The concept of "specialized houses" first appeared in the Law on the Fundamentals of the Federal Housing Policy (Articles 1 and 12), which determined that these houses are intended for the residence of certain categories of citizens in the manner and under the conditions established by the legislation of the Russian Federation and its subjects.

The RF ZhK uses the concepts of "specialized housing stock", "specialized living quarters".

Specialized living quarters include:

Office living quarters;

Living quarters in hostels;

Residential premises of a flexible fund;

Living quarters in the houses of the social service system for the population;

Living quarters of the fund for the temporary settlement of internally displaced persons;

Living quarters of the fund for the temporary settlement of persons recognized as refugees;

Living quarters for social protection of certain categories of citizens.

The residential premises of the state and municipal housing stock are used as specialized residential premises. The use of a dwelling as a specialized dwelling is allowed only after referring such a dwelling to a specialized housing stock in compliance with the established requirements. In this case, the assignment of residential premises to a specialized housing stock is not allowed if the residential premises are occupied under contracts of social tenancy, rental of residential premises that are in state or municipal ownership of the housing stock for commercial use, lease, as well as if there are encumbrances of rights to this property.

The inclusion of residential premises in a specialized housing stock with the assignment of such premises to a certain type of specialized residential premises and the exclusion of residential premises from the specified stock are carried out on the basis of decisions of the management body of the state or municipal housing stock.

In accordance with clause 13 of the above Rules, for the assignment of residential premises to a certain type of residential premises of a specialized housing stock, the applicant submits the following documents to the management body:

Application for classifying residential premises as a certain type of residential premises of specialized housing stock;

A document confirming the right of ownership or the right of economic management or operational management of the residential premises;

Technical passport of the dwelling;

Conclusion on the compliance of the dwelling with the requirements presented to it.

The specified application is considered by the management body within 30 days from the date of submission of documents.

Specialized residential premises are not subject to alienation, lease, lease, with the exception of the transfer of such premises under the relevant lease agreements.

§ 2. Use of office living quarters

In recent years, after the adoption of legislation regulating the formation of the housing market, and, as a result, a significant increase in the private housing stock, cases of the inclusion of residential premises located in houses belonging to joint-stock companies, limited liability companies, cooperatives and other owners of housing premises in the number of there are practically no service ones. This circumstance is by no means explained by the lack of the need for private legal entities to provide housing for the duration of the employment relationship. The fact is that such legal entities have wider rights to residential premises than subjects of state or municipal property. They can (and are solving) the problems with housing for temporary settlement by citizens by concluding commercial lease agreements with them or by entering the relevant clauses in the employment contract (agreement), which stipulates the conditions and duration of residence.

Taking into account the above, in our opinion, at present, office living quarters can be determined as premises located in the houses of state and municipal housing stock and intended for settlement by citizens who, due to the nature of their labor relations, must live in the immediate vicinity of the place of work... Office living quarters may also include premises provided to persons holding elective positions, working under contracts or fixed-term employment contracts, certain categories of military personnel, as well as other persons provided for by the legislation of the Russian Federation and its subjects.

The legislator accepted the prevailing socio-economic realities in Art. 93 of the RF ZhK directly indicated that office living quarters are intended for citizens to live in connection with the nature of their labor relations with a state authority, a local government body, a state unitary enterprise, a state or municipal institution, in connection with the passage of service, in connection with appointment to a public office of the Russian Federation or a public office of a constituent entity of the Federation, or in connection with election to elective offices in public authorities or local self-government bodies.

Based on Art. 104 of the RF LCD, office living quarters are provided to citizens in the form of separate apartments.

The contract for the lease of office premises is concluded for the period of labor relations, service or being in a public office of the Russian Federation, a public office of a constituent entity of the Federation or in an elective office. Termination of labor relations or holding a public office of the Russian Federation, public office of a constituent entity of the Federation or an elective office, as well as dismissal from service are grounds for termination of the contract for the lease of office premises.

Currently, the persons who can be provided with office living quarters include:

1) locksmiths, janitors, caretakers;

2) postmen;

3) workers and employees employed at work on the operation of gas systems;

4) the personnel of housing maintenance organizations who have accepted the fund of the housing construction cooperative for servicing, etc.

Only vacant living quarters can be included in the number of service premises. At the same time, as a rule, separate apartments are allocated for office premises.

The premises are included in the number of office premises with the determination of the grounds for use by the decision of the state body or local self-government body that manages the state or municipal housing stock, respectively, on the territory of which the given housing is located. In this regard, the referring of premises to official housing by an act of the administration of an enterprise or institution, which is encountered in practice, has no legal significance. The dwelling is considered to be a service dwelling from the time of approval by the authority indicated above. The exclusion of a dwelling from the category of service dwellings is made by a decision of the same body on the basis of an application from the organization that owns the corresponding dwelling.

Employers of office premises have significantly less rights than tenants of residential premises in social housing stock. The former cannot exchange the dwellings they occupy, privatize their dwellings (with the exception of state farm dwellings, as mentioned above). In addition, the contract of lease of office dwelling, in contrast to the "simple" contract of housing lease, is urgent, it cannot be changed, and so on.

Family members of the tenant of office living quarters in accordance with Part 2 - 4 of Art. 31 and h. 5 of Art. 100 ZhK RF have an equal right with the tenant to use the dwelling, unless otherwise provided by an agreement between them. In the event of the termination of family relations between the tenant of the office living space and a member of his family, the right to use the office living space for the former family member of the employer, as a general rule, is not retained (part 4 of article 31 of the RF LC). The Housing Code of the Russian Federation establishes general and special rules in relation to persons living in service housing who have terminated their employment with the organization that provided it.

