on the waiting list... in the sister’s apartment (?) as being provided with housing... according to the provision rate (?).

This is how the permissiveness of Moscow officials becomes an undisguised mockery.

We contacted the Moscow prosecutor with a statement to initiate a criminal case against DGI officials for arbitrariness and abuse of power, for which an investigation has been ongoing for several months.

They also filed a lawsuit and proved the illegality of recording the housing of a relative of one of the spouses who did not move into the apartment of those on the waiting list, and that marriage did not change the living conditions of the family of those on the waiting list.

The court also agreed with our arguments that the level of housing security is taken into account only when registering housing. In addition, those on the waiting list accepted for housing before March 2005 can be deprived of the right to improve their living conditions only by being provided with an apartment under a social tenancy agreement in accordance with the standards.

By the decision of the Presnensky Court of October 2, 2017, the claim was satisfied, and on February 26, 2018, the Moscow City Court rejected the appeal of the property department.

1. When providing housing, the right of a seriously ill disabled person to additional space is taken into account

We were contacted by a family of residents of a former hostel in Krasnogorsk (mother and son), who in 2008, by a court decision, privatized their occupied one-room apartment with an area of ​​32.3 square meters. m. In 2017, the local administration removed them from the housing register, where they had been since 1995, considering them provided with housing according to the provision rate (16 sq. m x 2).

We prepared a lawsuit and referred to the following circumstances:

— privatization of the apartment did not change the housing security of the family on the waiting list;

- one of the family members, as a disabled person since childhood with a severe chronic illness, has the right to additional housing according to the relevant List (clause 4, part 1, article 51 of the RF Housing Code and part 1, article 17 of the Federal Law “On Social Protection of Disabled Persons in the Russian Federation”) ;

— people on the waiting list cannot be provided with a one-room apartment (part 1 of Article 58 of the Housing Code of the Russian Federation);

— the administration repeatedly missed the deadline of 30 working days to make a decision on deregistration (Part 2 of Article 56 of the Housing Code of the Russian Federation);

— those on the waiting list who were accepted before March 2005 cannot be deregistered due to subsequent changes in living conditions, i.e. without the provision of housing under a social tenancy agreement according to the standards (Article 6 of the Introductory Law to the Housing Code of the Russian Federation).

On February 19, 2018, the Krasnogorsk court rejected the claim, citing compliance with the provision rules and the groundlessness of the listed circumstances.

We prepared an appeal, citing the court's erroneous determination of legally significant circumstances and incorrect application of substantive law.

1. In the level of housing security for families on the waiting list, a village house is not taken into account if it is not residential

By order of the Moscow City Department of State Inspection, a family on the waiting list in 1998 was removed from the housing register due to the ownership of a village house with an area of ​​30 square meters. m, despite the lack of communal amenities of a city apartment, for which the family is on a waiting list.

In response to departmental inquiries from the department, Rosreestr responded that the house was residential, and the local administration responded that no decision had been made to recognize it as non-residential.

However, the forensic construction examination initiated by us confirmed the impossibility of permanent year-round living in it due to the lack of water supply, sewerage, heating, bathtub, shower, toilet and hot water supply. Accordingly, the area of ​​such a house should not be taken into account in the level of housing security of the family on the waiting list.

The defendant’s objection about the absence of an expert opinion on the day the DGI order was adopted by the court was reasonably rejected, because this does not cancel the conclusion that the house does not comply with the legal requirements for residential premises. And even more so for those on the waiting list who have been on the housing register for 20 years.

By the decision of the Presnensky Court of Moscow dated January 23, 2018, the claims were satisfied; by the decision of the Moscow City Court dated June 18, 2018, the appeal of the City Property Department was rejected.

1. A residential garden house also does not affect the level of housing security of those on the waiting list if it is unsuitable for permanent residence

A family on the waiting list in 1990 (who had been on the housing register for 27 years!) was removed from the waiting list due to the ownership of a village house in another region and an apartment from their spouse.

In the lawsuit, we referred to the illegality of recording the property of those on the waiting list before March 1, 2005, since the wealth of the family, according to the old laws, did not matter (only the small area of ​​​​the housing was taken into account). None of those on the waiting list acquired the right to the spouse’s apartment, they did not move in there, and the spouse himself was not on the housing register with them.

Construction and technical examination confirmed the non-compliance of the residential building with the requirements for housing, the impossibility of year-round living in it and, in connection with this, unsuitability for living and inadmissibility of inclusion in the housing area of ​​the waiting list.

