Maxim has nowhere to live

Tambov authorities invited a disabled child to wait for housing guaranteed by law for 79 years

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“Patronus”, the children's human rights project “Take a step” and the portal “Such Affairs” is engaged in free legal assistance to children whose rights are violated. Does your child have the right to preferential receipt of housing, drugs, sanatorium treatment? Contact the Patronus. Do you refuse to take your child to school or kindergarten? Contact the Patronus. Do your disabled child refuse disability? Lawyers of Patronus are waiting for you - patronus@nuzhnapomosh.ru.

The lawyer of the Patronus project Svetlana Viktorova is engaged in the provision of housing to children orphanages for more than five years. In Tula, I had to sue the local authorities, who refused to recognize the house of a girl-or oriented to life. In Krasnoyarsk, the governor's decree had to be canceled, which ordered the children to give housing not at the place of residence, but at the place of loss of parental care, that is, for example, in an abandoned village where housing would never be built. In Stupin, I had a chance to prove in court that a disabled child should not live in a dilapidated hut.

A new business came from Tambov. Maxim I. (as a rule, “patronus” does not disclose the names of those children for whose rights it suits), 15 years old, children's cerebral paralysis, epilepsy.

Maxim is registered in his father’s apartment, but it is impossible to live there. In addition to Maxim and his dad in an apartment with an area of ​​22 square meters, his father’s sister with his family also lives. There is no sewage and water in the house.

Since 2004, Maxim with mom and dad has been in line for social housing. In 2013, the family was provided with temporary housing, but it is not good - 18 square meters in the house for temporary immigrants. This does not comply with any norms of the Housing Code. A boy who can hardly walk cannot turn around either in a tiny kitchen or in a bathroom, more like a pencil case. There can be no talk of any physiotherapy and any activity at home. Maxim increasingly spends whole days sitting and almost never gets out of a wheelchair, simply because there is nowhere to get up.

Maxim's family photo: from personal archive

In response to the request of Svetlana Victorova, the Social Protection Department of the city of Tambov replied that the I.'s family was in line for housing in 398th place, that every year the city gives out five housing certificates to those in need, so Maxim would have to wait for their turn for 79 years. And the local government promises not an apartment, but a certificate for receiving money for which you can buy an apartment if you suddenly find a very cheap option.

Meanwhile, according to the law, social housing Maxim is supposed to be unconditionally and immediately. He is a disabled person, whose disease is included in the list determined by the Housing Code, his family has no separate housing, he has been standing in line for twelve years. Based on this, Svetlana Viktorova made a lawsuit in court and won the court.

Maxim is increasingly spending whole days sitting and almost never gets out of a wheelchair, simply because there is nowhere to get up

Only this victory was partial. For some reason, the court admitted that the right to social housing is not the Maxim's family, but only one Maxim. In practice, this meant that instead of a 60-meter apartment, which was relying on a family of three, the court awarded Maxim the apartment 30-meter.

Then Viktorova appealed. In the appeal, it was indicated that Maxim is 15 years old, that is, according to the law, he is a child who is also incapable of living independently even after adulthood. The Convention on the Rights of the Child and the Family Code of the Russian Federation consolidate the right to live in the family for each child. Therefore, it is impossible, therefore, to give an apartment to the child and not give parents.

The Tambov Regional Court abolished the decision of the district court and ordered the city authorities to provide the Maxim's family with an area of ​​64 square meters.

The Tambov bailiffs, having received a writ of execution, told Victorova that they are now allocated housing to those who were suing in 2012. Waiting period for Maxim was reduced from 79 years to four.

But this did not satisfy Viktorov either. She writes a complaint and demands that the court decision be executed immediately.

Things like this, the "patronus" has about two hundred per year. For the lawyers of our human rights project, this is a full -time daily work. Neither tomorrow nor in a year there will be fewer appeals. We ask you to subscribe to regular donations so that the lawyers of the project can work. The state rarely fulfills its obligations of its own free will. It is necessary to force the state to fulfill its own laws.