As a general rule, citizens who have terminated their labor relations with an organization are subject to eviction from the office living quarters of this organization with all persons living with them without providing other living quarters.

Housing legislation provides for a special procedure for the provision and release of residential premises for specialized housing stock.
According to Art. 99 ZhK RF specialized residential
premises are provided to citizens who are not provided
housing in the corresponding locality. An exception is made by citizens who are provided with living quarters of a flexible fund in connection with major repairs or reconstruction, where they occupy living quarters under a social tenancy agreement. Elderly citizens and people with disabilities also retain the living quarters of the state or municipal housing stock they occupy for six months from the date of admission to an inpatient facility. In cases where members of their families remained in residential premises, then during the entire period of stay in the institution.
Specialized living quarters are provided by the decision of the relevant authorities under contracts for the lease of specialized living quarters. Along with contracts for the lease of specialized residential premises for residential premises intended for the social protection of certain categories of citizens, the use of housing is provided for under contracts of gratuitous use, that is, without payment for accommodation.
In accordance with Art. 100 of the Housing Code of the Russian Federation under a contract for the lease of a specialized residential premises, one party - the owner of a specialized residential premises or a person authorized by him undertakes to transfer this residential premises to the other party for a fee into possession and use for temporary residence in it.
The landlord under the lease agreement for a specialized residential premises is the owner of the residential premises. An authorized public authority or an authorized local self-government body can act on its behalf. The tenant is the citizen indicated in the decision on the provision of such premises.
The lease agreement for specialized living quarters is concluded in writing. It defines the subject of the agreement, the essential conditions to which the indication of the family members of the tenant relates, and also regulates the rights and obligations of the parties to use the specialized residential premises, the grounds for terminating such an agreement.
The rules for the use of specialized residential premises shall be governed by the rules stipulated for the rights and obligations of the lessor, the obligations of the tenant, the rights and obligations of the family members of the tenant of the residential premises under social rental contracts. An exception to this rule is the use of office housing.
the premises to which the requirements provided for the rights and obligations of citizens apply,
living together with the owner in the residential premises belonging to him, the rights and obligations of the landlord, as well as the obligations of the tenant of the residential premises under a social tenancy agreement.
In accordance with the Rules for the Classification of Residential Premises as a Specialized Housing Stock, the tenant for
the contract of lease of specialized living quarters has the right: to use the living quarters for living, including with family members; for the use of common property in an apartment building; the inviolability of the home and the inadmissibility of arbitrary deprivation of living quarters; to terminate this agreement at any time; to preserve the right to use when the ownership of this premises is transferred, to receive subsidies for payment for residential premises and utilities and other rights provided for by law.
The tenant is obliged to: use the dwelling for its intended purpose and within the limits established by the RF Housing Code; comply with the rules for the use of residential premises; ensure the safety of living quarters; maintain the living quarters in good condition; not to allow unauthorized reorganization or redevelopment of living quarters; carry out current repairs of living quarters; pay in a timely manner for the dwelling and utilities from the moment of the conclusion, move during the overhaul of a dwelling house with family members to another dwelling provided by the landlord; admit a representative of the lessor into the dwelling at a pre-agreed time to inspect the technical condition of the dwelling, sanitary and other equipment located in it, as well as to perform the necessary work; upon detection of malfunctions of the living quarters or sanitary-technical and other equipment located in it, immediately take possible measures to eliminate them and, if necessary, report them to the renter or to the appropriate operating or managing organization; to use the living quarters, taking into account the observance of the rights and legitimate interests of neighbors, fire safety requirements, sanitary and hygienic, environmental and other legal requirements; when vacating the dwelling, hand it over to the lessor within 3 days in good condition, pay the cost of the current repairs of the dwelling not made by the tenant and included in his duties, as well as pay off the arrears in payment for the dwelling and utilities; upon termination or termination of this agreement, to vacate the residential premises and other obligations provided for by law.
The contract for the lease of specialized residential premises provides that the temporary absence of the tenant and his family members does not entail a change in their rights and obligations.
The tenant does not have the right to exchange living quarters, as well as to sublet it.
Family members of the tenant have the right to use the dwelling on an equal basis with the tenant, unless otherwise provided by an agreement between them. The family members of the tenant are obliged to use the office premises for their intended purpose and to ensure their safety. Legally capable family members of the tenant are jointly and severally liable with the tenant for the obligations arising from the use of the dwelling, unless otherwise provided by an agreement between
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them. In the event of termination of family relations with the tenant, the right to use the living space for the former family members is not retained, unless otherwise provided by agreement.
The landlord has the right: to demand timely
payment for housing and utilities; demand termination of this agreement in cases of violation by the tenant of the housing legislation and the terms of the agreement; make a decision on the privatization of residential premises and other rights provided for by law.
The landlord is obliged: to transfer the living quarters free from the rights of other persons and suitable for living in a condition that meets the requirements of fire safety, sanitary, hygienic, environmental and other requirements; take part in the proper maintenance and repair of common property in an apartment building in which the dwelling is located; carry out major repairs of living quarters; provide the tenant and members of his family with a living space of a flexible fund for the time of major repairs or reconstruction of a residential building without terminating the contract; inform about the overhaul or reconstruction of the house no later than 30 days before the start of work; take part in the timely preparation of a residential building, sanitary-technical and other equipment located in it for operation in winter conditions; ensure the provision of utilities to the tenant; to accept the living quarters within the terms established by the contract; provide other residential premises in connection with the termination of the contract to citizens who have the right to provide other residential premises and other obligations stipulated by law.
In accordance with p. 101 of the RF LC, the employment contract
specialized residential premises can be terminated at any time by agreement of the parties, as well as at the initiative of the tenant. On the initiative of the landlord, the contract can be terminated only in court, provided that the tenant and his family members living with him do not fulfill the obligations under the contract, do not pay for the dwelling or utilities, destroy the provided dwelling, systematically violate the rights and legal interests of neighbors, which makes it impossible to cohabit, use the dwelling for other purposes.
The lease agreement for specialized residential premises is terminated due to the loss of residential premises or for other reasons provided for by the RF LC. The transfer of ownership of the office living quarters or residential premises in a hostel, as well as the transfer of residential premises to economic management or operational management to another legal entity entails termination of the lease agreement for such residential premises, unless the new owner of such residential premises or legal entity to whom such a dwelling is transferred is a party to an employment contract with an employee who is the tenant of such dwelling.