The court then declared their deregistration illegal. Moreover, this decision is available in the accounting file, and the circumstances established by it are prejudicial and are not subject to repeated proof (Part 2 of Article 61 of the Code of Civil Procedure of the Russian Federation).

On May 30, 2018, the Presnensky Court of Moscow upheld the claim, and on August 22, 2018, the Moscow City Court upheld the decision, rejecting the appeal of the Housing Department.

1. Divorce in itself is not grounds for postponing the deadline for providing housing to those on the waiting list by 5 years

The Moscow City Property Department postponed the housing provision period for families on the waiting list in 1990 by 5 years due to divorce.

The order was appealed to the court, since the divorce did not lead to a deterioration in living conditions, and the applicant’s husband was not on the waiting list.

On March 29, 2017, the Presnensky Court granted the claim, citing the plaintiff’s non-deterioration of her living conditions and the absence of grounds for postponing the housing provision. The court agreed with our arguments that after the divorce the spouse did not become on the housing waiting list, and none of the former spouses developed a condition that required state participation in providing them with other housing.

The Moscow City Court rejected the appeal of the Moscow DGI.

1. After this, specialists from the human rights organization “Voskhod” developed a bill for the HRC to amend the RF Housing Code in order to eliminate such legal disputes in the future.
2. MOO "Human Rights Organization "Voskhod"
3. September 23, 2018

Removal from the queue to improve housing conditions - reasons, grounds, due to a mortgage, illegal

Removal from the queue for improvement of living conditions is a procedure carried out by a special commission. She issues a refusal with a reason.

• Subsequently, it can be challenged by filing a statement of claim in court.
• Persons are excluded from registration for receiving housing premises if this is regulated by Article 56 of the Housing Code of the Russian Federation.
• Persons who:

1. They sent an application to remove them from the queue. This may be due to an exchange for a larger premises, moving abroad, etc.
2. Loss of the grounds according to which the right to obtain housing under a social tenancy agreement is granted. An example is a significant improvement in the financial situation of family members. The amount of earnings received per family member exceeds the norm for the “poor” group established by Article 49 of the Housing Code of the Russian Federation.
3. Moving to another place of residence. If addresses change within the region, then the priority for receiving housing does not change. If a family moves to another region, it is excluded from the queue.
4. Citizens received financial assistance for the construction or purchase of living space.
5. Incorrect information was provided, which led to registration (exceeding the number of family members living in the same area, distortion of information about health status, illegal issuance of a certificate confirming low-income status).

Article 56 of the Housing Code also establishes that only the body by whose decision the family was registered can be removed from the queue.

The decision is made within thirty days from the moment of becoming aware of the circumstances that gave rise to such a decision.

The decision to dequeue must include the reason for the decision. There must be a reference to the circumstances included in Article 56 of the LC.

The decision on exclusion is issued to citizens within three days from the date of its adoption. You can appeal this decision in court, which will require filing a statement of claim with the court.

Here you can download a sample statement of claim to invalidate the decision to deregister and reinstate the housing register.

The fact of a change in family size is not a reason for deregistration.

Causes

Reasons why a family is removed from the housing queue:

• living conditions have been improved, there is no need to receive assistance from the state;
• dismissal from a place of work from which living space is allocated;
• deliberate deterioration of living conditions;
• departure of one or more family members.

Removal from the queue for improvement of living conditions

Delisting may be due to various reasons. Let's take a closer look at them.

Mortgage

1. A family recognized as needy and on the waiting list for improved housing conditions can participate in other government programs.
2. If she received a mortgage under the federal program for the purchase or construction of a house, then she is deregistered.

3. The reason for this is that there is no reason to receive additional assistance from the state, because it has already been provided - a mortgage has been issued.

The mortgage is issued at a low interest rate. The funds received can only be spent on the construction or purchase of housing.

It does not matter whether the market in which real estate is purchased is primary or secondary.

Country house

The reason for removal from the queue may be the presence of a dacha.

In this case, the condition is met - this property must be suitable for living.

A dacha is considered suitable for permanent residence if:

• the footage per family member corresponds to the established norm;
• there is the required infrastructure nearby - school, shops, hospital, etc.;
• the dacha has an address and is registered;
• there are all necessary communications - water, gas, heating, sewerage;
• the property complies with building regulations.

The dacha is inspected by a commission appointed by local authorities.

If it is suitable for residence, then the family is removed from the register due to the fact that it has a place to live.

