Removal of citizens from specialized accommodations

In accordance with article 92 of the Russian Code of Housing, the living quarters of a specialized housing stock are the premises of a manoeuvring fund, dormitories, office accommodations, housing for temporary settlement of refugees and internally displaced persons, accommodation for certain categories of citizens in need of social protection and housing in the buildings of the social services system of citizens.

The employer ' s removalOnly after the termination or termination of a contract for the employment of specialized housing, since the law protects the right of citizens of the Russian Federation to housing, evictions are carried out only on the basis of a court decision.

When is it possible to evict employers from a special fund?

The legal eviction of employers from a specialized housing stock is necessarily preceded by the termination of the employment contract; if the employer refuses to release the dwelling after the termination of the contract, the employer is entitled to apply to the court for forced eviction; the employment contract may be terminated on such grounds:

A contract for the employment of specialized housing may be terminated at any time by agreement of the parties (art. 101, para. 1).

Each party (employer and employer) is free to conclude, modify or terminate the terms of the contract, provided that this is not contrary to the requirements of the law and does not violate the rights of others.

Therefore, a contract may be terminated either by agreement of the parties or at the initiative of one of them.

Termination of contract on the employer ' s initiative

The reasons that encourage the employer to terminate the contract may be different: for example, excessive rent, inheritance and relocation to another area, but it should be borne in mind that article 83, paragraph 2, of the Code states that the consent of members of the employer ' s family is required in order to terminate the contract of employment in a specialized housing stock.

Termination of the contract of judicial employment

If the employer and members of his or her family violate their obligations under the employment contract, the employer may file an action for termination of the employment contract with the court.

This is done only on such grounds as: when the employer does not pay for the dwelling for more than six months; if the employer, members of his family or temporary tenants for whom the employer is responsible destroy the premises or misuse them; in addition, under article 29, the contract of employment shall be terminated for the free alteration of the premises, unless the employer has returned them to their original state after an oral warning.

Termination of employment contract due to expiry

The accommodations of the specialized fund also include office accommodations and student dormitories; the contract for the employment of these premises is concluded for a specified period; upon the expiry of this period, the contract is either extended or terminated.

For example, an employer of a student who has graduated from or is expelled from an educational institution and an employee who has terminated his employment relationship with the enterprise that provided him with a service residence is being evicted.

The removal of an employer from a specialized fund has many nuances that an experienced housing lawyer will introduce to you. If you have been evicted from a specialized housing stock, it is necessary to check whether the requirements are legal, since there are certain categories of citizens who can be evicted only with the provision of other well-established housing.

Removal of citizens from specialized accommodations

The employment of specialized housing implies the creation of a certain range of rights and obligations on the part of the employer.

A contract for the employment of specialized accommodation implies the creation of a certain range of rights and obligations on the part of the employer.

If the list of obligations is not properly met, the applicant may be subject to certain sanctions by the owner of the dwelling.

One such responsibility is the eviction of citizens from the apartment of a specialized fund.

Expulsion of citizens in connection with termination or termination of the employment contract

The removal of citizens from specialized accommodations is one of the most relevant topics for discussion, and if we look at modern housing legislation, this is the subject of a separate article of the Russian Federation ' s LKS - 103.

Thus, in order to carry out the eviction of a person from a specially contracted shelter, account must be taken of the grounds laid down at the legislative level.

In particular, the eviction of citizens from special housing takes place in accordance with the conditions laid down in articles 83 and 101 of the Code, and the grounds are closed.

The key grounds that determine the eviction procedure are:

• The lack of financial transfers for the use of housing and public utilities, which has taken place for more than six months, except for socially vulnerable citizens.
• The housing provided under the contract was irreparably damaged, resulting in the inability to exploit real property.
• The residential building was operated by the employer without reference to the original purpose.
• During his stay in a special residence, the complainant acted against his neighbours in terms of their rights and interests.

In the above-mentioned cases, the contract of specialized employment is terminated and terminated; this entails an obligation on the employer to leave the premises together with all members of the family during the period specified by the legislature.

Eviction with other accommodation

An analysis of housing legislation suggests that eviction from housing under a special employment contract is possible both with and without the provision of a different place.

