Which disabled people have the right to additional living space? Housing for the disabled - where should a disabled person go to get housing according to the law? Providing disabled people with living space, housing benefits

Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

Providing, at the expense of federal budget funds, housing for disabled people and families with disabled children in need of improved housing conditions, registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of this Federal Law.

Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.

Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the “norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the “list established by the authorized Government of the Russian Federation federal executive body.

Payment for residential premises (payment for social rent, as well as for the maintenance and repair of residential premises) provided to a disabled person under a social tenancy agreement in excess of the “norm for the provision of residential premises area” is determined based on the occupied total area of residential premises in a single amount, taking into account the benefits provided .

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

Disabled people living in stationary social service institutions and wishing to obtain residential premises under a social tenancy agreement are subject to registration to improve their living conditions, regardless of the size of the occupied area and are provided with residential premises on an equal basis with other disabled people.

Disabled children living in stationary social service institutions, who are orphans or left without parental care, upon reaching the age of 18 years, are subject to being provided with residential premises out of turn, if the individual rehabilitation program for the disabled person provides for the opportunity to provide self-care and lead an independent lifestyle.

Residential premises of the state or municipal housing stock, occupied by a disabled person under a social tenancy agreement, when the disabled person is placed in a stationary social service institution, are retained by him for six months.

Specially equipped residential premises of the state or municipal housing stock, occupied by disabled people under a social tenancy agreement, upon their vacancy, are occupied primarily by other disabled people in need of improved housing conditions.

Disabled people and families with disabled children are provided with a discount of at least 50 percent on the cost of living quarters of state or municipal housing stock and payment of utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - on the cost of fuel purchased within the limits established for sale to the public.

Disabled people and families that include disabled people are given the right to priority receipt of land plots for individual housing construction, farming and gardening.

Government Decree No. 901 approved the rules for providing people with disabilities and families with disabled children with housing. In particular, paragraph 2 of the above-mentioned resolution contains a list of grounds for recognizing these categories of citizens as those who are in need of improved housing conditions. As part of the provision of residential premises to disabled people, an analysis and assessment of their health status is carried out, as well as a number of other circumstances that deserve attention.

Decree of the Government of the Russian Federation No. 817 contains a list of diseases, in the presence of which disabled people have the right to receive additional living space under a social rental agreement with a total area, that is, an area exceeding the norm provided for. In particular, such diseases are:

Active forms of tuberculosis;

HIV infection in children;

Leprosy;

Mental illnesses, the treatment of which requires clinical observation;

And others.

The amount of payment for social rent, maintenance and repair of residential premises provided to a disabled person under a social tenancy agreement in excess of the norm is determined according to the rule provided for in Part 7 of Art. 17 Federal Law No. 181, that is, depending on the occupied area of the residential premises, taking into account the benefits provided, and is charged in a single amount.

It is envisaged to develop an individual rehabilitation program for a disabled person, on the basis of which the living space occupied by disabled people should subsequently be equipped, that is, special means and devices provided for by the individual rehabilitation program should be installed in it. When specially equipped residential premises of the state or municipal housing stock are vacated, other disabled people in need of improved housing conditions have the priority right to receive such premises.

If the provided individual rehabilitation program presupposes the possibility for a disabled child to perform self-care and lead an independent lifestyle, upon reaching the age of 18 he should be provided with residential premises out of turn in the following cases:

If he lived in a stationary social service institution before reaching the age of 18;

If he is an orphan;

If he is deprived of parental care.

A discount of 50% is provided for payment for residential premises belonging to the state or municipal housing fund, as well as for payment of utilities, regardless of belonging to one of the funds, disabled people and families that include disabled children are entitled. If a residential building occupied by the above category of citizens does not have central heating, a 50 percent discount applies to the cost of fuel purchased to heat the premises, within the limits established by the relevant regulations for sale to the public.

According to , land plots that are the property of the state or municipal authorities are provided to citizens free of charge in cases provided for by the legislation of the Russian Federation. One of such cases is provided for in Part 13 of Art. 17 Federal Law No. 181. Thus, disabled people and families that include disabled people receive the right to priority receipt of land plots for subsequent dacha, subsidiary farming, gardening, as well as individual construction.

Disabled children belong to a group of people that is commonly called vulnerable. This position is based on the fact that children with disabilities need to live in certain conditions where it would be possible to fulfill their everyday needs with maximum convenience.

In our country there is an opportunity to get housing for disabled children. However, for this you need to take certain actions.

