Does a disabled person of Group 2 have the right to receive housing outside the queue?

Various state protection measures for disabled people are provided for by Law 181-FZ of 1995. One of them is providing housing for people with disabilities. This function is assumed by the state. Disabled people and families with such children can be provided with premises under a social lease agreement or as property. In many regions, instead of housing, those in need receive subsidies for individual construction or the purchase of an apartment.

Which disabled people are entitled to housing?

Disability itself is not a reason for obtaining an apartment. Based on Art. 17 of Law 181-FZ, a citizen must be recognized as in need of improved conditions and register. To do this, you need to contact the local administration, which will conduct an inspection of his living space and make a decision on the need to register.

In accordance with Art. 51 of the Housing Code, the need to improve conditions is for citizens who:

provided with an area of 1 family member less than the established norm;
live with relatives who have serious illnesses;
do not have their own premises under a rental agreement;
live in an emergency room.

The procedure for allocating housing depends on the reasons for receiving disability, the date of registration as a person in need, as well as the region of residence of the citizen, while the disability group does not play a role. In addition, the state of health and other circumstances are taken into account, namely, his rehabilitation program. For example, it may require the presence of ramps, elevators, or accommodation no higher than the 2nd floor. It is with these requirements in mind that the administration must allocate an apartment to the disabled person, otherwise he may refuse the proposed option without losing his right to improve conditions.

If the disabled person was registered before 2005

In this case, the form and procedure for obtaining an apartment is established by the legislation of the region. For example, in Moscow, people with disabilities are provided with municipal housing under social rental contracts. In many areas, instead of allocating an apartment, they issue a cash payment for its purchase or construction of their own home. Its size is calculated taking into account the number of citizens who are entitled to this benefit, the standard of living space per person, which is 18 m2, and the average cost of 1 m2 of total area in a given region. To receive a subsidy, a personalized certificate is issued.

These standards apply to all categories of disabled people, including military personnel, employees of internal affairs bodies and the Federal Penitentiary Service, firefighters, and disabled combat veterans who were injured due to injury during service. Family members of a deceased disabled person belonging to these categories can also apply for housing or subsidies from the state.

The family of a disabled child defended the right to receive housing out of turn

The child was officially recognized as disabled due to a disease that makes it impossible for citizens to live together in the same apartment, which, according to the Housing Code of the Russian Federation, gave his family the right to receive residential premises out of turn under a social tenancy agreement. In addition, two years later, the mother of a disabled child received the status of low-income and in need of improved housing conditions, since the private house that the family occupied turned out to be unsuitable for living. But, despite all these reasons, officials did not provide people with housing out of turn.

In the interests of the child, the local prosecutor's office went to court. The court did not accept the arguments of representatives of the city administration that in 2012 there was no money in the budget for the purchase of residential premises, and that there was no reason to provide living space to the father of the family out of turn, satisfying the demands of the prosecutor's office.

27 Aug 2020 lawurist7 256

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If a disabled person is registered after 01/01/2005

Citizens who have been registered as needing improved conditions since 2005 receive housing on a first-come, first-served basis. The exception is for persons whose premises are recognized as unsafe, i.e. beyond repair, as well as those with severe forms of chronic diseases. The list of such diseases is approved by Order 987n, these include:

acute forms of tuberculosis;
oncological diseases;
epilepsy;
skin lesions with copious discharge;
mental disorders that require constant medical supervision.

For these categories of beneficiaries, the area norm per person can be increased, but not more than 2 times. As the Supreme Court has repeatedly pointed out, housing must be provided immediately after the disabled person has the right to receive it out of turn.

How to get an apartment for a disabled person in 2018

This norm is also contained in Article 17 of Law No. 181-FZ, which specifies that the housing area for disabled people of group 1 is increased if the disabled person suffers from a severe form of a chronic disease, the list of which is approved by Decree of the Government of the Russian Federation of December 21, 2004 No. 817 On approval of the list of diseases, giving disabled people who suffer from them the right to additional living space.” Thus, when providing housing to disabled people and families who have disabled children, the recommendations of the individual rehabilitation program for the disabled person, his state of health, and other circumstances are taken into account, such as, for example, proximity to a medical institution, as well as the place of residence of loved ones.

Separate nuances of providing housing for disabled people of group 1. The norms of Law No. 181-FZ provide for additional measures of social support for persons who have been assigned one of the disability groups.

