Many people who do not have their own housing can expect to receive an apartment from the state or municipal authorities. For this, social hiring is used. He suggests that special living quarters are allocated from the housing stock. A social loan agreement is concluded with citizens, which contains information about who can use this room, what rules must be respected for this, who is the responsible tenant, and what funds should be paid in the form of a rental fee.
Social Recruitment Concept
It lies in the fact that the state offers housing to citizens. All conditions for users of the premises are prescribed in the relevant contract.
The state remains the owner of the housing, and the main parameters of such an agreement include the following:
- the process is that citizens rent property from the municipality;
- objects are provided indefinitely;
- a housing charge is necessarily set, and for this purpose, strictly established tariffs in the region are used, which are fixed in the contract;
- issued apartments must meet certain strict requirements.
Obtaining housing by citizens implies that an agreement is necessarily drawn up and signed with the authorities of the region. An agreement on social housing rental is concluded with only one citizen, but all members of his family can use and live in the facility. Even if the main tenant dies, other citizens specified in the contract do not lose the right to live in the property.
Legislative regulation
Social hiring is a specific process regulated by various legislative acts.
Housing issues that relate to housing transfers under different conditions are listed in chap. 8 LCD It indicates how housing is provided, what size it should be, as well as what conditions are presented to future residents.
The Civil Code additionally prescribes how to conclude contracts with the state, what information should be contained in the document, and also what parameters should be observed.
Features of the agreement
When concluding an agreement on social hiring, citizens should have a good understanding of the nuances of this document. Let's consider them further. These features include the following:
- the contract is bilateral and consensual, therefore, obligations and rights under a social contract of employment arise only after they are discussed by the parties to the transaction;
- retribution, which implies the need for the employer to pay a certain fee, although under certain conditions it may be absent, and all the reasons for this are listed in Art. 156 housing estates, but usually such conditions are offered to poor citizens;
- the subject of the contract is a dwelling, which can be a room, an apartment or a residential building, and an uninsulated part of the housing cannot act as them;
- housing is allocated from the housing stock of a particular region;
- the landlord is the owner of the premises, represented by local authorities, the state or a subject of the Russian Federation;
- tenants can only be individuals who are Russian citizens; therefore, it is not possible to conclude an agreement with foreigners or stateless persons;
- the rights and obligations under the contract arise not only with the main tenant, but also with the rest of the family members living in the issued real estate;
- citizens have the opportunity to use common property in an apartment building, where there is an apartment provided by the state;
- unified tariffs are applied to determine housing and utilities payments;
- an agreement is drawn up on an unlimited basis, therefore there is no information on the expiration date of it.
The contract is concluded only in writing, for which a corresponding decision of the municipality is previously taken. It is not required to perform state registration of the contract if social hiring is used. The concept of this contract is that on the basis of it, housing is issued to the tenant. At the same time, all rights and obligations of citizens are registered in the document.
Housing requirements
Only social rental premises with certain parameters can be issued. Therefore, not all residential properties may become the subject of this agreement. Pre-considered whether the housing meets the numerous requirements
- living space must be isolated;
- it should not belong to other citizens on the basis of common property;
- housing should be in the same area where the employer used to live;
- For each member of the family, an optimal size of housing should be provided, for which a social or sanitary norm is established, since the condition of the existing housing stock in the region is initially taken into account.
All requirements are listed in Art. 62 LCD
What is the subject of the contract?
The subject of this agreement is a residential property. Housing under a social contract of employment is provided on an ongoing basis.
The document does not contain information about the duration of the agreement. Additionally, housing may not be provided, which is the common property of an apartment building or acting as an uninsulated room.
Grounds for housing
Housing is provided only to people who are recognized as needing housing. The most common recipients of residential properties are citizens:
- the poor, whose income per family member does not exceed the subsistence level, and the indicator established in the region where citizens live is used;
- needing housing, on the basis of which the requirements of the housing complex are taken into account;
- living in a community where housing can be allocated by the municipality.
