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Housing Code Art. 59 with comments

Housing Code, N 188-FZ | Art. 59 Housing Code of the Russian Federation

Article 59 of the RF Housing Code. Providing vacated residential premises in a communal apartment (current version)

2. In the absence of citizens specified in part 1 in the communal apartment of this article, the vacated residential premises are provided under a social tenancy agreement to the tenants and (or) owners living in this apartment, who may be recognized as low-income in the prescribed manner and who are provided with with total area living space per family member is less than the norm for provision, based on their application.

4. If there are no citizens specified in parts 1 - 3 of this article in the communal apartment, moving into the vacated residential premises is carried out on the basis of a social tenancy agreement in the manner prescribed by this Code.

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Commentary to Art. 59 Housing Code of the Russian Federation

Judicial practice under Article 59 of the RF Housing Code:

Decision of the Supreme Court: Determination N 58-КГ17-8, Judicial Collegium for Civil Cases, cassation
In refusing to satisfy the claims, the court of first instance proceeded from the fact that there were provisions provided for in Part 1 of Article 59 of the Housing Code Russian Federation grounds for providing the defendants with a vacated disputed room in a communal apartment...
Decision of the Supreme Court: Determination N 5-КГ14-101, Judicial Collegium for Civil Cases, cassation
Room No. 2 has repeatedly become the subject of separate social rental agreements with by different persons. As legal basis For their stated demands, the plaintiffs referred to Article 59 of the Housing Code of the Russian Federation. By the decision of the Babushkinsky District Court of Moscow dated November 18, 2013, left unchanged by the appeal ruling of the judicial panel for civil cases of the Moscow City Court dated March 20, 2014, the claim was denied...
Decision of the Supreme Court: Determination N 78-КГ17-25, Judicial Collegium for Civil Cases, cassation
The decision is justified when the facts relevant to the case are confirmed by evidence examined by the court that satisfies the requirements of the law on their relevance and admissibility, or by circumstances that do not require proof (Articles 55, 59 - 61, 67 of the Civil Code). procedural code Russian Federation), as well as when it contains exhaustive conclusions of the court arising from the established facts. The requirements of the above provisions of law appellate ruling does not match...

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Providing vacated living quarters in a communal apartment

Commentary on Article 59 of the RF Housing Code:

1. The commented article establishes the conditions and procedure for providing vacated residential premises in a communal apartment.

Vacant is a residential premises that has become vacant, for example, due to the departure of the tenant and his family members to another place of residence (Part 3 of Article 83 of the Commentary Law) or termination of a social tenancy agreement for other reasons, in connection with the death of the previous tenant this premises or its owner who has no heirs, etc.

2. Residential premises may also be vacated in connection with the recognition of such premises in the prescribed manner as unfit for habitation, with the subsequent provision of other residential premises to the citizens living in it in the manner prescribed. Such premises, despite its status as “vacant”, are subject to new occupancy in accordance with Art. 59 of the Housing Code of the Russian Federation is not subject to it, since by virtue of the provisions of Part 2 of Art. 15 comments According to the law, premises unsuitable for habitation cannot be the object of housing rights.

3. Providing on the terms established by the comment. Art., only isolated residential premises are subject to. In practice, in communal apartments there are also so-called purely adjacent or walk-through rooms, which, after being vacated, can be re-occupied as independent objects of housing rights in accordance with Part 2 of Art. 15 and part 2 of Art. 62 comments. are not subject to law. That is, if a residential premises is vacated in an apartment, not isolated from the residential premises occupied by another tenant, such premises are subject to transfer to such tenant for use under a previously concluded social rental agreement with him, and regardless of the area of the passage premises and whether such a citizen has the status of a low-income and needy person in a residential area.

At the same time, the question remains open: how is it possible to dispose of vacated residential premises, which are actually not isolated from other residential premises, but are occupied by a person on the right of ownership? As stated above, such a non-isolated premises cannot be an independent object of housing rights and, therefore, it is impossible to conclude a separate social tenancy agreement with the owner of the “neighboring” premises in relation to such premises. Provide the owner with such non-insulated premises in accordance with Art. 59 of the RF Housing Code is also not possible for the same reasons.

That is, it is obvious that a non-isolated vacated residential premises must in one way or another be connected to the premises adjacent to it, but the problem arises, on what right such connection should be carried out?

4. In practice, there is also a situation when the living space in a communal apartment is empty long time, there is no information about the whereabouts of the previous residents, but citizens living in adjacent rooms who apply to the authorized body with an application to provide them with such a vacant room on the basis of Art. 59 comments law, receive a refusal motivated by reference to the provisions. Indeed, according to Art. 71 comments. According to the law, the temporary absence of a residential tenant under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement. Thus, the residential premises from the above example are not vacated, since they are burdened with the rights of the previous residents and, therefore, provided in accordance with Art. 59 comments not subject to law.