Providing housing for disabled people of the Second World War

This category of beneficiaries is provided with apartments at the expense of the state, regardless of the date of registration and financial situation on the basis of Law 5-FZ on veterans and Presidential Decree No. 714. They can receive housing under a rental agreement or as property. A veteran also has the right to apply for a subsidy for the purchase of an apartment or construction of a house. To calculate it, the standard area per person is taken to be 36 m2, not 18. According to the same rules, family members of a deceased WWII disabled person can receive housing or receive a cash payment.

Housing for disabled people of group 1 in Moscow

Housing for wheelchair users in Moscow

1. I am a wheelchair user of the 1st group.

There is a chance to find housing in Moscow. 1.1. According to Article 17 of the Federal Law of November 24, 1995 N 181-FZ

“On social protection of disabled people in the Russian Federation”

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 federal body authorized by the Government of the Russian Federation executive power. 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

What other categories of disabled people are entitled to housing?

To obtain the right to register as someone in need of improved conditions, a citizen must have separate housing. At the same time, some people who were not included in the queue also have the right to receive an apartment from the state.

Disabled children who do not have parents and are in educational institutions. They can obtain housing after 18 years of age if, for medical reasons, they are able to care for themselves and lead an independent lifestyle. Moreover, they have 2 reasons for providing an apartment: as a disabled person, and as an orphan. They are required to provide them with housing out of turn.
Persons with disabilities who are in social or medical institutions can, if they wish, stand in line for an apartment; they are provided with living space under a rental agreement on the same basis as other disabled people. If a citizen again ends up in a social or medical institution for medical reasons, then the right to housing received under a rental agreement is retained for 6 months. If family members live with him, the right to an apartment is not limited to any period.
Disabled people who have rooms in dormitories can also register as needing improved conditions and receive an apartment on a first-come, first-served basis.

Housing benefits

In addition to the opportunity to get an apartment from the state, people with disabilities have benefits in paying for utilities. They are compensated 50% of the fee:

for the rental and maintenance of residential premises;
for water supply, electricity, sanitation;
for major repairs.

These social support measures do not depend on the type of housing and are provided to both tenants and owners.

Thus, in order to receive an apartment from the state, a disabled person should contact the local administration and register as having a need for improved conditions. Citizens with serious illnesses are provided with housing out of turn.

Question answer

Can I register as needing improved conditions if I currently live with my parents in the Tula region? The area of the apartment is 60 m2, our older brother also lives with us, he is 45 years old, disabled group 1 since childhood?

According to Art. 51 of the Housing Code, citizens whose area per person is less than the established norm are considered to be in need of housing. This indicator is determined by regional authorities. If in your area it is 15 m2 per person, then on this basis you will not be put on the waiting list.

How can a disabled person of group 1 get an apartment?

Is a disabled person of group 1 entitled to housing?

Unfortunately, in the Russian Federation, people with disabilities still represent a rather socially unprotected category of people: some live in cramped conditions or in housing that is not suitable for people with certain physical limitations. And although the procedure for obtaining or improving housing for disabled people of group 1 is provided for by the current legislation of Russia, there are some nuances that need to be taken into account by all citizens in need and in line to purchase housing.

Understanding the basics of the law is useful, but does not guarantee results.
The possibility of a positive outcome depends on many factors.
Each case is unique and individual.

According to Art. 17 of the Federal Law of November 24, 1995 No. 181-FZ On the social protection of disabled people in the Russian Federation (hereinafter referred to as Law No. 181-FZ), disabled people and families who have disabled children in need of improved housing are registered and provided with living space in in the manner prescribed by the laws of the Russian Federation.

To acquire the right to housing, the reason or grounds for the onset of disability does not have legal significance - Law No. 181-FZ equally applies to visually impaired people or citizens whose disability is caused by a severe chronic disease. It should be noted that the legislation does not require conditions under which apartments are provided only to disabled people of a certain group. A significant criterion is the moment of registration as those in need of housing improvement, respectively, before 1.01.

2005 and after January 1, 2005.

Those citizens who were able to register before January 1, 2005 have the right to appropriate payments to buy housing from subventions that are transferred to the corresponding constituent entity of the Russian Federation. Although currently a similar procedure applies to disabled WWII veterans. At the same time, according to Art. 31 of Law No. 181-FZ and the provisions of Art.

Who is disabled?