In this case, article 85 of the Criminal Code of the Russian Federation, which clearly sets out all cases in which, by agreement of the parties to the employment contract, the tenant will be provided with another well-established accommodation, so that the provision of new housing may be made if:

• The reason for the destruction of immovable property is the need for the removal of ZU for public or municipal purposes.
• The building is considered to be unsafe and uncomfortable for citizens to live on its territory, in other words, the building may collapse at any time, resulting in casualties.
• The legal status of immovable property is changing, in particular the transfer of housing to non-residential buildings.
• In the process of major repairs to real estate, the size of the dwelling has changed, making it impossible to take into account the legislative requirements for the provision of improved housing to categories of citizens in need.
• Real property is legally transferred to the property of a religious organization.

Requirements for the provision of specialized housing

All the accommodations that have been included in the specialized fund meet the legal requirements prescribed in the Russian Federation ' s LKS. If at least one of the conditions is not met, there is no point in talking about the legitimacy of the employment contract.

• The housing area of the building must be equal to the accounting standard and the standard for the granting of legal relations to each subject who will reside on the premises of the dwelling.
• Housing must be improved, i.e. it must have all the necessary communications and engineering equipment through which utilities are provided.
• In other words, the entrance to the apartment should not disturb the peace of the neighbours and should be effected by passing through other apartments.
• The structure should have good noise and sound insulation, as well as air circulation, which would guarantee a comfortable location within the room.

Such a list of requirements is not exhaustive and may be supplemented by conditions to be developed locally, taking into account the quality of life and the availability of specialized real estate.

Eviction from specialized accommodations

A list of the types of facilities of the specialized housing stock (specialized accommodation) is set out in article 92 of the Russian Housing Code.

The housing units of the specialized housing stock are: office accommodations; dormitories; manoeuvring housing; housing units in the social services of the population; housing units of the temporary settlement fund for internally displaced persons; housing units of the temporary settlement fund for persons recognized as refugees; and housing units for the social protection of certain categories of citizens.
The list is intended to be exhaustive.

The purpose of the accommodation in question is defined in articles 93 to 98 of the Code of Criminal Procedure. The use of specialized accommodation is carried out in accordance with the contracts for the employment of such premises.

Termination of employment contract
Specialized accommodation

The Housing Code distinguishes between termination (art. 101) and termination (art. 102) of a contract for the employment of a specialized dwelling; this is not logical, since termination of a contract necessarily results in termination; therefore, termination of a contract of employment would be more appropriate as a basis for termination of such a contract.

A contract for the employment of a specialized dwelling may be terminated at any time by agreement of the parties.
The termination of a contract for the employment of a specialized dwelling is possible: (a) by agreement, i.e. mutual agreement, the employer and the employer; (b) at the employer ' s initiative; (c) at the employer ' s initiative.

In the latter case, the termination of the contract is subject to judicial procedure (art. 101, para. 3).
According to article 101, paragraph 2, the employer of a specialized dwelling may at any time terminate the contract for the employment of the said dwelling.

An employer ' s right to unilaterally terminate a contract for the employment of a specialized dwelling at any time implies that the intention of only one party is sufficient for the termination of the contract in this case; termination of the contract under article 101, paragraph 2, of the Housing Code is done out of court.

It should be noted that the unilateral termination of a contract for the employment of a specialized dwelling on the employer ' s initiative does not require the consent of the employer ' s family members.

By way of comparison, it should be recalled that the employer of a dwelling under a social employment contract is entitled to terminate such a contract only with the consent, in writing, of the members of his family living with him (art. 83, para. 2, of the Code of Criminal Procedure).
Unlike the employer, the employer under a contract for the employment of a specialized dwelling does not have the right to unilaterally terminate the relevant contract.

A contract for the employment of a specialized dwelling may be terminated by a court at the request of the employer if the employer and his/her family members living with him/her fail to fulfil their obligations under the contract for the employment of a specialized dwelling, as well as in other cases provided for under article 83 of the Code of Criminal Procedure.

Thus, if the agreement of the parties is not reached with regard to the termination of the said contract (art. 101, para. 1, of the Code of Criminal Procedure), the employer may only initiate the termination of the contract in court on the grounds mentioned in art. 101, para. 3, of the Code of Criminal Procedure.