They do not have the rights provided for in the comments. Art., and citizens living in residential premises classified as a specialized housing stock (Article 92 of the commentary of the law) - in office premises, in dormitory premises, in houses of the system social services and etc.

5. The commented article establishes the order of provision of vacated living quarters in a communal apartment.

First of all, tenants and (or) owners living in a communal apartment, if at the time of vacating the residential premises they are recognized or can be recognized in the prescribed manner as low-income and in need of residential premises. One of the most important points- obligatory residence of the applicant for the provision of vacated premises in this apartment at the time the room is vacated. In other words, persons who moved into a communal apartment after the vacancy of the residential premises for which they are applying do not have the right to be provided with such premises.

Issues of the grounds and procedure for recognizing citizens as poor are covered in detail in the commentary. F, the grounds for recognition as needing residential premises - in the comments. .

Specified in part 1 comment. Art. Citizens are provided with vacated residential premises under a social tenancy agreement.

Secondly, tenants and (or) owners living in a communal apartment, who can be recognized as low-income in the prescribed manner and who are provided with a total living space per family member that is less than the provision norm.

That is, when deciding on the priority of providing a vacant room, low-income citizens and those in need of housing will have priority. Citizens whose financial and property status allows them to be classified as low-income, but who occupy residential premises in a given communal apartment that are larger in area than the accounting norm established in a particular region (see), will be able to exercise their rights in accordance with Art. 59 of the Housing Code of the Russian Federation only if there are no low-income people or people in need of housing among their neighbors.

6. Provisions part 2 comments. Art. are applied in close connection with the rules of Part 2 of Art. 51 comments law, according to which, if a citizen and (or) members of his family have several residential premises occupied under social tenancy agreements and (or) owned by them by right of ownership, the level of provision with the total area of residential premises is determined based on the total total area of all these residential premises premises.

Indicated in part 2 of the comment. Art. Citizens are also provided with vacated residential premises under a social tenancy agreement.

7. If in a communal apartment at the location of the vacated room there are several applicants for its provision on the grounds of Parts 1 and 2 of the comment. Art., then the question of the priority of provision should, in our opinion, be resolved taking into account the provisions of Part 1 of Art. 57 of the Housing Code of the Russian Federation, by virtue of which residential premises under a social tenancy agreement are provided to citizens registered as needing residential premises in order of priority, based on the time of registration of such citizens.

Persons who cannot be recognized as low-income and in need of housing, but are provided with housing for one person less than the provision norm, the vacated residential premises are provided under a purchase and sale agreement (Part 3 of the commentary article). For such persons, one of the main conditions for providing them with a vacated room is the fact of living in this communal apartment at the time of vacating such premises. And the same as for the persons indicated in part 2 of the comment. Art., when deciding on their housing security, the above provisions are applied.

8. Purchase and sale price of vacated residential premises comment. is not established by law and in practice is determined, as a rule, on the basis of the legislation of a particular subject of the Russian Federation. In particular, in St. Petersburg, vacated residential premises under a purchase and sale agreement are provided to citizens at a market price using in some cases reduction factors (Article 3 of the Law of St. Petersburg dated May 2, 2006 N 169-27 “On the procedure and conditions for the sale of residential premises of the state housing stock of St. Petersburg” (Vestnik Legislative Assembly St. Petersburg. 2006. N 7)).

9. In all of the above cases, tenants and owners living in a communal apartment must submit a written application to the authority authorized to provide this room in order to provide them with a vacated room. state power or local government(depending on which housing stock - state or municipal - will be provided).

If the above categories of citizens are not among those living in a communal apartment, the provision of a vacant room will be carried out in general procedure on the terms and conditions provided for in the comment. by law (Part 4 of the commentary article).

Decisions of authorized bodies on the provision of vacated residential premises in a communal apartment can be challenged in court.

Article 59 defines the procedure for settling rooms in communal apartments.

1. The commented article defines a specific sequence of requirements regarding the improvement of living conditions that can be presented by persons living in a communal apartment in which, for one reason or another, living space has been vacated (an isolated room or several rooms). At the same time, parts 1 and 2 of Art. 59 of the Code are based on the need to provide such vacated residential premises primarily to the least socially protected citizens.

First of all, the requirements of those applicants for vacated living space who, on the date of vacating the corresponding residential space, are actually recognized or can be recognized as low-income and in need of residential premises are subject to satisfaction (for this, see Articles 49, 51 of the Code). Please note that in in this case we're talking about not about any categories of citizens recognized as needing residential premises on the grounds provided for by law, but only about those persons who are simultaneously recognized as low-income. In accordance with Part 2 of Art. 49 of the Code, low-income citizens are citizens if they are recognized as such by a local government body in the manner established by the law of the relevant constituent entity of the Russian Federation, taking into account the income per family member and the value of property owned by family members and subject to taxation. These citizens are provided with vacated living quarters in a communal apartment under a social tenancy agreement.