The need for registration

In the Russian Federation, providing housing for disabled children is one of the areas of state policy in the field of social protection of the population.

Families raising children can count on improved living conditions based on medical reports.

The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of the Federal Law No. 181 of November 24, 1995. In this case, registration is necessary. Russian legislation provides that the acquisition of priority rights to housing for disabled children is available to those citizens who registered as such before January 1, 2005.

Important! People who apply for benefits before the specified period can count on receiving funds from funds established for this purpose or from housing.

Many people are interested in the question of how to get an apartment for a disabled child after January 1, 2005. In this case, all actions will be regulated by the Housing Code of the Russian Federation.

The following indicators are very important:
time of registration;
queue number;

availability of rights to priority receipt of residential premises.

In addition, disabled people and families that include disabled people have the right to priority receipt of land plots for individual housing construction, farming and gardening.

The first priority may be in children if their disease is associated with severe chronic forms. These categories are specified in the LCD and, for example, may include:

abscess or necrosis of the lungs;
malignant tumors;
a number of mental illnesses;
severe skin lesions;
and other diseases specified in Order of the Ministry of Health of Russia dated November 29, 2012 N 987n.

The Housing Code also provides for the right of priority receipt of housing for citizens (including disabled children) whose residential premises are duly recognized as unfit for habitation and cannot be repaired or reconstructed.

Legislative regulation

The law of the Russian Federation has invented a special system that allows families with disabled children to purchase housing. The right to improve housing conditions and provide living space for disabled children can be guided by Article 17 of Federal Law No. 181, which was adopted on November 24, 1995.

For those who were registered after 01/01/2005, housing squares are issued in accordance with Article No. 57 of the Housing Code.

Living space for a disabled child in terms of standards

At the federal level, there is no specific value for the minimum size of housing that can be provided to a disabled person. This right is granted to local authorities.

The number of square meters is affected by various conditions. So, for example, in Moscow, 18 sq.m. are allocated for one person who falls under the category of a disabled person. minimal.

Important! In other regions of Russia there may be other regulatory indicators, which can be found in local legislative acts.

Collection of documentation for benefits

Before obtaining housing for a disabled child, you need to collect a certain package of documents and submit it to local authorities.

The list of documentation includes the following:
passport of a citizen of the Russian Federation;
statement;
an extract issued by Rosreestr, if there are already residential premises;
an extract from the house register or a certificate of family composition;
a document confirming the existing disability and related documents;

The list of required documents for registration as those in need of improved housing conditions may vary depending on the region of residence, since local authorities independently develop a methodology for accepting citizens into the queue.

There are also frequent cases when confirmation of disability is completely refused. Then it is necessary to appeal the decision in court.

Attention! Submission of documents can be carried out by legal representatives of the beneficiary. Any officially authorized persons have the right to do this. To do this, you need a notarized power of attorney, which will clearly state this right.

Who can apply for living space

Only the presence of a minor family member with a disability cannot become an unconditional basis for receiving residential square meters. It is very important to be exactly the family that needs it.

In this case, the authorities dealing with the issue of providing housing for disabled people rely on the Rules prescribed by the Housing Code (Article 51).

Circumstances that entail the right to preferential conditions include:

the lack of housing for a disabled child or a member of his family, owned by right of ownership or under a social tenancy agreement;
the area of residential premises that belongs by right of ownership to a disabled child or a member of his family or is rented is less than the accounting norm for one family member;
the residential premises do not meet the requirements established for residential premises;
Several families live in the apartment, one of whose members is sick, suffering from a severe form of chronic disease, in which living together with him is impossible. At the same time, the needy family should not have any other housing owned or leased.

Disabled persons are not included in a separate list of persons who are eligible for rental housing out of turn. They receive such housing on a first-come, first-served basis.

We discussed cases when a disabled child can qualify for housing out of turn. These include:

the achievement of 18 years of age by a disabled child in a social service organization and the ability to independently manage everyday life as prescribed in the individual rehabilitation program;
the housing in which a disabled child lives is unsuitable for habitation and cannot be repaired or reconstructed;
a disabled child or a member of his family suffers from a severe form of a chronic disease.

Even without taking into account all bureaucratic procedures, the Russian Federation, represented by its state bodies, must necessarily create:

the presence of ramps or special lifts for wheelchairs in public places and residential buildings;
provide assistance in relocating citizens with disabilities and their families to the first floors of houses, etc.

This is very important for the full functioning of society.

