Hospitals 

Determination of the order of payment for utilities judicial practice. Decision on the case on determining the shares in the payment of utility bills

A former family member of the employer has the right to demand judicial procedure determining the order of payment for housing and communal services. In this regard, there are clarifications in paragraph 2 of paragraph 30 of the Resolution of the Plenum The Supreme Court RF of July 02, 2009 N 14 "On some issues that have arisen in judicial practice when applying the Housing Code Russian Federation", where it is stated that the court, considering the above disputes, has the right, in relation to the provisions of parts 4, 5 of article 155, article 156 of the RF LC and article 249 of the Civil Code of the Russian Federation, to determine the procedure and amount of participation of a former family member of the tenant in the cost of housing and utilities, based on the share of the total area of ​​the dwelling that falls on it, with the imposition of the obligation on the renter (managing organization) to conclude an agreement with the former family member for the payment of dwelling and utilities.

example of judicial practice of the bureau (on the side of the plaintiff)

statement of claim on determining the procedure for payment of utilities

Tushinsky district court Moscow city

________________________

Plaintiff:<ФИО1>

address: Moscow, Boulevard<ФИО>, d. XXX, K. XXX K. XXX

Defendants: 1. Moscow City Property Department

address: Moscow, Gazetny lane, XXX / 1

2. GBU of the city of Moscow

"MFC for the provision of public services SZAO<ФАМ2>.Moscow "

MFC of the South Tushino district

address: Moscow,<адрес>

3. <ФИО3>

4. <ФИО1>

address: Moscow, Boulevard<ФИО>, d. XXX, K. XXX K. XXX

Third party: State Budgetary Institution "Housing of the Severnoye Tushino District"

address: 125480 Moscow,<адрес>

STATEMENT OF CLAIM

On the determination of the procedure for the use of residential premises,

- on the determination of the share in the cost of renting residential premises and utilities,

- oblige to conclude an agreement for the separate calculation of payment for residential premises and utilities,

- to oblige the separate calculation of payment for residential premises and utilities

I AM,<ФИО1>, registered in a residential building consisting of two rooms: 17.8 sq. m. and 14.3 sq. m., located at the address: Moscow, Boulevard<ФИО>, d. XXX, room XXX room XXX (hereinafter living quarters). I have been re-registered in the dwelling since 03/04/1997. In 1986, according to Order No. 0XXXXX, the organization provided me with a controversial apartment, and I was moved into the dwelling together with my family as a tenant. In order to improve housing conditions I had to withdraw from registration for a while. However, the organization could not provide us with additional space and I again registered in the controversial apartment. However, as the tenant of the apartment in the documents from the 90s, my ex-wife appears<ФАМ1>V.P.

For a long time I permanently lived in a room with an area of ​​14.3 sq. m. The residential premises are also registered<ФАМ1>V.P and<ФАМ3>A.V.

WITH<ФАМ9>V.P. we were married from ____________ to _____________.<ФАМ3>A.V is a son<ФАМ9>V.P. from his first marriage. I am with __________________ legal marriage relationship with full name.

Thus, with<ФАМ9>V.P and<ФАМ3>A. We are not one family. We do not run a common household.

I believe that I have every right to live in a room with an area of ​​14.3 sq. m. Therefore, I believe that the court can determine the procedure for using these living rooms as follows: I should allocate a living room with an area of ​​14.3 sq. m. and<ФАМ9>V.P and<ФАМ3>A.V respectively - a living room with an area of ​​17.8 sq. m.

On the basis of clause 2, part 2 of Art. 677 of the Civil Code of the Russian Federation ex-wife and her son have equal rights to use the living quarters.

Therefore, I have every right to live in one of the living rooms in the disputed living quarters, I have the right to demand from<ФАМ9>V.P and<ФАМ3>A. In compliance with my right to reside and use the living quarters.

According to article 69 of the RF LC, family members of the tenant of the residential premises under the contract social recruitment have equal rights and obligations with the employer. The family members of the tenant of the living quarters who are legally capable and have limited legal capacity by the court under the social tenancy contract shall be jointly and severally liable with the tenant for the obligations arising from the social tenancy contract.

If a citizen has ceased to be a family member of the tenant of the dwelling under a social tenancy agreement, but continues to live in the occupied dwelling, he retains the same rights as the tenant and his family members. The specified citizen is independently responsible for his obligations arising from the relevant social employment contract.