In accordance with article 83, paragraph 4, of the Russian Housing Code, to which the legal provision in question refers, termination of the contract for the social employment of a dwelling at the request of the employer is permitted by the courts in the event of:

• The employer ' s failure to pay rent for accommodation and (or) utilities for more than six months;
• The destruction or damage of the dwelling by the employer or other citizens for whom he is responsible;
• The systematic violation of the rights and legitimate interests of neighbours, which makes it impossible to live together in one dwelling;
• The use of the accommodation was not intended.

The termination of the contract for the employment of specialized accommodation is due to the loss (disruption) of the dwelling which was the subject of the contract and to other grounds provided for in the Russian Housing Code. Other grounds for the termination of the relevant contract may also be:

Discontinuation of labour relations or stay in the State post of the Russian Federation, the State post of the constituent entity of the Russian Federation or in elected office, and dismissal from service, in order to terminate the contract for the employment of a service dwelling (art. 104);

Termination of employment relations, studies and dismissal from service in order to terminate the contract for the employment of accommodation in a dormitory (art. 105);

The expiry of the period of time for which a contract has been entered into for the employment of a manoeuvring housing establishment, in order to terminate the said contract (art. 106).
A legal fact such as the death of a single resident employer is also the reason for the termination of the contract for the employment of a specialized dwelling.

Part 2 of article 102 of the Russian Code of Housing contains special rules which apply only to contracts for the employment of office accommodations and accommodations in dormitories.

The transfer of ownership of a service dwelling or a dormitory, as well as the transfer of such a dwelling to the economic management or operational management of another legal entity, shall entail the termination of the contract for the employment of such a dwelling, unless the new owner of such a dwelling or legal person to whom such a dwelling has been transferred is a party to the employment contract with the employee who is the employer of such a dwelling.

As a general rule, the transfer of the employer ' s property rights to a residence or accommodation in a dormitory to another person is the reason for the termination of the relevant employment contracts; in such cases, the eviction of citizens from official or residential premises in dormitories with the provision of other accommodations is carried out by the previous owner or legal person transferring the premises concerned (see art. 103, para. 4, of the Code of Criminal Procedure).

An exception to the general rule is the case where the new subject of the property right to a service or dormitory accommodation is the employer in the employment relationship with the employee who is the employer of such a dwelling, in which case the contract for the employment of a specialized dwelling is still in force, but it will need to be amended to include information on the employer.

Conditions and procedures for the eviction of citizens from specialized accommodations

Article 103 of the Russian Housing Code regulates evictions from specialized housing units, and the rules of this article are of general importance for all evictions from these premises, regardless of their type.
In cases of termination or termination of contracts for the employment of specialized accommodations, citizens must vacate the accommodation they occupied under these contracts.

Consequently, the termination of contracts for the employment of specialized accommodations, including in cases of termination of those contracts, entails a legal obligation on employers and their families to voluntarily release their premises.

The Russian Federation ' s Housing Code provides for the possibility of evicting citizens from specialized accommodations: (a) without the provision of another dwelling, (b) with the provision of another dwelling.

Therefore, if former employers refuse to voluntarily release the accommodation provided under the employment contract, which has been terminated or terminated on other grounds, the employer has the legal basis to bring a claim to court for the eviction of the person concerned and his/her family members without the provision of another accommodation.

If the employers are citizens referred to in article 103, paragraph 2, of the Code of Criminal Procedure, the employer is also entitled to demand that they be evicted by the courts, but with the obligation to provide another accommodation.

With regard to eviction from dormitories, it should be borne in mind in practice that the Russian Code of Housing applies only to legal relations relating to the provision and use of accommodation in dormitories owned by the State and municipal entities.

If the accommodation provided for the dormitory is owned by a commercial organization in its right of ownership, the provisions of the Russian Housing Code governing the provision and use of specialized housing cannot be applied: these are contractual obligations based on the rules of civil law.

Thus, the provisions of the Russian Civil Code, rather than the Russian Housing Code, should be applied when eviction from residential premises in dormitories owned by a commercial organization.