People need housing under the conditions:
- they are not employers under a social contract;
- in the existing housing for every citizen there is a quadrature that does not correspond to the norm;
- the premises used by the family do not meet numerous requirements, for example, it is an emergency room or there are no communications in it;
- Citizens live together with a person who has a chronic or contagious disease.
Citizens must independently contact the municipal authorities for new housing. They prepare the necessary documents, which confirm that they really need housing.
Accommodations
If citizens use social hiring to live in real estate owned by the municipality or the state, then they must take into account the specific duties and rights that they are vested with. The conditions must be met by all members of the main tenant's family.
Accommodation in the provided housing is allowed under the conditions:
- timely payment should be made for the use of housing;
- it is required to regularly pay for utilities;
- all tenants must comply with the order of residence in real estate, so there should be no problems with neighbors;
- the apartment or house provided must be used exclusively for its intended purpose;
- the premises must be maintained in optimal condition so that they are livable;
- if a major overhaul is being implemented, then residents should not contribute their own funds for this, since the municipality is still the owner.
Citizens who have received housing from the state can not only live in real estate, but also perform other actions with it. For example, the right to social recruitment gives them the opportunity to lease this property. Citizens can carry out ongoing repairs on their own using various finishing materials.
Living conditions can be supplemented by various other factors that should be prescribed in the contract. If they are violated by the employer, then an agreement may be terminated with him.
How to get housing?
The apartment for social welfare is provided sequentially. You should find out about them yourself in the administration of the region, as the requirements for tenants may vary slightly in different regions of the Russian Federation. To do this, the steps are:
- Initially, citizens should contact the city administration, and a department dealing with similar issues is selected for this;
- the necessary documentation is transferred, which confirms that citizens really need housing from the state;
- it is necessary to wait until the papers are examined and verified by specialists, the process cannot take more than one month;
- the answer comes in writing;
- if a positive decision is made, then the family becomes in line;
- if a person has a pre-emptive right, then he becomes in another special line;
- when the family’s turn comes, a social tenancy agreement is concluded, which sets out all the conditions of living in a new home.
Failure may be due to various reasons, which include the lack of necessary documents or the transfer of false information.
What documents will be required?
The most difficult is the preparation of the necessary documentation. It includes:
- passports and certificates of birth of all members of the same family;
- a certificate stating the income of each person from the family, which makes it possible to classify citizens as poor;
- a document containing information about the value of property held by citizens;
- a certificate that indicates where people were registered for the last 10 years;
- medical certificate for a person who has a chronic disease and lives with other members of the same family;
- other documents with the help of which certain important facts are confirmed for municipal authorities.
Not all citizens can count on a contract. The social contract of employment is signed exclusively with poor people or citizens who need housing. The decision is made by a special department of the local administration.
Real estate fee
Citizens who receive housing from the state must pay a certain amount per month for rent. It is contained in receipts for utility bills.
Payment includes several parts:
- payment for the intended use of the facility;
- payment of housing services.
The amount of housing fees must be fixed in the contract, and in the calculation takes into account the tariff for 1 square. m. The fee is calculated in each region separately, and different indicators can be used for this.
Rights of citizens
Tenants of public housing can:
- instill in the premises of other persons;
- lease premises;
- allow temporary residence of other citizens;
- exchange or replace housing;
- Demand a major overhaul from the municipality.
All rights are registered directly in the contract.
Responsibility of employers for breach of contract
If citizens living in apartments on the basis of social hiring violate the basic requirements of the contract or legislation, then administrative liability is provided for them. If the requirements for the maintenance of residential premises or the rules for repairs are violated, which leads to the fact that housing becomes unsuitable for life, then a fine of 4 to 5 thousand rubles is imposed on individuals.
If the terms of the contract are violated by the lessor, then it compensates the losses to the tenants, and also often the lost profit is compensated. Under such conditions, tenants may demand a reduction in housing fees or cost recovery.
Thus, social hiring is represented by a special process on the basis of which citizens receive housing from the state or region. Numerous requirements are placed on potential employers. People themselves must take care of housing from the municipality. In this case, a social loan agreement is necessarily concluded, the conditions of which may vary significantly depending on various factors.