Inheritance

The reason for removal from the waiting list for improvement of living conditions is the receipt of an inheritance. Any property can be inherited - real estate, a car, financial assets.

If the transferred inheritance has value and provides significant material support to the family, then it is excluded from accounting.

The basis for this is a change in the status of a “poor” family.

Young family

A young family can be removed from the queue for the following reasons:

• change in financial status;
• moving to another region of the country or abroad;
• deliberate deterioration of the place of residence (in accordance with Article 53 of the Housing Code of the Russian Federation);
• An independent solution to the housing problem is the purchase or exchange of your living space for another.

Mother of many children

A mother of many children is a woman who has three or more children under 16 years of age in her care or three or more children studying in educational institutions under 18 years of age.

In some cases, exclusion from the waiting list occurs because one of the children receives housing through a youth program.

However, this is not a valid reason, because the remaining children still remain in the care of the mother. In such a situation, all that is required is to reduce the size of the family.

If you are taken off the waiting list for improving your living conditions, then to appeal the decision you need to file a claim in court.

What to do?

If you have been removed from the waiting list for improved housing conditions, the basis for the refusal will be indicated. First of all, you need to familiarize yourself with it and determine whether it is correct.

If the reason is not true, then it is necessary to file a statement of claim in court. It states:

• the reason for petition;
• request to be reinstated in the queue.

A court date is set for the case. If the court satisfies the plaintiff's request, he is reinstated in the queue.

If the claim is rejected, then the plaintiff has no right to improved living conditions.

Here is presented the judicial practice on declaring illegal the decision to deregister for the improvement of living conditions.

Subsidies

If family members drop out of the queue for improved conditions, then the family loses the right to receive subsidies.

Subsidies are issued to registered citizens for:

• purchases of living space;
• real estate construction.

FAQ

Let's consider questions frequently asked by citizens.

Gave a plot of land

• When receiving a land plot, the commission does not have the right to exclude a family from the queue for receiving living space.
• This is due to the fact that deregistration is possible if it is not a land plot that is provided, but real estate equipped for permanent residence.
• If you have been removed from the queue, you must draw up and send a statement of claim to the court for consideration.

Ex-husband checked out

1. If the husband leaves the apartment, then the number of meters per family member increases.
2. A family will be deregistered if the footage per person meets the standard.
3. If there is still a shortage of square meters, then exclusion from the queue is illegal and subject to challenge in court.

Video about the queue for housing

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Removal from the queue for improvement of living conditions

Any citizen, having received the status of a person in need of residential premises (Article 51 of the Housing Code of the Russian Federation), can register for the purpose of improving housing in accordance with Art. 55 Housing Code of the Russian Federation.

This right is retained by him until at least one of the grounds occurs (and is identified) according to which he can be removed from the queue for home improvement. The full list of these is determined by Art. 56 Housing Code of the Russian Federation.

The main reasons for deregistration (in accordance with Article 56 of the RF Housing Code)	Explanations
At the initiative of the poorest person	Queue registration stops when a proper application is submitted
If you lose the grounds according to which a low-income citizen was registered	Most often this is the loss of the status of the poor or needy
Budget subsidies for the purchase or construction of housing	Budget funds that are issued to a needy person for the construction (purchase) of housing from local authorities and government authorities are taken into account.
Relocation	Exception: change of place of residence within federal cities (we are talking about Moscow, St. Petersburg, Sevastopol)
Acquisition of land for housing construction	Land received from state (local) authorities is taken into account. This basis does not apply to large families
False information provided during registration	This also includes violations and illegal actions of officials who registered

If the above circumstances are discovered, removal from the queue is carried out within a month. The decision made is formalized in writing as a notice. It indicates the basis for deregistration and a link to the article of the law.

• An example of a notice of deregistration of those in need of housing improvement
• The authorized body must deliver the completed notice to the addressee within three days.
• Read also the article ⇒ Subsidies for improving housing conditions.

Review of judicial practice

Often, removal from the queue for housing improvement is carried out due to the discovery of false information that was submitted before registration. Most often, these include distorted information about the state of health, an illegally issued certificate certifying the indigent (low-income) status of the applicants.

Essentially, if the amount of earnings per person exceeds the level determined for low-income people, then the financial situation of the family is considered improved (Article 49 of the Housing Code of the Russian Federation). Then the basis according to which they were placed on the queue is lost. The indicated norm applies to those on the waiting list who registered after March 1, 2005.