There may be no eviction from office and dormitory accommodations without the provision of other accommodations by non-employers under social employment contracts or by the family of the owner of the dwelling under a social employment contract or by the owners of the dwelling or by the family of the owner of the dwelling, and which are registered as in need of accommodation:

• Members of the family of members of the armed forces, officials, internal affairs officers, the Federal Security Service, the customs authorities of the Russian Federation, the State fire services, the authorities responsible for controlling the traffic in narcotic drugs and psychotropic substances, institutions and bodies
• The executive system, dead (dead) or missing in the performance of military service or official duties;
• Old-age pensioners;
• Family members of an employee who has been provided with a service accommodation or accommodation in a dormitory and who has died;
• Category I or II disabled as a result of work injury attributable to the employer, category I or II disabled as a result of occupational illness in connection with the performance of work, category I or II disabled military personnel as a result of injury, concussion or injury sustained in the performance of military duties or as a result of illness related to the performance of military duties.

These citizens are provided with other accommodations, which must be located within the locality concerned.
In the case of article 102, paragraph 2, of the Russian Code of Housing, the former owner or legal person who transfers the accommodation in question is responsible for the removal of citizens from official accommodations or accommodations in dormitories with the provision of other accommodation units.
Only with the provision of other accommodation within the boundaries of the locality can the categories of citizens referred to in paragraphs 1 to 4 of article 103 of the Criminal Code be evicted from the official and dormitory premises.

However, these categories of citizens are provided with other accommodation in the event of eviction, provided that they are not employers of social employment contracts or family members of the owner of the dwelling under a social employment contract, or owners of the dwelling or family members of the owner of the dwelling, and are registered as needing accommodation.
Citizens who are evicted from specialized housing units in accordance with article 103 of the Russian Federation ' s Criminal Code must be provided with accommodation, which may not be better arranged for the living conditions of the municipality.

The other accommodation provided to citizens who are evicted from the service accommodation or accommodation in the dormitory must be located within the boundaries of the municipality concerned (art. 103, para. 3), must meet the sanitary and technical requirements (art. 15, para. 2, of the Russian Federation) and, according to article 103, para. 2, of the Code, it is understood that the housing stock for social use is of no legal importance.

In judicial practice, the question arose as to whether a parent deprived of his or her parental rights, if he or she lived with a child in a dormitory and the court found that they could not live together, could be evicted without other accommodation.

The Presidency of the Supreme Court of Justice of the Russian Federation indicated that, with regard to housing units belonging to a specialized housing stock, the Russian Federation ' s Housing Code establishes a special legal regulation; articles 101 to 103 of the Russian Federation ' s Criminal Code, which contain provisions on dissolution, termination of the contract for the employment of specialized accommodation and eviction from the dormitory, do not provide for the possibility of eviction of citizens deprived of parental rights if it is established by the court that they cannot live together with a child.

Thus, housing legislation does not provide for the removal from the dormitory of a parent deprived of his or her parental rights, whose joint residence with a child is not recognized by the court; article 91, paragraph 2, of the Code of Criminal Procedure applies to evictions without the provision of other accommodation only to citizens who occupy a dwelling under a social employment contract; the court may decide on the child ' s place of residence on the basis of the child ' s interests, taking into account the particular circumstances of the case.

Removal of citizens from specialized housing units in 2023

In the case of citizens living in a specialized facility, they are evicted, which is regulated by the norms of the Russian Housing Code.

The process of release of the special premises has certain characteristics, and there are several conditions for the eviction of citizens in the event of an emergency.

What is it?

In the Russian Federation, there are clearly defined grounds for the eviction of persons living in specialized premises; such premises may not be sold, rented or inherited in accordance with the law.

Special-type accommodation, this is:

1. Housing provided to an employee by an organization under a contract of employment.
2. A dormitory in which a citizen lives during a period of study or work in another city.
3. A dwelling provided to a citizen at the time of repair, evacuation, in the event of an emergency, and also in the event of eviction from a home purchased in a mortgage.
4. Temporary housing for refugees.
5. The nursing home.

In the case of housing, the owner of the premises shall enter into a lease with the citizen by virtue of which he must leave the dwelling after the expiry of a certain period of time, and shall also be paid for the residence.

The main provisions of article 103 may be consulted by reference.

The allocation of a special dwelling to a citizen takes place in only two cases:

• By order of the public authority, the municipality or the director of the production enterprise;
• In the case of a rental contract with a person in need of special accommodation (students, pensioners).

