Housing issue (not) young family

How the authorities exclude young Russian families from a preferential housing program financed by the state

Thirty -six years are no longer youth. This is how the executors of the state program to support young families, according to which people receive money for almost a third of the new housing. One of the main conditions of the program: both spouses should be not older than thirty -five. The situation that can be found today in almost any Russian city: the husband and wife became participants in the program almost ten years ago, the line for the certificate never reached them. One of the spouses is 36. Right on his birthday, he is called from the local administration and informed: the family cannot apply for money anymore.

If you read the rules for issuing certificates, then there is no position "On thirty -six years". Moreover, the creators of the program did not write anything about the possibility of exclusion from the queue. According to lawyers, no one thought it would reach that. The conclusions are different: some say that the main thing is age when joining the program. Others that spend money on "middle -aged" means to break the law. Radio Liberty correspondent met with three families from the Perm Territory who achieve a return.

Eight years of empty hopes

The situation of Permyakov Galina and Andrei Monzhak is very typical. We joined the program in 2007, because the son became completely adult: he went to school, it was time to live his home, and not with his parents. “We were registered,” the spouses recall. “They said, wait for the certificate.”

His son is already fourteen, but they never gave us what they promised

The line was approaching, but in 2011, regional officials suddenly changed the "rules of the game": "Priority groups" appeared. For example, they became families with two children. That is, the queue was shuffled, and the Montzhak family again was at the bottom of the queue.

“And now I turned thirty -six,” says Andrei. - They call from the housing department of the city administration and they say that they excluded us. What, question, is the basis? The son is already fourteen, but they never gave us what they promised. We live in the same place as before.

The family sued, and the first of them, district, considered their requirements legal. In the decision of the Leninsky District Court of July 17, 2014, the judge wrote that since the authors of the program did not provide for the possibility of exclusion, then it should not be.

If at this time people are formally no longer a young family, then they have no right to claim money

This victory was not final: the following instances sided with the departments. They explained there: the list of participants is conditional, that is, hitting it does not give any guarantees. The final lists are created at the federation level, and they do it every year. Simply put, the decision on the Monzhak certificate should not be made in 2007, when it all started, but later. And if at this time people are formally no longer a young family, then they have no right to claim money.

Exposure from the verdict of the regional court of October 15, 2014: "This conclusion of the court of first instance is based on the incorrect interpretation of substantive law regulating disputed legal relations <...> when deciding on the inclusion of the inclusion <...> to whom the provision of social benefits is planned, in this case, in 2015, the plaintiffs had to comply with the requirements for the program participants."

"Such Shilyaevs - several every year"

Someone during his expectation managed to divorce and start a new family, like Alexander Shilyaev from the city of Tchaikovsky Perm Territory. He was in line with his previous wife in 2007. After the divorce, the woman wrote to the administration a statement that she was not against the preservation of her ex -husband in the register. Then the new spouse was added to the name of the man - Jan. Now Shilyaevs live a five -year -old, with three children.

“We recently received the answer that we are the second in line in our area,” says Yana Shilyaeva . -Of course, they were delighted, they thought, finally waited. And then they told us that we would not get money. We were not included in the list for the next year, because in February 2016 the husband will be thirty -six years old.

Formally, people retained their place in the list: they are the second of more than a thousand applicants, says Nina Obukhova, consultant to the implementation of the housing programs of the Tchaikovsky district administration. However, according to her, it is too early to rejoice:

- Look: every September we make a list of those wishing to receive certificates next year. We send the documents to the "region". There they are sent to Moscow. And usually money reaches families only closer to December. And at this time next year, Alexander Shilyaev will be thirty -six years old. Therefore, we warned the family that they would not receive money.

The administration’s employee added that in the area of "such Shilyaevs - several every year." Now Yana and Alexander are waiting for official paper from officials, so that, like the Monzhak family, to go to court.

They took away the ex -husband!

Permyeka Yana Sergeyeva entered the state program with her husband two years ago, but also divorced while waiting for a certificate. After the divorce, only the ex -wife with the children should have remained in line. Local officials checked its living area. The minimum norm of housing in Perm is twelve square meters.

Yana is again preparing for lawsuits: he wants to complain about the inaction of municipal employees

“They stated that I could evict my ex -spouse, who still lives in my house,” says Yana. - Then we will have even more than twelve meters per person, which means that we will not be able to claim support (the program also has requirements for housing. - RS) . And he has a residence permit here, and he has nowhere else to go. We put a partition in a large room - we live.

The woman went to court. They ordered officials to return it to the register. But by this time, Permyeka turned thirty -six, so employees of the housing relationship refused to fulfill the judicial verdict. Now Yana is again preparing for lawsuits: he wants to complain about the inaction of municipal employees.

The Supreme Court has not yet explained how to resolve such disputes, said lawyer Stanislav Shestakov :

It is necessary at the federal level to amend the existing regulatory framework

-In my opinion, if at the time of the initial inclusion in the program the family meets all the requirements for, and has not received social payment for reasons without dependent, then the exclusion from the participants due to the deadline is illegal. The state, having included a young family in the program and thereby recognizing its right to receive social benefits, took on a public law obligation to support it. You can’t refuse it. It will be possible to understand that you were turned on completely and irrevocably, it will be possible only if the relevant regulatory legal acts contain a direct and unambiguous norm that the achievement of the age of 35 years after included in the list of program participants and until the expiration of its validity is not the basis for exclusion from the lists of participants. Otherwise, as we see, there may be a wide variety of interpretation by local governments and the courts of the current norms. Therefore, in my opinion, it is necessary to make changes to the existing regulatory framework at the federal level, ”says the lawyer.

Participants in the program for supporting young families, with whom Radio Freedom said, unanimously stating that they were waiting for the "problems from the state", but did not think that they would be so serious. Experts advise them to go to the courts, saying that there is a chance to prove their case.

"Providing housing for young families" is part of the federal program "Housing". According to this program, families, in which both spouses are no older than 35 years, can apply for a certificate of 30 percent of the average cost of housing. The project is financed by budgets of all levels: federal, regional and municipal.