In accordance with Art. 103 of the RF LC in cases of termination or termination of contracts for the lease of specialized residential premises, citizens must vacate the residential premises that they occupied under such contracts. In case of refusal to vacate such residential premises, these citizens are subject to eviction in court without providing other residential premises, with the exception of cases provided for the change of the owner of hostels and office premises
Those who are not tenants of residential premises under social tenancy agreements or family members of the tenant of residential premises under a social tenancy agreement, or the owners of residential premises or family members of the owner of residential premises and who are on registration as those in need of living quarters:
family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs bodies of the Russian Federation, state fire service bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the criminal executive system, who died or disappeared during performance of military service duties or official duties;
old age pensioners;
family members of an employee who was provided with office accommodation or dormitory accommodation and who died;
disabled people of groups I or II, whose disability occurred as a result of work injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled from the number of military personnel who became disabled of groups I or II due to injury, concussion or injuries sustained in the performance of military service duties or as a result of an illness associated with the performance of military service duties.
The above citizens are provided with other living quarters, which must be located within the
the corresponding settlement, the eviction of which is carried out by the previous owner or legal entity transferring the corresponding living quarters.
Procedure for provision and use
specialized living quarters has distinctive features depending on the type of living quarters and its purpose.
According to Art. 93 of the RF LC, citizens who, due to the nature of their labor relations, must live at the place of work or in the vicinity of it, by decision of the administration of the enterprise, institution, organization are provided
specialized service apartments or separate rooms from the appropriate housing stock.
Based on the decision taken for the period of labor
relationship, service or being on
a public office of the Russian Federation, a public office of a constituent entity of the Russian Federation or an elective office, a contract for the lease of office premises is concluded.
Family members of a person who has received a service dwelling do not acquire an independent right to use this dwelling. Their rights are derived from the rights of the person who has acquired the office premises in connection with the employment relationship. They have the right to use the premises on an equal basis with the tenant, as long as he has not lost labor ties with the organization that provided this premises.
Persons living in office premises do not have a number of powers that are granted to citizens using the premises under social rental contracts. They do not have the right to sublet these premises, exchange, change the contract for the lease of office premises at the request of the family members of the tenant.
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In the event of termination of labor relations with an organization, institution, enterprise that provided office housing, the tenant and his family members are subject to eviction
Living quarters in hostels are specialized living quarters intended for short-term residence of citizens who moved in in connection with work at an enterprise, institution or organization or study at an educational institution that owns this hostel. Dormitories are used for accommodation of seasonal, temporary workers, persons working on a fixed-term employment contract, other workers, employees, students, students, as well as other citizens.
Living space in a hostel is provided to citizens by decision of the administration of an enterprise, institution or organization in charge of the hostel for the period of work or study at the rate of at least six square meters of living space per person under a dormitory lease agreement.
Those living in the hostel are limited in the right to dispose of the occupied living space; they have no right to demand the division, allotment, exchange of living space, moving in other family members, or subletting. They were given a number of additional powers related to the specifics of living: the use of furniture, bedding
accessories, other household items and cultural and household items.
The contract for the lease of living quarters in a hostel is concluded for the period of labor relations, service or training. Termination of labor relations, studies, as well as dismissal from service is the basis for termination of the contract with subsequent eviction.
In accordance with Art. 95 ZhK RF residential premises of the mobile fund are provided:
premises that are subject to major repairs or reconstruction; to citizens who have lost their living quarters as a result of foreclosure on residential premises that were acquired at the expense of a lender of a bank or other credit institution or funds of a target loan provided by a legal entity for the purchase of residential space, and are pledged to secure the return of a loan or target loan, if the moment of foreclosure, such living quarters are the only ones for them; citizens whose only living quarters have become uninhabitable as a result of extraordinary circumstances; other citizens in cases stipulated by law.
Residential premises of the mobile fund are provided at the rate of at least six square meters of living space per person on the basis of a lease agreement for residential premises of the mobile fund, concluded for the period: until the completion of major repairs or reconstruction of the house; until the completion of settlements with citizens who have lost the living quarters on which the collection was levied; until the completion of settlements with citizens whose only living quarters became unsuitable for living as a result of extraordinary circumstances, in the manner prescribed by the RF Housing Code and other regulatory legal acts, or until they are provided with residential premises of the state or municipal housing stock in the cases and in the manner provided for by the Housing Code RF.
The expiration of the period for which the contract for the lease of residential premises of the flexible fund is concluded is the basis for the termination of this contract.
Residential premises in the houses of the social service system are created and provided by federal, regional or municipal social protection authorities. Such specialized houses are intended for the residence of citizens who, in accordance with the legislation, are classified as citizens in need of special social protection with the provision of medical and social services to them. These categories of citizens include: disabled people, the elderly, disabled children, orphans, as well as children left without parental care, and disabled children in need of medical care and other persons.
In accordance with the Law of the Russian Federation "On Social Services for Elderly and Disabled Citizens", elderly citizens: women over 55 years old, men over 60 years old, disabled people, including disabled children who need permanent or temporary outside assistance in connection with partial or the complete loss of the opportunity to independently satisfy their basic life needs due to the limitation of the ability to self-service or to move, have the right to social services.
Social services for elderly citizens and disabled people are carried out by decision of the bodies of social protection of the population in their subordinate institutions under contracts concluded by social protection bodies with social service institutions of other forms of ownership.
Citizens are placed in inpatient social service institutions on the basis of a written application, and persons under the age of 14, as well as persons declared incapacitated on the basis of a written application from their legal representatives on a gratuitous basis under an inpatient service agreement.
Citizens living in stationary social service institutions have the right to: provide them with living conditions that meet sanitary and hygienic requirements; nursing, primary health care and dental care provided in an inpatient social service institution; for an isolated dwelling, if the spouses are accommodated in a stationary institution for their cohabitation, the preservation of the dwelling they occupy under a lease agreement in the houses of state, municipal funds for six