In accordance with Article 67 of the RF Housing Code, a tenant of a residential premises under a social tenancy agreement is obliged to pay timely payments for residential premises and utilities.

Also, by virtue of Article 153 of the RF LC, citizens are obliged to timely and fully pay for housing and utilities. The obligation to pay for residential premises and utilities arises for the tenant of residential premises under a social rental agreement from the moment such an agreement is concluded.

In accordance with Article 155 of the RF LC, the payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless another period is established by the management agreement for an apartment building. Payment for housing and utilities is paid on the basis of payment documents submitted not later than the first day of the month following the expired month, unless a different period is established by the contract for the management of the apartment building. Tenants of residential premises under a social tenancy agreement and a state or municipal residential premises lease agreement housing stock pay a fee for the use of the dwelling (rent) to the renter of this dwelling. Tenants of residential premises under a social rental agreement and a rental agreement for residential premises of the state or municipal housing stock in an apartment building managed by a management organization pay a fee for the maintenance and repair of a residential premises, as well as a payment for utilities of this management organization.

According to clause 4 of article 73 of the Law of the city of Moscow dated January 27, 2010 No. 2 "Fundamentals of the housing policy of the city of Moscow in case of failure to reach an agreement between citizens living in a residential building under contracts of social tenancy, hiring, on the procedure for paying for residential premises and utilities. services, the share of payments of each citizen for housing and heating is determined in court.

In accordance with Article 3 of the Civil Code of the Russian Federation, the right to go to court arises in the presence of a violated or contested right, freedom or legitimate interest.

According to Article 61 of the Housing Code of the Russian Federation, the use of residential premises provided under a social tenancy agreement is carried out in accordance with the Housing Code of the Russian Federation and a social tenancy agreement. The RF Housing Code does not provide for the rules for determining the procedure for using social housing between persons living in a municipal apartment.

On the basis of Article 6 of the Civil Code of the Russian Federation, in the case when certain relationship are not directly regulated by law, they are subject to civil law regulating similar relations (analogy of the law).

Also, by virtue of Article 7 of the Housing Code of the Russian Federation, in cases where housing relations are not regulated by housing legislation or by agreement of the participants in such relations, and in the absence of civil or other legislation that directly regulate such relations, if this does not contradict their essence, housing is applied to them. legislation regulating similar relations (analogy of the law).

According to Article 245 of the Civil Code of the Russian Federation, if the shares of the participants in shared ownership cannot be determined on the basis of the law and are not established by agreement of all its participants, the shares are considered equal. Property in shared ownership may be divided between its participants by agreement between them. A participant in shared ownership has the right to demand the separation of his share from the common property. If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the separation of a share of one of them, the participant in shared ownership shall have the right to judicially demand the separation in kind of his share from the common property.

In accordance with Article 247 of the Civil Code of the Russian Federation, the possession and use of property in shared ownership is carried out by agreement of all its participants, and if no agreement is reached, in the manner established by the court. A participant in shared ownership has the right to provide in his possession and use a part of the common property commensurate with his share, and if this is impossible, he has the right to demand from other participants who own and use the property attributable to his share, appropriate compensation.

By virtue of clause 8 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 10.1980 No. 4 "On some issues that have arisen in the practice of consideration of disputes by courts on the allocation of a share to a co-owner and determining the procedure for using a house belonging to citizens on the right common property"(As amended on 12/21/1993, as amended on 10/25/1996) the impossibility of dividing the property in shared ownership in kind or separating a share from it, including in the case specified in part 2 of clause 2 of Art. 4 tbsp. 252 of the Civil Code of the Russian Federation, does not exclude the right of a participant in shared ownership to declare a requirement to determine the procedure for using this property, if this procedure is not established by agreement of the parties. When resolving such a requirement, the court takes into account the actual procedure for the use of property, which may not exactly correspond to the shares in the right of common property, the need for each of the co-owners in this property and the real possibility of joint use (clause 37 of the resolution of the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court Of the Russian Federation of July 1, 1996 No. 6/8 "On some issues related to the application of part one of the Civil Code of the Russian Federation").