2. Secondly (if there are no citizens in the communal apartment to whom the vacated residential premises are provided first), the corresponding residential premises are provided to citizens who are not actually recognized, but can be recognized as low-income on the grounds and in the manner established by law, subject to the obligatory condition , that for one family member of such citizens there is a smaller amount of total living space than the norm for the provision of living space established in the given area (for the norm of provision, see Article 50 of the Code). Second-stage applicants who submit a corresponding application are provided with vacated residential premises under a social tenancy agreement.

3. In the third place (if there are no citizens in the communal apartment to whom the vacated residential premises are provided in the first and second stages), the specified residential premises can be sold to citizens whose one family member has a smaller total area of living premises than that established in this locality norm of provision. For this case, the Code does not require that the buyer under a residential purchase and sale agreement be recognized as low-income and (or) in need of residential premises. All that is required is a statement expressing the potential buyer’s intention to purchase the vacant residential premises on the basis of a paid agreement.

4. If there are no citizens in a communal apartment who could apply for vacated residential premises in such an apartment in the order of priority mentioned above, then the vacated premises are provided under a social tenancy agreement to citizens not living in this apartment who are registered as needy in residential premises, according to the rules of Art. 52 of the Code (see the specified article).

The issues of settling vacated residential premises in communal apartments were resolved and Art. 16 Basics In particular, this article additionally provided for the purchase and sale of these residential premises, etc.

Article 59 generally retained the previous current order. At the same time, it must be borne in mind that only low-income citizens, who can be both tenants and homeowners, can use this right (to connect a room free of charge).

Full text of Art. 59 Housing Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice on Article 59 of the RF Housing Code.

1. Vacant residential premises in a communal apartment in which several tenants and (or) owners live, on the basis of their application, are provided under a social tenancy agreement to the tenants and (or) owners living in this apartment, if at the time of vacating the residential premises they are recognized or can be, in accordance with the established procedure, recognized as low-income and in need of housing.
2. In the absence of citizens specified in part 1 of this article in a communal apartment, the vacated residential premises are provided under a social tenancy agreement to the tenants and (or) owners living in this apartment, who may be recognized as low-income in the prescribed manner and who are provided with the total area of the residential premises per family member less than the provision norm, based on their application.

3. In the absence of citizens specified in parts 1 and 2 of this article in the communal apartment, the vacated residential premises are provided under a purchase and sale agreement to citizens who are provided with a total living area per family member that is less than the provision norm, based on their application.
4. If there are no citizens specified in parts 1-3 of this article in the communal apartment, moving into the vacated residential premises is carried out on the basis of a social tenancy agreement in the manner prescribed by this Code.

Commentary on Article 59

First of all, the requirements of those applicants for vacated living space who, on the date of vacating the corresponding residential space, are actually recognized or can be recognized as low-income and in need of residential premises are subject to satisfaction (for this, see Articles 49, 51 of the Code and the commentary to these articles ). Please note that in this case we are not talking about any categories of citizens recognized as needing residential premises on the grounds provided for by law, but only about those persons who are simultaneously recognized as low-income. In accordance with Part 2 of Art. 49 of the Code, low-income citizens are citizens if they are recognized as such by a local government body in the manner established by the law of the relevant constituent entity of the Russian Federation, taking into account the income per family member and the value of property owned by family members and subject to taxation. These citizens are provided with vacated living quarters in a communal apartment under a social tenancy agreement.

2. Secondly (if there are no citizens in the communal apartment to whom the vacated residential premises are provided first), the corresponding residential premises are provided to citizens who are not actually recognized, but can be recognized as low-income on the grounds and in the manner established by law, subject to the obligatory condition , that for one family member of such citizens there is less total living space than the norm for the provision of living space established in the given area (for the norm of provision, see Article 50 of the Code and the commentary thereto). Second-stage applicants who submit a corresponding application are provided with vacated residential premises under a social tenancy agreement.

3. In the third place (if there are no citizens in the communal apartment to whom the vacated residential premises are provided first and second), the specified residential premises can be sold to citizens whose one family member has a smaller total area of living premises than that established in this locality norm of provision. For this case, the Code does not require that the buyer under a residential purchase and sale agreement be recognized as low-income and (or) in need of residential premises. All that is required is a statement expressing the potential buyer’s intention to purchase the vacant residential premises on the basis of a paid agreement.

4. If there are no citizens in a communal apartment who could apply for vacated residential premises in such an apartment in the order of priority mentioned above, then the vacated premises are provided under a social tenancy agreement to citizens not living in this apartment who are registered as needy in residential premises according to the rules of Art. 52 of the Code (see the specified article and the commentary to it; see also Part 6 of Article 57 of the Code and the commentary to it).