months from the date of admission to an inpatient social service institution. In case of refusal from the services of a stationary social service institution after the expiration of the specified period, elderly citizens and people with disabilities who vacated living quarters have the right to an extraordinary provision of living quarters. If they cannot be returned to their previously occupied living quarters.
According to Art. 17 of the Federal Law of the Russian Federation of November 24, 1995 No. 181-FZ "On social protection of disabled people in the Russian
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Federation "as amended on December 1, 2007, living quarters are provided to disabled people, families with disabled children, taking into account the state of health and other deserving circumstances.
The inpatient service contract is terminated on the basis of refusal from the services of the inpatient institution of citizens upon a written application from them or their legal representatives.
Citizens living in stationary social service institutions and constantly violating the established order of residence in them can, at their request or by a court decision, adopted on the basis of the institution's administration, be transferred to special stationary social service institutions.
The housing fund for the temporary settlement of persons recognized as refugees, internally displaced persons and members of their families is a collection of residential premises, including residential buildings, apartments, hostels and other residential premises intended for temporary residence in the territory of the Russian Federation of persons recognized as refugees, internally displaced persons , during the period of their recognition as refugees, internally displaced persons.
Residential premises from the housing fund are provided to persons recognized as refugees, forced migrants and registered, if they or members of their families do not have living quarters provided to them under a lease agreement or owned by them by right of ownership on the territory of the Russian Federation.
The registration of persons recognized as refugees, internally displaced persons in need of housing is carried out by the commission of the territorial body for migration on the distribution of housing at the location of these persons registered as refugees, internally displaced persons. When a person recognized as a refugee, forced migrant is admitted to the register of those in need of housing, the members of his family, recognized in the established manner as refugees, forced migrants, as well as their minor children are taken into account. A person recognized as a refugee, forced migrant submits an application to the commission to register those in need of housing. The commission examines the application and makes a decision on the acceptance of the applicant for registration in need of residential premises or on the refusal to register.
Persons recognized as refugees, internally displaced persons, who are registered in need of housing, are obliged to inform the commission about changes in the circumstances affecting the decision on the provision of housing.
The grounds for the commission's decision to remove a person recognized as a refugee, forced migrant from the register of those in need of housing are: personal statement; changes in housing conditions, as a result of which the grounds for registration have been lost, including the receipt, purchase, rent of other housing in the housing stock of any kind; loss or deprivation of the refugee, forced migrant status in accordance with the established procedure; deregistration of the territorial body for migration issues in connection with departure to a new place of stay outside the given constituent entity of the Russian Federation; identification in the submitted documents of information that does not correspond to reality, which served as the basis for registering those in need of residential premises.
Accommodation is provided on a first come, first served basis. The decision on granting a living quarters to a person recognized as a refugee, an internally displaced person is made by the commission at the place of registration of those in need of living quarters. A person recognized as a refugee, forced

the migrant is notified of the decision taken in writing, indicating the time of arrival at the territorial migration authority for the registration of documents for resettlement.
Residential accommodation is provided to a person recognized as a refugee, forced migrant based on the calculation of six square meters of living space per person. The territorial body on migration issues with a person recognized as a refugee, forced migrant, an agreement on the hiring of a specialized fund for the temporary settlement of persons recognized as refugees, forced migrants. The family members of the deceased tenant retain the right to use the living quarters of their fund for temporary settlement until the expiration of their status of forced migrants and refugees.
Persons living in residential premises from the housing stock do not have the right to: privatize these residential premises;
exchange or otherwise dispose of living quarters; sublet living quarters; to carry out the division of the occupied living quarters; move in temporary residents without the permission of the territorial migration authority.
The rental agreement is terminated early: upon application
an employer; as well as at the initiative of the landlord in court in the event of: loss or deprivation of refugee status, forced migrant; obtaining or purchasing other housing; absence without good reason for more than 6 months; revealing in the submitted documents information that does not correspond to reality, which served as the basis for the provision of housing; violation of the rules for the use of residential premises and on other grounds provided for by the RF LC. Upon the expiration of the term of the lease agreement or upon its early termination, the persons living in the dwelling are obliged to release it and hand it over to the lessor. In case of refusal from voluntary release, these persons are subject to eviction through the courts without providing other living quarters.