Me and the defendants<ФАМ1>V.P and<ФАМ3>A.V are permanently registered in a two-room municipal apartment with an area of ​​53.4 sq. M, where there are isolated rooms with different areas of 17.8 and 14.3 sq. M. The tenant of the apartment is the defendant<ФАМ1>V.P. With the defendants<ФАМ9>V.P and<ФАМ3>A.V, we are not a member family relationship being with<ФАМ9>V.P., in relation to each other, former spouses; We don’t live as one family, we don’t have a general budget. Currently, the parties have not reached an agreement on the procedure and terms of payment for the rent of residential premises and utilities.

<ИМЯ>determine payment for housing and utilities in equal shares, which does not violate rights and interests<ФАМ9>V.P and<ФАМ3>A.V and ensures that the landlord and the managing organization receive payment for the dwelling and utilities in full.

Based on the above and guided by Art. 131-132 Code of Civil Procedure of the Russian Federation,

<ИМЯ>:

1. Determine the procedure for using residential premises with a total area of ​​53.40 sq. M., Consisting of two living rooms with an area of: 17.80 sq. M. m. and 14.30 sq. m., located at the address: Moscow, Boulevard<ФИО>, d. XXX, к. XXX к. XXX, highlighting<ФИО1>, for living a living room with an area of ​​14.3 sq. m.,<ФИО9>and<ФИО3>allocate a living room with an area of ​​17.8 sq. m. Common areas: kitchen, corridor, bathroom, toilet leave in common use <ФАМ1>A.N,<ФАМ9>V.P and<ФАМ3>A.V.

2. To oblige the State state-financed organization Multifunctional center of the Northern Tushino district of Moscow to make separate calculation of payment for residential premises and utilities for residential premises at the address: Moscow, Determine the share<ФАМ9>V.P. in payment for the rent of a dwelling located at the address: Moscow, Boulevard<ФИО>, d. XXX, k. XXX k. XXX, and provided utilities in the amount of 1/3 of the total payment., for<ФАМ1>A.N., at the rate of 1/3 share,<ФАМ9>V.P. at the rate of 1/3 share and<ФАМ3>A.V. at the rate of 1/3 of a share, with the issuance of separate payment documents to them for payment of residential premises and utilities.

To oblige the State Budgetary Institution Multifunctional Center of the Northern Tushino District of Moscow to conclude with<ФИО1>a separate agreement defining the procedure and amount of participation in the costs of paying rent for residential premises and utilities, repair and maintenance of residential premises.

Determine the share<ФАМ1>A.N in the cost of renting a dwelling located at the address: Moscow, Boulevard<ФИО>, d. XXX, K. XXX K. XXX, and utilities in the amount of 1/3 of the total payment.

Determine the share<ФАМ9>V.P. in payment for the rent of a dwelling located at the address: Moscow, Boulevard<ФИО>

Determine the share<ФАМ3>A.V. in payment for the rent of a dwelling located at the address: Moscow, Boulevard<ФИО>, d. XXX, K. XXX K. XXX, and provided utilities in the amount of 1/3 of the total payment.

Applications / copies /:

1. Statement of claim for the number of persons with attachments,

2. Certificate of divorce from<ФАМ9>V.P,

3. Certificate of marriage,

4. Unified housing document,

5. Warrant for a dwelling,

6. Social employment contract,

7. Appeal ruling dated December 22, 2014,

8. Judicial precedent (Decision of the Tushinsky District Court of Moscow, 2014),

9. Receipt of payment state duty 600 rubles.

Date _____________ Signature ____________ ___________________

The decision of the Tushinsky court of Moscow on the determination of shares for housing

SOLUTION

IN THE NAME OF THE RUSSIAN FEDERATION

Tushinsky District Court of Moscow, composed of

presiding judge<ФАМ1>I.B.,

with the secretary<ФАМ2>L.G.,

having examined in open court the civil lawsuit<ФАМ3>A.N. to the Department of Municipal Property of the City of Moscow, State Budgetary Institution of the City of Moscow,<ФАМ7>A.V.,<ФАМ3>V.P. on the determination of the procedure for the use of residential premises, the determination of shares for payment of housing and communal services, the obligation to conclude a separate agreement for the separate calculation of payment for residential premises and utilities,

installed:

The plaintiff appealed to the court<ФАМ4>A.N. with a claim against the defendants, the Moscow City Property Department, Moscow City State Budgetary Institution,<ФАМ7>A.V.,<ФАМ3>V.P. on determining the procedure for using residential premises, determining shares for paying for housing and communal services, the obligation to conclude a separate agreement for the separate calculation of payment for residential premises and utilities, indicating in its justification that he is registered and lives in a residential premises consisting of two rooms: 17 , 8 sq.m. and 14.3 sq.m. at the address: Moscow, Boulevard ***. with<ФАМ3>V.P. was married from 05/31/1980 to 02/13/1993,<ФАМ7>A.V. is a son<ФАМ3>V.P. from the first marriage. Long time he lived in a room with an area of ​​14.3 sq.m.<ФАМ3>V.P. and<ФАМ7>A.V. registered in the specified dwelling. All of them are not one family, they do not run a common household. Believes that he has the right to live in a separate room measuring 14.3 square meters, and<ФАМ3>V.P. and<ФАМ7>A.V. - in the room 17.8 sq.m. The tenant of the apartment is<ФАМ3>V.P. An agreement with the defendants on the procedure and terms of payment for residential premises and an agreement on the procedure for the use of residential premises between them has not been reached.

Asks the court to determine the procedure for using residential premises with a total area of ​​53.40 sq.m., consisting of two living rooms with an area of ​​17.80 sq.m. m. and 14.30 sq. m., located at: [. Moscow, Boulevard ***, highlighting<ФИО3>, for living a living room with an area of ​​14.3 sq. m.,<ФАМ3>V.P. and<ФАМ7>A.V. allocate a living room with an area of ​​17.8 sq. m. Common areas: kitchen, corridor, bathroom, toilet leave in common use<ФАМ3>A.N.<ФАМ3>B.11 and<ФАМ7>A.V .; oblige the State Budgetary Institution Multifunctional Center of the Severnoye Tushino District of Moscow to make a separate calculation of payment for residential premises and utilities for residential premises at the address: Moscow, determine the share<ФАМ3>V.P. in payment for the rent of a dwelling located at the address: Moscow, Boulevard ***, and the provided utilities in the amount of 1/3 of the share of the total payment., for<ФАМ3>A.N., at the rate of 1/3 share,<ФАМ3>V.P. at the rate of 1/3 share and<ФАМ7>A.V. ……… ..

Moscow "citizens living in the same dwelling, united by signs of kinship or properties, but having their own sources of income, a separate budget and leading a separate household, if they express their will, are considered different families... In apartments, the layout of which, in accordance with the legislation, does not allow the conclusion of a separate social rental agreement with each family, if no agreement is reached on the payment procedure, it is allowed to determine the share of payment for the dwelling for each family.

Under these circumstances, the court considers that the determination of the shares of payment of the plaintiffs and defendants for the living quarters and utilities proceeding from 54.1 sq.m. the total area of ​​the apartment does not violate the housing rights and interests of the persons registered in the apartment at the specified address, and therefore considers that the claims<ФАМ3>A.N. subject to the above legal provisions.

Under these circumstances, given that 3 people are registered in the apartment, the court considers that determination of the shares of payment for residential premises and utilities, based on the size of the occupied living space, taking into account the above, payment for renting residential premises and utilities, repair and maintenance of a municipal apartment with a total area of ​​54.1 sq.m. a two-room apartment at the address: Moscow, Boulevard *** should be divided as follows:<ФАМ3>A.N.,<ФАМ3>V.P. and<ФАМ7>A.V. accounts for 1 \ 3 of the living space.

According to the clarifications of the Plenum of the Supreme Court of the Russian Federation No. 14 of July 2, 2009, the right to demand the conclusion of a separate agreement is provided, which determines the procedure and amount of participation of each citizen living in an apartment in the costs of paying rent for residential premises and utilities, repair and maintenance of residential premises.

According to clause 5, part 3, article 67 of the Housing Code of the Russian Federation, a tenant of a residential premises under a social rental agreement is obliged to pay timely payments for residential premises and utilities.

Clause 4 of Article 73 of the Law of the City of Moscow dated January 27, 2010 No. 2 "Fundamentals of Housing Policy of the City of Moscow" if an agreement is not reached between citizens living in a residential building under social tenancy agreements on the procedure for paying for housing and utilities, the share of payments of each a citizen for housing and heating is determined in court.