The real estate registered in a special register should be considered to be of service; the management body of the Russian Federation ' s housing stock decides whether the facility will be included or removed from the list of specialized dwellings and whether it is possible for citizens to reside on temporary terms in such premises.

Grounds for the eviction of citizens from specialized accommodations

The grounds laid down in article 83 and article 101 of the Criminal Code cannot be changed and are final.

The removal of persons living in a special type of house or apartment if there is a lease (recruit) if:

1. The real estate owner will sue.
2. Failure to fulfil the obligations previously stated and specified in the employment contract will be detected.
3. On other grounds set out in article 83 of the Code of Criminal Procedure.

Reasons for possible eviction from previous residence:

1. If a socially vulnerable citizen is not disabled or unable to work, he or she will no longer pay for public services for six months.
2. The housing was badly damaged because of its operation, and the explosion of gas or the collapse of structures caused by other residents is not accounted for.
3. The employer violated the rights and interests of his or her neighbours and it was therefore not possible to continue to live together in the same territory.
4. Real property was not used for the intended purpose, for example, it was leased.

Often the violation does not occur immediately, but if it becomes known, the owner of the apartment may immediately start the eviction process; the claim states that the terms of the contract have been violated.

There are also additional – special conditions under which a citizen can be evicted:

• Completion of service in the army, and temporary special accommodation means barracks;
• Dropped out of college, higher education;
• The employer ' s home is liable for mortgage or other debts.

The employment contract is terminated upon eviction and the citizen must also leave the premises if he or she has left a certain place of work, studies or practice.

The termination of a contract is possible only if one of the parties so wishes, not only the owner of the premises, but also the employer himself.

Most often, citizens want to move out of specialized housing if they have a serious violation of sanitary standards, the premises are in an emergency state, and students leave the dormitories if they do not have a common language with their neighbours.

Forced evictions are most often carried out when large debts are accumulated.

Read about the eviction from the privatized apartment here.

Some categories of citizens may be evicted from special housing only if they are given another suitable place to live; however, if they are to be covered by this rule, they must register as poor, homeless persons before concluding a contract of employment.

There are often cases in which relatives of a deceased worker live in a given apartment or room and cannot be evicted without the provision of other accommodation.

List of persons who cannot be evicted on normal grounds:

1. Public officials, government officials, members of the armed forces and their immediate relatives.
2. Persons who have reached retirement age.
3. Relatives of a citizen who, while working in the enterprise, lived in a special room but died before the end of the employment contract.
4. Persons with disabilities in groups 1 and 2 who have been injured as a result of military debt or service at the enterprise.

The removal of these categories of citizens is possible only on one condition: they will be provided with other accommodation, and other accommodation will be provided to all residents of a contract in the event that the previous accommodation is in an emergency, collapse or demolition.

An apartment or room in a commune is provided to citizens only on condition that they do not own a dwelling or rent another one.

New housing should not necessarily be improved, but it should not be worse than the one in which the person lived before the eviction; it must meet basic requirements and social standards.

If a citizen who has worked in the enterprise for many years and is residing in a specialized facility retires, the organization must provide him with other housing.

Judicial practice

If the owner of the apartment has declared the eviction and the employer does not wish to release the premises, the tenant has the right to bring an action before the court; the rights and obligations of the parties in this case are governed by the Constitution of the Russian Federation and the Housing Code, as well as the rules of the Ordinance, which establish the basic rules for the assignment of the dwelling to a special facility.

However, if the tenant considers that his or her rights have been violated, he or she may appeal against the decision and defend his or her point of view.

The court ' s decision must necessarily be:

1. Fair;
2. Specific;
3. It contains the conditions to be met.

In the analysis of judicial practice, it may be noted that the court first follows the basic rules in its decision, that the condition of the rented premises is of great importance, that it must meet the requirements of safety and sanitation, and that members of the armed forces, the elderly or persons with disabilities are not allowed to live in broken or emergency housing.

Housing relations between the parties arise only after the conclusion of the employment contract; the law contains a list of grounds that cannot be changed.

If eviction is inevitable, some citizens may expect to have another place to live; even if it is only available for a while, it will make it possible not to be on the street.