The use of residential premises is carried out taking into account the observance of the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic, environmental and other legal requirements, as well as in accordance with the Rules for the Use of Residential Premises (hereinafter referred to as the Rules) approved by the Government Decree of 01/21/2006 No. 25.

A dwelling is an isolated dwelling, which is immovable property and which is intended and suitable for permanent residence of citizens. Accommodation in residential premises of industrial production is not allowed. However, a dwelling can be used by citizens living in it for professional activities or individual entrepreneurial activities, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the dwelling must meet.

The users of residential premises are:

1. the tenant of the dwelling and his family members - under the contract of social lease of the dwelling;

2. the tenant and citizens permanently residing with the tenant - under the contract for the lease of residential premises of the state and municipal housing funds for commercial use;

3. the tenant and his family members - under the contract for the lease of specialized living quarters;

4. the owner of the dwelling and his family members;

5. a member of a housing or housing construction cooperative and members of his family.

Use of residential premises under a social lease agreement for residential premises.

The right to use residential premises under a social rental agreement for residential premises arises on the basis of an agreement concluded (in writing) in accordance with the Model Agreement for the social rental of residential premises approved by the Government of the Russian Federation.

In an apartment building, the tenant and his family members have the right to use the common property in this building.

As a user of the living quarters, the tenant has the right:

1. to instill in the occupied living quarters of other persons;

2. to lease, with the consent (in writing) of the lessor and the members of his family living with the tenant, part or all of the dwelling;

3. to allow, by mutual agreement with the family members living together with the tenant, free-of-charge residence in the dwelling for citizens as temporary residents under the conditions established by the Housing Code (LC);

4. to carry out, with the consent (in writing) of the lessor and the members of his family living with the tenant, the exchange of the occupied dwelling for the dwelling occupied by another tenant under the contract of social lease of dwelling;

5. to demand from the landlord timely overhaul of the residential premises, proper participation in the maintenance of the common property in the apartment building, as well as the provision of utilities.

The tenant-user of residential premises is obliged:

1.Use the living space for its intended purpose and within the limits established by the RF Housing Code;

2. to use the residential premises, taking into account the observance of the rights and legitimate interests of citizens living in the residential premises, neighbors;

3. to ensure the safety of the dwelling, not to allow the performance of work in the dwelling or the commission of other actions leading to its damage;

4. maintain the proper condition of the living quarters, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the living quarters, entrances, elevator cabins, staircases, in other common areas, ensure the safety of sanitary and technical and other equipment, as well as comply with the requirements of paragraph 6 of these Rules;

5. Immediately take possible measures to eliminate detected malfunctions of the living quarters or sanitary-technical and other equipment;

6. to carry out current repairs of the living quarters;

7. Make payments for housing and utilities in a timely manner.

8. to inform the lessor, within the terms established by the contract of social rental of residential premises, about changes in the grounds and conditions affecting the use of residential premises;

9.to allow, at a pre-agreed time, the landlord's employees or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the living quarters, sanitary and other equipment located in it, as well as to perform the necessary repair work ;

10. not to carry out the reconstruction and (or) redevelopment of the living quarters in violation of the established procedure;

11. upon termination of the right to use the dwelling, surrender the dwelling, sanitary-technical and other equipment in it, in good condition to the lessor under the deed, pay the cost of the repair of the dwelling, the sanitary-technical and other equipment in it, not made by the tenant, or make repairs at your own expense, as well as pay off arrears in payment for housing and utilities.

Use of residential premises under a contract of lease of specialized residential premises

Specialized living quarters can be designed for:

• residence of citizens for the period of work, service, training;
• temporary residence of citizens in connection with major repairs or reconstruction of the house;
• temporary residence of citizens in connection with the loss of living quarters as a result of foreclosure;
• temporary residence of citizens in connection with the unsuitability of the living quarters for living as a result of extraordinary circumstances;
• residence of citizens in need of social protection with the provision of medical and social services;
• residence of citizens recognized as internally displaced persons and refugees;
• temporary residence of citizens in need of special social protection;
• residence of citizens in connection with election to elective offices or appointment to public office.

As a user of a specialized living space, the tenant also uses common property in an apartment building

The obligations of the tenant of a specialized premises are, in principle, the same as those of an employer under a social tenancy agreement and are as follows:

1. use the dwelling for its intended purpose and exercise the use of the dwelling, taking into account the observance of the rights and legitimate interests of citizens and neighbors living in the dwelling;

2. to ensure the safety of the dwelling, to prevent the performance of work in the dwelling or the commission of other actions leading to its damage;

3. maintain the proper condition of the living quarters, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the living quarters and common areas, ensure the safety of sanitary and other equipment;

4. Immediately take possible measures to eliminate detected malfunctions of the living quarters or sanitary-technical and other equipment;

5. to carry out current repairs of the living quarters;

6. make timely payments for housing and utilities;

7. not to carry out the reconstruction and (or) redevelopment of the living quarters in violation of the established procedure.

When using a specialized dwelling, the tenant is not entitled to exchange the occupied dwelling, as well as to lease it.

Use of a dwelling in an apartment building by the owner of the dwelling and his family members living with him

The owner of a dwelling in an apartment building uses the dwelling for its intended purpose and within the limits established by the residential complex. The owner also uses the common property in the apartment building.