Based on the foregoing, guided by Articles 193-199 of the Code of Civil Procedure of the Russian Federation, the court

DECIDED:

Claim <ФАМ3>A.N. to the Department of Municipal Property of the City of Moscow, State Budgetary Institution of the City of Moscow,<ФАМ7>A.V.,<ФАМ3>V.P. on the determination of the procedure for the use of residential premises, the determination of shares for payment of housing and communal services, the obligation to conclude a separate agreement for the separate calculation of payment for residential premises and utilities to partially satisfy.

Determine the sizes of the shares<ФАМ3>A.N.,<ФАМ7>A.V.,<ФАМ3>V.P. on payment of utilities for the use of residential premises with a total area of ​​54.1 sq.m., located at the address: Moscow, Boulevard *** as follows by type of service:

- "rent", "maintenance and repair of living quarters", "heating" - shares<ФАМ3>A.N.,<ФАМ7>A.V.,<ФАМ3>V.P. is determined to be equal to 1/3 of each of the amount of accruals made for each service.

- "radio", "antenna", "locking device" - shares<ФАМ3>A.N.,<ФАМ7>A.V.,<ФАМ3> <ИМЯ>make up 1/3 of the amount of charges made for each service, based on 54.1 sq.m. the total area of ​​the dwelling from the amount of charges made for each service.

- "ХВ \ ГВ \ water supply", "water disposal", "power supply" - shares<ФАМ3>A.N.,<ФАМ7>A.V.,<ФАМ3>V. are equal to the amount of accrual for 1 person.

The decision is the basis for the formation of the State Budgetary Institution of the MFC of the city of Moscow (its branch) of separate Unified Payment Documents for calculating fees for<ФАМ>to the previous personal account, but according to different payer codes.

The decision can be appealed to the Moscow City Court through the Tushinsky District Court of Moscow within a month.

Judge<ФАМ1>I.B.


This decision text is publicly available. All personal information is hidden.

CORRESPONDENCE DECISION

IN THE NAME OF THE RUSSIAN FEDERATION

Tagansky District Court of Moscow

composed of the presiding judge N.A. Kiseleva

under the secretary E. Parfenova,

Having considered in open court the civil case No. 2-1934 / 2012 on the claim of M. V. Kerasova against the State Property Code of the Tagansky District of Moscow, the Department of Housing Policy and Housing Fund of Moscow, R. M. Bondareva, L. V. Bondareva. on recognition by different families, determination of shares of payment for housing and communal services, the obligation to conclude an agreement and issue separate payment documents,

INSTALLED:

Plaintiff Kerasova M.The. applied to the court with this claim against the defendants. In support of the claim it is indicated that the plaintiff and defendants Bondarev R.M. and Bondareva L.V. live in a municipal apartment at:<адрес>, on the basis of a social tenancy agreement, the plaintiff was moved into the indicated area as a family member of the employer - the wife of R. Bondarev. In 2009, their marriage was dissolved in court. Living after divorce in the specified area, the plaintiff maintains a farm separate from the defendants, created new family, has an independent budget. Defendants Bondarev R.M. and Bondareva L.V. do not regularly participate in the payment of housing and communal services for the apartment, the plaintiff is forced to bear these costs in full, to pay the arising debt. Out of court, it was not possible to reach an agreement with the defendants on participation in the costs of paying for housing and communal services.

Based on the above, the plaintiff asks the court (taking into account the clarifications):

Recognize Kerasova M.The. and defendants Bondareva R.M., Bondarevu A.The. different families;

Determine the shares for payment for housing and communal services for the residential premises at the address:<адрес>, in the following way:

For the plaintiff Kerasova M.The. - 1/3

For the defendant Bondarevym R.M. and Bondareva L.V. - 2/3,

and also the plaintiff asks the court to oblige the GKU IS of the Tagansky district of Moscow to conclude an agreement with her on participation in the costs of paying for the rent of the dwelling located at:<адрес>, in the amount of 1/3 of the size of the required payments and oblige GKU IS "EIRTs" district "Tagansky" Moscow to generate separate payment documents for Kerasova M.The. in accordance with the concluded agreement.

Plaintiff at present judicial sitting did not appear, was duly notified, sent her representative to the court by proxy Bessonov A.B., who, taking into account the clarification, supported the claim in full on the grounds set out in the claim.