For your information, actions that resulted in deterioration of living conditions may be considered:

1. Changes in family composition, including due to divorce.
2. Occupancy of other persons.
3. Judicial resettlement of citizens due to violation of the terms of the contract for the use of housing.
4. Allocation of shares by owners, etc.

The deterioration of living conditions (reduction of living space) is not associated with all actions without exception, but only with those that caused the need for residential premises.

At the same time, for example, the placement of a minor with a parent, the recipient’s refusal of a gift, the court’s recognition of a housing transaction as invalid, etc. are not such. Consequently, these actions may become a reason for refusing to recognize a citizen as needing better housing.

The mentioned standards of the Housing Code of the Russian Federation also apply to young families. Judicial practice shows that marriage with a citizen who owns an apartment is not an improvement in living conditions if the person getting married (not the owner) does not live there, is not registered, and does not expect the home to be improved.

At the same time, improving the financial situation, buying new housing, exchanging existing housing are considered as an autonomous solution to the housing problem. Accordingly, in fact, these actions are grounds for removing a young family from the queue.

Erroneous judgment about removal from the waiting list for improved housing conditions

Situation	Correct application of the norms of the Housing Code of the Russian Federation to the designated situation
A family can be removed from the waiting list for housing improvements if at least one of its members is discharged	They will be removed from the queue only on the condition that after the family member is discharged, the square meters of the living space (per resident) will meet the standard
A low-income family is not deregistered when receiving an inheritance	If the actually accepted inheritance (car, item, house, etc.) significantly improves the financial situation of a low-income family, then it will be removed from the queue
When applying for a mortgage for housing construction, a family in need of home improvement does not lose its status and queue	Mortgage is government financial support. If a needy family has chosen this assistance option, then the previous one (registration to improve living conditions) is excluded. That is, the family is automatically removed from the queue

Expert explanation on the issue of state support measures for improving housing conditions

These include:

1. A number of regional programs for young professionals and citizens in need of improved housing, the purpose of which is solely to solve housing problems (“Your Home”, “Social support measures for young professionals, etc.”).
2. Providing free land plots to large families, including for housing construction (Federal Law No. 138 of June 14, 2011).

More details can be found in the answers to user questions (Ministry of Construction of the Russian Federation, official website).

Example 1. Termination of registration due to relocation to a neighboring region

Malyshevskaya V.L. and her family members have been on the waiting list for improved housing conditions for a year now. The whole family is going to move soon to a neighboring region to live with close relatives.

In accordance with Art. 56 of the Housing Code of the Russian Federation, the emerging applicant means that V.L. Malyshevskaya and her family must be removed from the queue, since we are talking about relocation to another region. If they had moved within the region, the line would have been reserved for them.

The procedure for terminating registration requires writing a corresponding application and submitting it to the authority that registered Malyshevskaya and her family for improvement of housing conditions. When drawing up an application, the following application format can be used.

Example of an application for deregistration

Example 2. Termination of registration due to a change in family size

There are two people registered in the communal apartment (14 sq.m.): husband and wife. Both are registered for home improvement. The room where they live together is divided between them in shares, i.e. each person owns ½ share. The couple are going to register their adult child in their communal apartment.

In relation to this situation, the provisions of Art. 55 and art. 56 of the RF Housing Code establishes the following:

1. Art. 55 guarantees them the right to keep the queue.
2. Art. 56 indicates that a change in family size is not grounds for stopping registration.

Registration of a child in a communal apartment will be carried out after being placed on the waiting list. Consequently, this fact cannot be considered as a deliberate deterioration of living conditions.

As judicial practice shows, removal from the queue is carried out if citizens consciously and purposefully worsened conditions before registering as needy (Article 53 of the Housing Code of the Russian Federation).

Read also the article ⇒ State programs for improving living conditions.

Answers to frequently asked questions

Question No. 1: Is it possible to resume the queue for housing improvement after being removed from the queue and how?

It is possible if a person was removed from the queue in violation of the law. The district court is in charge of the restoration. A claim should be filed there, attaching documents proving the unlawfulness of the defendant’s actions. This must be done in the first three months after receiving the notice of deregistration.

Question No. 2: Can they be deregistered if they have a dacha?

They can, if a specially created “evaluation” commission determines that the dacha-type house is suitable for living, namely:

• the building is properly registered and has an address;
• a house with all the amenities and necessary communications (there is running water, sewerage, and not just stove heating);
• the footage of the premises complies with the required standards;
• there is appropriate infrastructure, etc.