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June 27, 2017, 10:36 Oct 25, 2019 01:55

Legal basis of social assistance to disabled people

Disabled people in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

The grounds for recognizing disabled people as needing improved housing conditions for registration are:

the provision of housing for each family member is below the level established by the executive authorities of the constituent entities of the Russian Federation (at the federal level the norm is 18 sq. m per person, but in the regions it may be higher);
living in a residential premises (house) that does not meet established sanitary and technical requirements;
living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain chronic diseases, in which living together with them (according to the conclusion of state or municipal health care institutions) in the same apartment is impossible;
living in adjacent non-isolated rooms for two or more families in the absence of family relationships;
accommodation in dormitories, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens settled in connection with their studies;
living for a long time on a sublease basis in houses of the state, municipal and public housing stock, or renting in the houses of housing construction cooperatives, or in residential premises owned by citizens who have no other living space.

Accounting for those in need of improved housing conditions is carried out:

1. at the place of residence - by a specially authorized local government body or a specially appointed official;

2. at the place of work - at enterprises, institutions and other organizations that have housing stock under the right of economic management or in operational management.

Disabled people can be registered to improve their living conditions at the same time at their place of work and at their place of residence.

To register those in need of improved housing conditions, you must:

1. statement,

2. extract from the house register;

3. copy of the financial personal account;

4. a copy of a certificate confirming the fact of disability, and a copy of the individual rehabilitation program for a disabled person;

5. other documents taking into account specific circumstances (certificates from the technical inventory bureau, health care institutions, etc.).

Living quarters for disabled people are provided for each family member within the limits established by state authorities of the constituent entities of the Russian Federation.

When providing housing to disabled people, the recommendations of the individual rehabilitation program for the disabled person, his state of health, as well as other circumstances (approach to a medical institution, place of residence of relatives, friends, etc.) are taken into account.

For disabled people, the living quarters they occupy can be replaced with other equivalent living quarters in accordance with the individual rehabilitation program for the disabled person (relocation from the upper floors of houses to the lower floors, moving closer to the place of residence of relatives, friends, etc.).

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the Government of the Russian Federation.

In addition, there is a List of diseases that give persons suffering from them the right to use an additional room or additional living space, approved by the Circular of the NKVD of the RSFSR dated January 13. 1928 N 27 and the People's Commissariat of Health of the RSFSR dated January 19. 1928 N 15:

A. Diseases that give persons suffering from them the right to use an additional (separate) room:

I. Diseases that threaten to infect others:

1. Active forms of tuberculosis of the lungs and other organs with the release of tuberculosis bacillus, established by repeated laboratory control;

2. Leprosy.

II. Diseases in which living together with those suffering from them is impossible for others:

1. Mental illness;

2. Severe forms of psychoneuroses: epilepsy, traumatic psychoneurosis, psychasthenia and hysteria, accompanied by loss of consciousness and pronounced seizures.

III. Diseases that cannot be cured, in which, due to the untidiness they cause, it is impossible to live together with those suffering from them:

1. Fecal and urinary fistulas, as well as urinary and fecal incontinence;

2. Malignant tumors, accompanied by copious discharge;

3. Multiple skin lesions with copious discharge;

4. Gangrene and lung abscess;

5. Gangrene of the limbs.

B. Diseases that give persons suffering from them the right to use additional living space:

1. Active tuberculosis of the lungs and other organs;

2. Severe respiratory distress due to emphysema and asthma;

3. Chronic severe organic disorders of cardiac activity (endocarditis, myocarditis, angina pectoris, etc.).

Disabled people are given a discount of no less than 50% on housing costs in state, municipal and public housing stock, payment for utilities (regardless of the ownership of the housing stock), and in residential buildings that do not have central heating - the cost of fuel purchased within the limits established for sale to the public. Additional living space occupied by a disabled person, including in the form of a separate room, is not considered excessive and is subject to payment in a single amount, taking into account the benefits provided.

To receive benefits for housing, utilities and purchased fuel, people with disabilities apply to organizations that collect payments for housing, utilities and purchased fuel.

The basis for providing benefits for housing, utilities and purchased fuel is a certificate confirming the fact of disability, issued by the medical and social examination service.

Disabled people and families that include disabled people are provided, as a matter of priority, with land plots for individual housing construction, farming and gardening on the basis of an application and an attached copy of a certificate confirming the fact of disability, issued by the medical and social examination service body. submitted in accordance with the established procedure to local government bodies.