The obligations of the owner of the dwelling are as follows:

1. use the living quarters for their intended purpose and ensure the safety of the living quarters;

2. maintain the proper condition of the living quarters;

3. to bear the costs of maintaining the living quarters belonging to him, as well as to participate in the costs of maintaining common property in an apartment building by paying a fee for the maintenance and repair of the living quarters;

4. Make timely payments for the maintenance and repair of the residential premises, including payments for services and work on the management of an apartment building, maintenance, current and major repairs of common property in an apartment building, and payment for utilities.

Use of residential premises under a contract of lease of residential premises for state and municipal housing funds for commercial use

As a user of the living quarters, the tenant has the right to:

1. to instill, by mutual agreement with the landlord and citizens permanently residing with the tenant, into the dwelling of other citizens as permanent residents of the tenant;

2. to allow, by mutual agreement with citizens permanently residing with the tenant, and with prior notification of the landlord, free-of-charge residence in the dwelling of temporary tenants;

3. transfer, with the consent of the lessor, part or all of the dwelling for sublease.

In an apartment building, the tenant and citizens permanently residing with the tenant also use the common property of the apartment building.

As a user of the living quarters, the tenant is obliged to:

1. use the dwelling only for living and ensure its safety;

2. to maintain the living quarters in good condition;

3. not to carry out reorganization and reconstruction of residential premises without the consent of the lessor;

4. make payments for housing and utilities in a timely manner;

5. to carry out current repairs of the living quarters.

The legal definition of the housing stock, its types and accounting procedures are determined in Art. 19 of the Housing Code of the Russian Federation, according to which a specialized housing stock is a set of residential premises of state and municipal housing stock intended for living of certain categories of citizens and provided according to the rules of the Housing Code of the Russian Federation.

Depending on the purpose of the purpose of residential premises in Part 1 of Art. 92 ZhK RF determined list of types of premises related to residential premises of specialized housing stock:

1) office living quarters;

2) living quarters in hostels;

3) living quarters of the maneuverable fund;

4) living quarters in houses of the social service system for the population;

5) living quarters of the fund for temporary settlement of forced migrants;

6) living quarters of the fund for the temporary settlement of persons recognized as refugees;

7) living quarters for social protection of certain categories of citizens.

Part 2 of Art. 92 of the RF LC defines the conditions under which residential premises can be used as specialized residential premises. These conditions include:

1) the relevance of the dwelling to the state or municipal housing stock. The provision of residential premises of a private housing stock as specialized is not allowed. The state housing stock of the RF LC (part 2 of article 19 of the RF LC) includes the totality of residential premises owned by the RF (housing stock of the RF) and residential premises owned by the RF constituent entities (housing stock of RF constituent entities). Municipal housing stock unites all those residential premises that are owned by citizens by right of ownership;

2) passing by the living quarters of the procedure for referring it to a specialized housing stock.

Article 92 of the Housing Code of the Russian Federation defines the following procedural conditions for classifying a premises as a specialized housing stock: the inclusion of residential premises in a specialized housing stock and the exclusion of such premises from the specified fund are carried out on the basis of decisions of the body that manages state or municipal housing stock. The decisions of the above bodies should contain provisions on the classification of residential premises as a certain type of specialized residential premises.

The right to use residential premises in specialized housing stock is limited. Thus, the state or a municipality can provide these premises only under contracts of social lease, cannot alienate them under contracts of purchase and sale.

Article 93 of the RF LC determines the purposes of using residential premises of a specialized housing stock.

These living quarters are intended for the residence of citizens associated with certain relations with the state bodies and organizations listed in the article. This kind of relationship arises when hiring for state unitary enterprises, passing the state civil or municipal service, in connection with the appointment to a public office of the Russian Federation or a public office of a constituent entity of the Russian Federation, as well as in cases of election to elective offices. Such relations are regulated by the Labor Code of the Russian Federation of December 30, 2001 No. 197-FZ (Labor Code of the Russian Federation) and other special federal laws.

These organizations include:

1) public authorities;

2) local government bodies;

3) state unitary enterprises;

4) municipal institutions.

2. Grounds for the provision of specialized residential premises

The provision of residential premises from a specialized housing stock occurs in the following order.

1. Acceptance decisions of owners such living quarters. In this case, the owner is legally represented by state authorities or local self-government bodies, since public entities do not make decisions on their own (Article 125 of the Civil Code of the Russian Federation).

2. Conclusion with citizens of a lease agreement for such premises. Residential premises from the specialized housing stock are provided only to those citizens who need it, that is, they do not have living quarters in the corresponding settlement. The section of the RF LC, dedicated to the specialized housing stock, determines the purpose of the residential premises of the specified fund: temporary residence of citizens who are not provided with residential premises in a given settlement, in connection with certain circumstances.

The Housing Code of the Russian Federation establishes certain requirements for the lease agreement for residential premises. The contract for the lease of specialized residential premises is not concluded with citizens who are provided with premises from the state or municipal housing stock in the manner of social protection.

The Housing Code of the Russian Federation establishes the general terms of the contract for the lease of specialized residential premises. The specific provisions of such an agreement depend on the status of the selected premises and the tenant. The parties to the contract for the lease of premises of a specialized housing stock are the landlord (an authorized government body, an authorized local government body or persons authorized by it, acting on behalf of the owner of the specialized residential premises) and the tenant (a citizen who is provided with the specified residential premises (clause 1 of article 60 of the RF LC )).

