Truth and myths of the new Housing Code: what to expect from this law

01.12.2010 13:15
Articles about real estate | Truth and myths of the new Housing Code: what to expect from this law No sooner had the country to move away from the turbulence caused by the adoption of the Tax Code, as the population began to emerge next scandal: the queue new housing, labor and customs codes. However, many media outlets, not seeing the text of the proposed documents for the sake of sensationalism, start to scare and cause a shock to everyman his own comments, most of which are untrue. A vivid example is the project of the Housing Code (LC), preparing MPs to review December 2, 2010 g, wrote the Judicial Legal Newspaper.

In some publications suggest that in the draft are going to provide the norm, according to which housing from the state fund may be used under the lease, and thus obtained an apartment can not be privatized. This is, to put it mildly, not true. According to the article. 32 of the draft LCD, residents employed in public and community housing have a right to its privatization with all its consequences. And the rumors that everyone will be evicted, "without trial" as baseless.

Related article: N.Dotsenko-Belous: "Mortgages - outside the law"

Article 3 of the LC provides that no person shall be deprived of shelter, except by law or by court order. An analysis of the norms of the project suggests that the LCD is quite adequate and relevant to today's realities of public relations.

Acting as the Housing Code, the name speaks for itself postfix "USSR", governs mainly regarding the hiring of housing, leaving the question of private property at the discretion of the Civil Code. "Judicial and legal newspaper" offers you a solid conclusion about what is really new Housing Code, whose rights are protected, and will dispel the myths circulated by other media.

Let's start with the most important - access to housing. Providing accommodation in hiring is given by the decision of the lessor or the authorized body (if given the right to housing those in need, according to the law).
About the peculiarities of renting

The basis for the settlement is no longer the order and the contract of employment concluded in writing. The contract should stipulate rights and obligations of the parties, including family members and the employer of persons entitled to reside with him. And the standard form of contract for the renting of housing for public use will be approved by Cabinet, so "vparit" illegal document (as so often happens now) future tenants nobody can.

Now, let's talk about those who are entitled to be registered seeking shelter from the state for free. Among them, according to Art. 17 of the draft LCD:

1) providing residential area below the level determined in accordance with the local authorities (currently installed Cabinet);

2) living in a room, do not meet the sanitary and technical requirements, as well as in an emergency, dilapidated housing and shelter, not an appropriate building codes;

3) ill with severe forms of chronic diseases, therefore, can not live in a communal apartment or a room with his family (the list of diseases approved Minzravom);

4) living on a sublease contract housing in the houses of the state or public housing;

5) living in one room for two or more families, and are both persons of both sexes over the age of nine years, and 6) living in dormitories.

Excluded from the list of those who live a long time under a contract of employment in the houses (apartments) to the citizens on private property rights. But the list of needy citizens have, without shelter, for objective reasons.

Among them: orphans, children deprived of parental care, children's homes, orphanages, boarding schools, family-type homes and foster families (not to be confused with adopted children), after gaining the full civil capacity), the homeless and victims of emergency situations of technogenic and natural character .

The draft LCD parliamentarians are going to provide for a right to the extraordinary reception of apartments from the residential sotsnaznacheniya families with five or more children, and the birth of one woman at the same time three or more children. This is stated in Art. 27 of the draft.

By the way, rents for these individuals, according to Part 4 of Art. 106 project may not exceed 20% of gross income tenant and his household. In case of late payment on housing and utilities, there will be fine in the amount of 0,1% of the amount for each day of delay.
Without a roof over your head will not stay!

The most odious are rules to evict tenants from their apartments. Let us examine in more detail. Article 122 of the LC defines the grounds for eviction of tenant. Eviction of tenant, his family members and others who live with him, from the residential houses, apartments (of them) shall as a result of termination of employment of housing.

Grounds for termination of employment are determined by housing art. 74 of the draft LCD, which provides that a contract of employment terminated in the event of: termination of employment; consent of the parties and the employer of adult family members and persons who reside permanently with him, included in the contract of employment, privatization tenant occupied dwelling; foreclosure tenants (as the real price), a lonely death, the employer, the announcement of his court dead or missing, the court's decision.

Forced eviction of tenant of social housing without providing alternative housing is carried out exclusively by the court. The grounds for termination of the contract of employment of social housing and evictions from public housing without providing alternative housing will be:

1) providing the employer or the acquisition of alternative accommodation;

2) increasing the income of the employer to a level that makes it possible to conclude a contract of employment of other premises which does not belong to housing social facilities;

3) an employer filing false information with respect to the average monthly gross income for the previous year, covering up the real incomes;

4) the systematic violation of the rules of use of residential premises;

5) breach of contract of employment of social housing after applying to the employer measures of influence as defined claim 1 Part 1, Art. 90 of that Code, and the relocation of the employer to another social housing in accordance with paragraph 2 of Part 1 of Art. 90 of the draft.

In general, all right - to evict for debts are forced to be, that's just it concerns only the public housing stock. In respect of the citizens who have purchased, inherited or privatize their apartments, this rule will have no effect, and hence more than 70% of citizens need not worry on this score, even if they can not pay the rent due for any reason.
Privatization to be!

Baseless statements and the media that public housing would not be subject to privatization. Privatization - is the alienation it is public housing in the private property of citizens. Private housing is not a priori be privatized - ownership can be transferred only on the basis of the contract (purchase, gift, rent, exchange, life annuity) or inheritance. It should be noted that privatization of public housing stock devoted an entire chapter in the project.

The objects of housing privatization, according to Part 1, Art. 113 LC owned apartments in apartment buildings, detached houses, rooms in hostels, rooms in apartments and single-family houses of the state of the housing stock of general purpose, where there are two or more employer, which are used by citizens in conditions of employment.

Not subject to privatization: apartments, museums, apartment (house), located in the territories closed military settlements, the nature and biosphere reserves; room in the dorms, apartments (houses) that are in disrepair, apartments, classified in the prescribed manner to the number of offices, as well as the apartment (house), located in a zone of absolute resettlement contaminated as a result of the Chernobyl accident.

To privatize housing, under Art. 115 LC free transfer will be by the citizens of rooms, apartments, houses on the basis of sanitary norms of 21 square meters of total area on the employer and each member of his family and an additional 10 square meters per family, the sale of surplus of the total area of rooms, apartments, houses, citizens of Ukraine who live in them or are in the queue for improvement of housing conditions.

As you can see, nothing odious in the project is not provided. No one just out of the apartment does not evict, if you are, of course, her registered place of residence and other housing have not, behave well and on time to pay the rent.
Judicial-Legal Newspaper
Content tags: Legislation Housing
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