Providing living space for disabled people and families with disabled children, at the expense of federal budget funds in need of improved housing conditions and registered before January 1, 2005, is carried out in accordance with the provisions of Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ "On the social protection of disabled people in the Russian Federation" , and those registered after January 1, 2005 - in accordance with the housing legislation of the Russian Federation.

Determining the procedure for providing residential premises (under a social tenancy agreement or as property) to disabled people and families with disabled children in need of improved housing conditions and registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation, taking into account the state of health and other issues worthy of attention. circumstances.

Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the provision norm for 1 person (but not more than 2 times), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal executive body authorized by the Government of the Russian Federation authorities.

Residential premises occupied by disabled people are equipped with special means and devices in accordance with the individual rehabilitation program of the disabled person.

In accordance with Article 28.2 of the Federal Law of November 24, 1995 N 181-FZ “On Social Protection of Disabled Persons in the Russian Federation”, federal bodies transfer to the state authorities of the constituent entities of the Russian Federation the authority to provide housing for disabled people and families with disabled children in need of improvement housing conditions registered before January 1, 2005 in the form of subventions.

The amount of funds provided for in the Federal Fund of Compensation to the Budgets of the Subjects of the Russian Federation for these purposes is determined based on the number of persons entitled to the specified social support measures, the total housing area of 18 m2 and the average market value of 1 m2 of the total housing area in the constituent entity of the Russian Federation, established federal executive body authorized by the Government of the Russian Federation.

The form of provision of these social support measures is determined by the regulatory legal acts of the constituent entity of the Russian Federation.

According to the law, a disabled person has the right to a comfortable home, equipped with special means and devices in accordance with an individual rehabilitation program. Families of disabled citizens also receive the right to expanded housing conditions.

How can a disabled person get an apartment? Let us outline the conditions and procedure for obtaining housing benefits.

Who is disabled?

Right to housing benefits

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Conditions for providing housing to persons with disabilities

Family living in a residential building, the area of which, when calculated for each relative, does not meet the required standards.
The technical and sanitary characteristics of the premises in which the disabled person and his family live do not meet the established standards.
The apartment of a person using a wheelchair is located above the 2nd floor.
The family of a disabled person lives in the same living space in adjacent non-isolated rooms with other families not related to them.
In the same living space with another family, if the family includes a patient with a serious chronic disease, with whom it is impossible to be in the same room.
A person with disabilities lives in a dormitory or in a communal apartment (there are exceptions to this subclause).
Accommodation for a long time on the terms of hiring, subletting or renting living space.

Disability does not limit a person’s ability to obtain housing on other grounds provided for by other social support programs.

How to register for housing

How can a disabled person get an apartment? First of all, you need to register in the queue as someone in need of expanded living space. To do this, you will have to collect a package of documents and attach a corresponding application to it.

The list of documents for registration in the queue is as follows:

Certificate of recognition of a person as disabled.
A document that includes a set of rehabilitation measures (individual rehabilitation program).
Documents indicating compliance with the requirements of social services for obtaining housing (certificate of family composition, extract from the House Register).
Other documents upon request (medical certificates, extracts from the BTI, etc.)

Procedure for providing benefits

Preferential housing for disabled people of group 2

Disabled people of group 2 are recognized as having limited ability to work.

However, citizens of this category also need special living and care conditions, and therefore have the right to benefit from housing benefits from the state.

Group 2 disabled people registered as needing housing apply for housing provided under a social tenancy agreement.

Housing for disabled people of group 2 must meet certain requirements in order to ensure the comfort of the disabled person living in it.

How should the living space be equipped?

The apartment must contain devices that make life and movement easier for a person with disabilities.
The area of the premises must meet the standards established for citizens of this category.
When designing an apartment building for the disabled, the characteristics of future residents are taken into account, and therefore the building is equipped with ramps and special elevators.

If a person living in the premises on the basis of a social tenancy agreement is sent to a special rehabilitation center or a home for the disabled, his housing will not be transferred to anyone for six months. If the citizen’s relatives remain in the apartment, then it is guaranteed that no one will occupy it for any period of time.

Singles are provided with separate housing only on the condition that the citizen is able to take care of himself without the help of third parties.

Other housing benefits

In addition to measures to provide living space, disabled people of any group apply for various housing benefits that ease their financial situation:

A 50% discount on payments for utilities and housing services (rent, electricity, heating, water supply).
Discount on the purchase of coal, gas and other heating means for residents of houses where there is no central heating.
Compensation of expenses for major repairs of the common property of an apartment building in the amount of 50%.
Providing ownership or lease of a land plot for individual housing construction, as well as land for summer cottage farming and gardening.