Representatives of the defendants GKU IS Tagansky District of Moscow, DZhP and ZhF of Moscow did not appear at the hearing, the date, time and place of the hearing were duly notified.

Defendants Bondarev R.M. and Bondareva L.V. did not appear, the date, time and place of the hearing were duly notified, the reason for failure to appear was not reported, they did not ask for the consideration of the case in their absence, they did not submit written explanations or objections to the claim, they did not send their representatives to the court.

With such data and with the consent of the plaintiff's representative, the case was considered in absentia.

The court, after hearing the explanations of the plaintiff's representative, having examined the materials of this civil case, finds the claim justified and subject to partial satisfaction on the following grounds.

During judicial trial installed.

Controversial living space is a separate municipal two-room apartment No. located at:<адрес>(l.d. 15).

In accordance with the contract of social rental of residential premises No. from<дата>, said apartment provided to the defendant Bondareva A.The. (employer) and members of her family Bondarev R.M. (son), E. (aunt) with the inclusion of the person in possession in the contract - B. (son's wife) (p. 18-19).

On this living space registered: tenant - plaintiff Kerasova M.The. - with<дата>, defendant Bondarev R.M. - with<дата>, defendant Bondareva A.The. - with<дата>(l.d. 24). In fact, they live in this apartment.

By the effective court decision dated<дата>The magistrate of the judicial district, the marriage between the plaintiff and the defendant Bondarev R.M. was dissolved (p. 20).

These circumstances are confirmed by the explanations of the plaintiff's representative, the materials of this civil case, were not disputed, the court did not raise doubts.

In accordance with Article 153 Clause 1 of the RF LC, citizens are obliged to pay in full and on time for housing and utilities.

By virtue of Part 1 and Part 4 of Art. 154 of the Housing Code of the Russian Federation, payment for residential premises and utilities for a tenant of residential premises occupied under a social tenancy agreement or a residential tenancy agreement for state or municipal housing stock, includes:

1) payment for the use of residential premises (rent);

2) payment for the maintenance and repair of a dwelling, including payment for services and work on the management of an apartment building, maintenance and current repair of common property in an apartment building. Major overhaul common property in an apartment building is held at the expense of the owner of the housing stock;

3) payment for utilities.

Utility bills include payments for cold and hot water supply, sewerage, electricity, gas supply (including the supply of domestic gas in cylinders), heating (heat supply, including the supply of solid fuel in the presence of stove heating).

In accordance with Art. 69 of the RF LC, family members of the tenant of the residential premises under the social tenancy agreement have equal rights and obligations with the tenant. The family members of the tenant of the living quarters who are legally capable and have limited legal capacity by the court under the social tenancy contract shall be jointly and severally liable with the tenant for the obligations arising from the social tenancy contract.

If a citizen has ceased to be a family member of the tenant of the dwelling under a social tenancy agreement, but continues to live in the occupied dwelling, he retains the same rights as the tenant and his family members have. The specified citizen is independently responsible for his obligations arising from the relevant social employment contract.

In accordance with Article 31 of the Law of the City of Moscow "Fundamentals of the Housing Policy of Moscow", citizens living in a dwelling under a social tenancy agreement as family members enjoy all the rights and bear all obligations under the agreement on an equal basis with the citizen with whom the agreement has been concluded social recruitment. Legally capable, as well as legally limited family members living in a dwelling under a social tenancy agreement, are jointly and severally liable with the citizen who entered into a social employment agreement for the obligations arising from this agreement.

If a citizen has ceased to be a family member of a citizen with whom a social employment agreement has been concluded, but continues to live in the occupied dwelling, he retains the same rights as a citizen with whom a social employment agreement has been concluded and his family members.

A citizen who has ceased to be a family member of a citizen with whom a social employment contract has been concluded is independently liable for his obligations arising from the relevant contract.

According to part 4 of article 73 of the Law of the City of Moscow "Fundamentals of Housing Policy of Moscow", if an agreement is not reached between citizens living in a dwelling under contracts of social hiring, hiring, on the procedure for paying for housing and utilities, the share of payments of each citizen for housing the premises and heating are determined in court.