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2. In the absence of citizens specified in part 1 of this article in a communal apartment, the vacated residential premises are provided under a social tenancy agreement to the tenants and (or) owners living in this apartment, who may be recognized as low-income in the prescribed manner and who are provided with the total area of the residential premises per family member less than the provision norm, based on their application.

Comments on the article

1. Comment. Art. establishes the conditions and procedure for providing vacated residential premises in a communal apartment.

Provision to those indicated in the comments. Art. It is the vacated but not vacated rooms in communal apartments that are subject to the conditions. The authorized body may decide to vacate a room in a communal apartment by relocating the previous tenant to another living space according to established by law grounds (for example, during resettlement due to unsuitability for living), during eviction for non-payment, etc.

A room may become vacant, for example, due to the death of the tenant of this room or the owner who has no heirs, etc.

The grounds for exemption are extremely important for the authorized body to make a decision on the further use of a room in a communal apartment.

2. Providing on the terms of comment. Art. Only isolated residential premises are subject to this. In practice, in communal apartments there are also so-called “purely adjacent” or “passage” rooms, which, after being vacated, can be re-occupied in accordance with paragraph 2 of Article 62 of the Commentary. are not subject to law.

In accordance with paragraph 5 of the resolution of the Plenum of the RF Armed Forces of December 26, 1984 N 5 (as amended by the resolutions of the Plenum of the RF Armed Forces of August 29, 1989 N 5, of December 21, 1993 N 11 // Collection of Resolutions of the Plenum of the RF Armed Forces 1961-1993 gg., M., 1994), are not subject to settlement on the terms of comment. Art. office living quarters, as well as living quarters in dormitories. Comment rules. Art. on the occupation of vacated residential premises in an apartment do not apply to cases where a service residential premises has been vacated in an apartment in which tenants of non-service residential premises live, unless the legal regime of this premises has been changed in the prescribed manner.

3. In the comments. Art. The following priority has been established for the provision of a furnished room in a communal apartment under a social tenancy agreement.

According to paragraph 6 of the above-mentioned resolution of the Plenum of the Armed Forces of the Russian Federation dated December 26, 1984 N 5, if two or more tenants living in the same apartment apply for a vacant isolated residential premises, each of them is one of the persons entitled to receive it, then, resolving the issue which of them should be given priority, the court should proceed from which of these citizens is in to a greater extent needs to improve their living conditions, taking into account the size of the residential premises they occupy, the composition of their families, as well as other specific circumstances worthy of attention (the state of health of the residents, their age, the layout of the premises, etc.).

If there are no tenants and (or) owners of citizens living in a communal apartment who are recognized or can be recognized in the established order as low-income and in need of residential premises, the vacated room is provided under a purchase and sale agreement to citizens living in a communal apartment who are provided with the total living area accommodation per family member is less than the provision norm.

The sale of a vacant room is carried out according to the established in a given subject of the Russian Federation or municipal formation price (market or inventory).

4. In all of the above cases, tenants and owners living in a communal apartment, in order to provide them with a vacated room, must submit a written application to the state authority or local government authorized to provide this room (depending on which housing stock - state or municipal). ) will be provided.

If the above categories of citizens are not among those living in a communal apartment, the provision of a vacated room will be carried out in accordance with the general procedure under the conditions provided for in the comment. by law.

5. In paragraph 2 comment. Art. The legislator made the possibility of providing a vacant room to citizens dependent on two conditions:

A) the opportunity to be recognized as low-income and in need of housing in the prescribed manner;

B) the provision of total living space per family member is less than the provision norm.

These conditions apply to both tenants and owners. In this regard, we consider it permissible to question the possibility practical implementation the norm under consideration on the provision of a vacated room in a communal apartment to the owner. In our opinion, it is practically impossible for the owner of property worth the equivalent of several thousand US dollars (even if it is just a small room in a crowded communal apartment) to obtain low-income status.

If the owner or tenant does not have the status of a low-income person and in need of housing, but is provided with a total living space per family member that is less than the provision norm, the legislator (clause 3 of the commentary article) provides him with the opportunity to receive a vacant room, but not under a social contract hiring, but by purchasing. This norm may not be feasible, since it does not correspond at all to today’s realities of life - among those living in communal apartments with a housing supply below the standard of provision, it is difficult to find a person who is able to buy himself another room (including the one vacated in his apartment).

If there are no categories of citizens named in the law among those living in a communal apartment, the vacancy of the room will be settled in accordance with the general procedure, i.e. so-called “people from the street.” Thus, the application of this norm will not contribute to a speedy solution to the problem of liquidation of communal apartments and related social tension.