The specified contract is urgent and onerous. Residential premises are provided for a certain fee and temporarily, as a rule, for a period that coincides with the time of the citizen's work or other circumstances in connection with which the citizen has the right to conclude such an agreement.

A contract for the lease of a specialized dwelling is concluded only on the basis of a decision on the provision of such dwelling. Acting on behalf of the owner of a specialized residential premises, an authorized state authority, an authorized local government body or a person authorized by it has the right to conclude the above agreement only after a decision has been made on the provision of such residential premises by the relevant bodies or authorized persons.

Subject a lease agreement for a specialized dwelling may be an isolated dwelling (house, part of a house, apartment, part of an apartment). However, there is an exception to this rule - the provision of housing in hostels, where living quarters are provided at the rate of at least 6 m2? living space for one person (part 1 of article 105 of the RF LC). Accommodation in a hostel allows several persons who are not related to family relations to move into one room.

Compared to other contracts for the lease of residential premises, this contract imposes certain restrictions on the tenant. Thus, the tenant does not have the right to sublet the dwelling of the specialized housing stock and carry out barter transactions with it. The rules for the use of specialized residential premises are as follows: the rights and obligations of the landlord, with the exception of the above, repeat the rights and obligations of the landlord under a regular social tenancy agreement.

Under a social lease agreement for residential premises, the landlord has the right to demand the timely payment of payment for the use of the residential premises.

The landlord of a dwelling under a social tenancy agreement has such obligations as:

1) the transfer to the tenant of a dwelling that is free from any rights of other persons (for example, the right to lease);

2) provision and direct participation in the proper maintenance and repair of common property in an apartment building in which the rented residential premises are located;

3) production of overhaul of the living quarters;

4) assistance in the provision of utilities to the tenant in sufficient quantity and proper quality (part 1 of article 60 of the RF LC).

One of the conditions of the contract for the lease of a specialized dwelling is the indication in this contract of the family members of the renter of the specialized dwelling. And, accordingly, they bear the rights and obligations together with the employer according to the rules established by Section IV of the RF LC.

According to Art. 69 of the RF LC, family members of the tenant of a specialized residential premises under a lease agreement include his spouse living with him, as well as children and parents. Other persons (other relatives, disabled dependents) are recognized as family members of the tenant of a specialized dwelling under a lease agreement, if they are moved in as members of his family and keep a common household with him.

A rental contract for a specialized dwelling is concluded in a simple written form. The Government of the Russian Federation has the right to approve standard contracts for the lease of residential premises of specialized housing stock for certain categories of tenants.

Termination of the lease contract for specialized residential premises can be made by agreement of the parties at any time. According to Part 1 of Art. 101 of the Housing Code of the Russian Federation, the parties to such a lease contract have the right, by agreement, to terminate the contract for the lease of specialized residential premises concluded between them at any time. Within the meaning of the commented article, without agreement, this right can only be exercised by the employer. The lessor has the right only to apply with such an offer to the tenant, who may decide to terminate the contract concluded between them or refuse such an offer. In case of refusal, the lessor can terminate the contract only in court.

Part 2 of Art. 101 of the RF LC established the right of the tenant to terminate the lease agreement for the occupied specialized residential premises at any time. Accordingly, the tenant is obliged to inform the landlord about such a decision.

There are special procedures and conditions for terminating the lease contract for specialized residential premises at the initiative of the landlord... They are enshrined in Part 3 of Art. 101 LCD RF. The landlord can demand the termination of the specified contract exclusively in court.

The basis for such a requirement is the failure by the tenant and the members of his family living with him to fulfill the obligations under the contract for the lease of specialized residential premises (clause 4 of article 79 of the RF LC):

1) failure by the tenant to pay for residential premises and (or) utilities for more than six months;

2) destruction or damage to the living quarters by the tenant or other citizens for whose actions he is responsible;

3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same dwelling;

4) the use of residential premises for other purposes;

5) other cases provided for in Art. 83 of the LC RF (Article 83 of the LC RF).

At the request of the lessor, the contract for the lease of specialized residential premises may be terminated in the event that the tenant has arbitrarily made a reconstruction or redevelopment of the occupied premises, if, after a warning, this residential premises will not be restored to its previous state.

Grounds for termination of the contract for the lease of specialized residential premises:

1) loss of residential premises of specialized housing stock. Loss refers to the destruction of a dwelling. A residential building can be destroyed as a result of its demolition, collapse, natural disaster or other emergency, that is, we are talking about the destruction of the object of the lease agreement, and not at the will of the tenant. Of course, in the event of termination of the contract for the lease of a specialized residential premises in connection with the destruction of a residential building, the tenant and his family members are provided with another specialized residential premises with the conclusion of a similar lease agreement (part 1 of article 102 of the RF LC);

2) the termination of labor relations or tenure in an elective position, as well as dismissal from service is the basis for the termination of the contract for the lease of office premises. Termination of labor relations, service or training is the basis for termination of the contract for the lease of residential premises in a hostel (part 1 of article 103 of the RF LC);

3) the expiration of the period for which the contract for the lease of residential premises of the flexible fund has been concluded. Since the contract for the lease of living quarters for internally displaced persons and refugees is concluded for a certain period, its termination, respectively, is the basis for the termination of such an agreement (part 1 of article 103 of the RF LC);

4) transfer of ownership of office living quarters or premises in a hostel, transfer of such residential premises to economic management or management of another legal entity. The exceptions are cases when the tenant of this dwelling has an employment relationship with the new owner or legal entity to which such dwelling has been transferred (clause 2 of article 102 of the RF LC).