According to the explanations of the Plenum of the Supreme Court of the Russian Federation (Decree No. 14 of 02.07.2009), Part 4 of Article 69 of the RF LC established the independent responsibility of a former family member of the tenant of a dwelling under a social tenancy contract, who continues to live in this dwelling, for his obligations arising from the corresponding social employment contract. Therefore, he has the right to demand from the landlord and the tenant to conclude a separate agreement with him, defining the procedure and amount of his participation in the costs of paying rent for residential premises and utilities, repair and maintenance of residential premises. The offer to conclude such an agreement may also come from the employer. Disputes arising in connection with the refusal of the lessor and (or) the tenant to conclude such an agreement or in connection with the failure to reach an agreement between the parties on its content are resolved in court.

The court, considering the above disputes, has the right, in relation to the provisions of parts 4, 5 of Article 155, Article 156 of the Housing Code of the Russian Federation and Article 249 of the Civil Code of the Russian Federation, to determine the procedure and amount of participation of a former family member of the tenant in the cost of housing and utilities, based on the amount owed to him. share of the total area of ​​the residential premises, with the imposition of the obligation on the lessor (management organization) to conclude an agreement with the former family member of the tenant and issue him a separate payment document for payment of residential premises and utilities. If there is an agreement between the persons living in a dwelling under a social tenancy agreement on determining the procedure for using this dwelling (for example, a former family member of the tenant uses a separate room in the apartment), then the above costs can be determined by the court taking into account this circumstance.

Analyzing the above provisions of the law in conjunction with the factual circumstances established in the case, the court considers the claims of the plaintiff Kerasova M.The. subject to satisfaction in part and determines the size of participation of the plaintiff and defendants Bondareva R.M., Bondarevoj A.The. in the costs of paying for housing and communal services, proceeding from the attributable to the plaintiff Kerasova M.V., on the one hand, and defendants Bondareva R.M., Bondareva L.V., on the other hand, the share of the total living space (1 / 3 - the share of the plaintiff, 2/3 - the share of the defendants R.M. Bondarev and L.V.).

Thus, evaluating the evidence collected in the case in their totality and in conjunction with the cited legislation, the court finds the claims of Kerasova M.The. subject to partial satisfaction, in connection with which the court determines the shares to pay for housing and communal services for a residential premises in the form of apartment No. located at:<адрес>, as follows: 1/3 share - for the plaintiff Kerasova M.V., 2/3 shares - for the defendants R.M. Bondarev and L.V.Bondareva.

As for the claims Kerasova M.The. on the obligation of the GKU IS of the Tagansky District of Moscow to conclude with her (Kerasova M.V.) a separate agreement on the payment of housing and communal services for the residential premises in the form of apartment No. located at the address:<адрес>, and extradite Kerasova M.The. payment document for payment of housing and communal services in accordance with its share in the amount of 1/3, then the court also finds them subject to satisfaction.

Regarding the claims of the plaintiff Kerasova M.The. on the recognition of her (Kerasova M.The.) and defendants Bondareva R.M., Bondareva A.The. different families, the court rejects the claim in this part, since these requirements are not based on the norms of the current legislation.

Based on the foregoing, Art. 69, 155, 156 ZhK RF, part 4 of Art. 73 of the Law of the City of Moscow "Fundamentals of Housing Policy of the City of Moscow" and, guided by Articles 12, 56, 57, 67, 194-199, 233-237 of the Code of Civil Procedure of the Russian Federation, the court

Satisfy the claim partially.

Determine the shares for payment of housing and communal services for a dwelling in the form of apartment No. located at:<адрес>:

1/3 share - for M.V. Kerasova;

2/3 shares - for Bondarev R. M. and Bondareva L. V.

To oblige the GKU IS of the Tagansky District of Moscow to conclude an agreement with Kerasova M.V. on the payment of housing and communal services for a dwelling in the form of apartment No. located at:<адрес>, and issue MV Kerasova a payment document for payment of housing and communal services in accordance with her share in the amount of 1/3.

The rest of the claim is to be denied.

The defendants have the right to submit an application to the Tagansky District Court of Moscow for the cancellation of this court decision within seven days from the date of delivery of a copy of this decision to them.

The decision in absentia may be appealed on appeal to the Moscow City Court within a month after the expiration of the time period for the defendants to submit an application to cancel this court decision, and if such an application is filed, within a month from the date of the court's decision to refuse to satisfy this statements.