Conditions for assigning disability

The conditions for group assignment are as follows:

The human body has a serious health disorder with a persistent disorder of body functions caused by congenital or acquired defects, injuries, and serious diseases.
A person needs social protection, including rehabilitation and habilitation.
Limitation of life activity (complete or partial loss of the ability to move, communicate, care for oneself, control oneself, etc.).

Specialists of a special medical examination have the right to recognize a person as disabled, a referral for which can be obtained from a pension fund, a department of social protection of the population, or from a medical organization from the attending physician. It happens that a citizen is denied a referral for an examination, then he can contact the expert bureau independently.

Citizens who have received the status of “disabled” apply for a number of benefits from the state, including material support, transport benefits, reduced tax burden, etc.

In addition, the Government is committed to providing housing for disabled people in need of accommodation.

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Right to housing benefits

Housing benefits that disabled people can count on today are regulated by the Federal Law “On Social Protection of Disabled Persons” and the Housing Code.

What are these measures?

Providing free housing.
Allocation of housing subsidies to compensate for part of the purchased apartment.
Providing disabled people with discounts on housing and housing and communal services.
Allocation of land for individual housing construction for farming or gardening.

Federal law also lists the conditions under which people with disabilities and their families become eligible for additional space or other support measures.

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Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

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.

Procedure for providing benefits

Preferential housing for disabled people of group 2

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.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.

Registration for housing

The issue of priority and how to get housing for a disabled person of group 1, and in general the moments of providing housing today, is divided according to time. Thus, it is customary to distinguish between disabled people registered before January 1, 2020 and after this period.

So, for those who registered before January 1, 2005:

— funds are issued for the purchase of housing;

— the right to receive housing for social rent is retained.

Those who joined the queue for subsidized housing for disabled people of group 1 after January 2005 are given housing in the order of priority, with the exception of cases where disability occurred due to severe forms of chronic diseases, as well as to disabled people suffering from similar diseases.

It is noteworthy that in the absence of available housing, a subsidy is provided for the purchase of housing for disabled people of group 2.

Last changes

Our experts monitor all changes in legislation to provide you with reliable information.

The state provides various benefits and other types of support to socially vulnerable segments of the population. Therefore, in 2020, disabled people in the Russian Federation can legally apply for comfortable housing with ramps and other equipment for people with limited mobility. They can also count on improved living conditions. So, how can a person with a disability get housing?

Queue for housing for disabled people of group 1

1. I have a disabled sister of the 2nd group and we decided to take advantage of the legal right to receive a plot of land from the state, but when we started to figure it out, many questions arose, perhaps someone here can help. When contacting the UIZO, we were told that we needed a site diagram, a certificate of disability and a certificate from the BTI about the absence of real estate in the property, then they said instead that we needed a certificate about being in line to improve housing conditions, from all of this a number of questions arose: 1. So you need a lack of living space in the property or still being in line for residential improvements.

We recommend reading: Certificate form at the place of requirement

conditions? 1.1 Based on the possible answers to the first question, the following arise. The sister's eldest daughter is registered in the apartment of her deceased husband and inherited a share in this apartment. Does this affect the fact that there is no property in the property, since the daughter is under 18?

The sister is registered in a social rental apartment, but is not a tenant. The apartment has 45 sq. m and 3 people are registered, respectively, more than 13.5 sq. m per person, the disability pension + survivor's benefit EXACTLY corresponds to the subsistence level, that is, she is not low-income and does not need to improve her living conditions.

conditions, so no one will put her in line?

2. The completed site plan does not guarantee the receipt of this particular site (we are considering this particular aspect of land work), since it is possible that someone submitted an application for this site before us and it is already under consideration and it can be approved for him, since he was the first, Accordingly, you will have to make a new layout for a new site. Is it possible to somehow insure against repeated expenses and make sure that no one is laying claim to this site at the moment? 3 How are the laws compared in general, that in Art. 17 Federal Law of November 24, 1995

N 181-FZ simply says the presence of disability gives the right to land, as in “On the legal regulation of land legal relations in Lipetsk

Who should?

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

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APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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It is worth noting that only citizens who have officially received the status of disabled people and a disability group can apply for housing. This category includes persons with disabilities, mental or physical.

Disability occurs due to a congenital disorder in the body or an acquired pathology. As a result, such a person becomes unable to fulfill a social role in society.

Recognition of disability is carried out by a special medical commission, which you can get to on your own or by referral from the pension fund/attending physician.

After being assigned the status of “disabled,” a person has the right not only to receive housing on preferential terms, but also to apply for other types of government support: financial assistance, reduction of the tax burden, and transportation benefits.