The law specifically regulates the process of eviction of citizens from specialized residential premises.

In itself, arbitrary deprivation of home contradicts Part 1 of Art. 40 of the Constitution of the Russian Federation, therefore, only a court can force a citizen to leave a dwelling.

However, Part 1 of Art. 103 of the Housing Code of the Russian Federation provides for the obligation of a citizen to leave the specialized residential premises he occupies in case of termination of the lease agreement on the grounds provided for by it.

As for the relations that arose before the introduction of the new Housing Code of the Russian Federation, in Art. 13 of the Federal Law "On the Enactment of the Housing Code of the Russian Federation" states that "citizens who live in office premises and residential premises in hostels provided to them before the entry into force of the Housing Code of the Russian Federation are registered as needing residential premises, provided under social employment contracts, or have the right to be on this account, cannot be evicted from these residential premises without providing other residential premises, if their eviction was not allowed by law before the entry into force of the Housing Code of the Russian Federation. "

The law distinguishes between eviction with the provision of another comfortable living quarters and without such provision.

According to Part 2 of Art. 103 ZhK RF cannot be evicted from office premises and residential premises in hostels without providing other residential premises not being by tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or by owners of residential premises or family members of the owner of residential premises and registered as needing residential premises:

1) family members of military personnel, officials, employees of internal affairs bodies, federal security service bodies, customs authorities of the Russian Federation, state fire service bodies, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penal system, dead (deceased ) or missing in the performance of military service duties or official duties;

2) old age pensioners;

3) family members of an employee who was provided with office living space or living quarters in a hostel and who died;

4) invalids of groups I or II, whose disability occurred as a result of work injury due to the fault of the employer, invalids of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled from among the military personnel who became invalids of groups I or II due to injury , concussion or injury received in the performance of military service duties or as a result of an illness associated with the performance of military service duties.

The eviction of these citizens with the provision of another comfortable living quarters shall be the responsibility of the former owner of the living quarters.

These persons are provided with other living quarters that meet the following characteristics:

1) compliance of the living quarters with sanitary standards;

2) compliance of the residential premises with technical standards;

3) the living quarters must be located within the boundaries of the same settlement.

The calculation may not take into account such characteristics of the premises as the livability and the size of the living quarters, in the event of eviction of citizens from the hostel.

The law stipulates the specifics of the provision of office living quarters.

1. Office living quarters are provided to citizens in connection with the nature of their work in a public authority, local self-government body, state unitary enterprise, state or municipal institution, or in connection with the passage of public service or being in an elective position of a public authority or local self-government.

2. The specified categories of persons are provided only with separate apartments, the provision of a room in a hostel is not allowed. In accordance with Part 3 of Art. 16 of the RF LCD, an apartment is a structurally separate room in an apartment building that provides direct access to common areas in such a building and consists of one or several rooms, as well as auxiliary rooms designed to satisfy citizens' household and other needs related to their residence in such a secluded room.

3. Termination of labor relations, service relations, the expiration of the term for which the citizen was elected to the position, serve as grounds for termination of the contract for the lease of office space.

The provision of living quarters in hostels is based on a minimum area of ​​6 m2? for one person.

In order to be eligible for the provision of living quarters in a hostel, a citizen must be in an employment relationship or study in an organization (educational institution) on whose balance the given educational institution is located. Accordingly, the decision to provide a citizen with living quarters in a hostel serves as the basis for concluding a lease agreement.

The specified contract is concluded for a period during which there are labor relations, relations of service or training between the parties to the said contract. Confirmation of these relations, respectively, is an employment contract, service contract, agreement (contract) or the corresponding act on the provision of services in the field of education.

The termination of the above relations serves as the basis for the termination of the contract for the lease of residential premises in the hostel.

State authorities or local self-government bodies have the right to allocate a so-called maneuverable fund as part of the state or municipal housing stock, respectively. It serves for the temporary provision of residential premises to citizens in the following cases:

1) if there is a major overhaul of a house, the premises in which are provided to a citizen on the basis of a social rental agreement;

2) if a citizen has lost the only living quarters as a result of levying execution on such a premise;

3) if, as a result of extraordinary circumstances, the action of the natural forces of nature, the citizen has lost his only living quarters;

The norm for the provision of residential premises in houses of a flexible fund is 6 m2? per person. The purpose of these residential premises is to accommodate citizens for temporary residence.

The lease agreement for residential premises of the flexible fund is concluded for the period:

1) before the completion of major repairs or reconstruction of the house;

2) before the completion of settlements with citizens who have lost their living quarters as a result of foreclosure on them, after the sale of the residential premises on which the foreclosure was levied;

3) until the completion of settlements with citizens whose only living quarters have become unsuitable for living as a result of extraordinary circumstances, or until they are provided with other living quarters of the state or municipal housing stock;

4) another period established by law (Article 105 of the LC RF).

The expiration of the period for which the contract for the lease of residential premises of the flexible fund is concluded is the basis for the termination of this contract.

The provision of residential premises in houses of the social services system is provided for by law in the event that citizens applying for such premises need social protection. The procedure, conditions for the provision and use of the above residential premises are established by federal legislation, the legislation of the constituent entities of the Russian Federation.

The procedure for the provision of housing funds for the temporary settlement of internally displaced persons and persons recognized as refugees is established by federal laws (Article 108 of the RF LC).

According to Art. 109 of the RF LC for the social protection of certain categories of citizens, residential premises may be provided in accordance with special federal legislation or the legislation of the subjects.