Housing for disabled people

Despite the fact that the state guarantees support for people with disabilities in housing issues, it is worth remembering that each case is individual. Understanding the provisions of the law is not a guarantee of results, since it is influenced by a combination of factors.

1, 2 or 3 groups

All people with disabilities, regardless of their group, have the right to housing.

The legislation provides guarantees both for citizens suffering from severe chronic diseases and for those whose disabilities are related to vision.

For children

A child officially recognized as disabled applies for a number of benefits, including housing. The number of square meters for which disabled children apply is determined by the decision of local authorities.

In Moscow, for example, the minimum per person is 18 square meters. meters.

For pensioners

Pensioners with disabilities also apply for housing with the following conditions:

the presence of special lifts or ramps;
assistance from the authorities when moving to the first floors of the building.

Disabled pensioners receive housing on a first-come, first-served basis, unless they have a medical condition that makes it possible to obtain housing faster.

What is included in housing maintenance fees? See here.

Housing for wheelchair users of group 1

Rights of people with disabilities when moving into emergency housing
Housing for wheelchair users in Moscow

1. What rights does a disabled person or wheelchair user have when moving into emergency housing?

1.1. The right to receive the same housing.

GOOD LUCK TO YOU 2. I am a wheelchair user of the 1st group.

There is a chance to find housing in Moscow. 2.1. According to Article 17 of the Federal Law of November 24, 1995 N 181-FZ

“On social protection of disabled people in 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 federal body authorized by the Government of the Russian Federation executive power.

Registration procedure

How to get housing for a disabled person of group 1, 2 and 3:

Collect the necessary documents and register in the register of disabled people. It is best to check the list of required documentation for this at the Pension Fund office at your place of registration or residence.
Contact your local government body with an application for registration. A disabled person can submit an application either personally or through a trustee (guardian) or another person representing his interests on the basis of a power of attorney.
If you acquire new diseases or deteriorate your health, immediately notify your local government authority.

Recognition as needy

In order for a disabled person to be recognized as in need of improved living conditions, certain grounds must be present:

living in living space that does not meet accepted sanitary and technical standards;
non-compliance with living space standards per person;
living in housing occupied by several families, together with disabled people suffering from severe chronic illnesses;
cohabitation of several families in non-isolated adjacent premises in the absence of family ties between them;
accommodation in dormitories, with the exception of cases of study, work and seasonal/temporary stay;
long-term residence in housing on a sub-rental basis.

Registration

There are some differences between those disabled people who registered before January 1, 2005, and those who registered after this date.

So, those registered before 2005:

finance is provided for the purchase of real estate;
the right to receive square meters for rent is retained.

Those registered after 2005 are provided with real estate on a first-come, first-served basis, except in cases where the person suffers from severe forms of chronic diseases or these diseases have caused disability.

Required documents

What documents are required to register a disabled person as needing housing:

statement;
extract from the house register;
document proving disability;
a photocopy of the citizen’s personal account;
other documents as necessary.

How to get housing for a disabled person of group 1

Hello! My father is disabled group 1. He does not have his own home. Can he somehow get housing?

Oksana, Omsk Lawyer: Evgeniy Kargapoltsev is now online Oksana, hello. According to Article 17 of the Federal Law of November 24, 1995 No. 181-FZ

“On social protection of disabled people in the Russian Federation”

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 those in need of improved housing conditions, registered after January 1, 2005, are provided with residential premises in accordance with the housing legislation of the Russian Federation. Determination of the procedure for providing residential premises (under a social tenancy agreement or in ownership) to citizens in need of improved housing conditions, who have become for registration before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation. Residential premises are provided to disabled people, families with disabled children, taking into account the state of health and other circumstances worthy of attention. Disabled persons may be provided with residential premises under a social rental agreement with a total area exceeding the provision rate 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 federal executive body authorized by the Government of the Russian Federation.

? According to Article 51 of the Housing Code of the Russian Federation 1. Citizens in need of residential premises provided under social tenancy agreements are recognized (hereinafter referred to as those in need of residential premises): 1) who are not tenants of residential premises under social tenancy agreements, rental agreements for residential premises of the housing stock social use or by family members of the tenant of a residential premises under a social tenancy agreement, a rental agreement for residential premises of a housing fund for social use, or by the owners of residential premises or family members of the owner of the residential premises;

Is it possible to get ahead of the queue?

The state program for supporting people with disabilities provides for the possibility of individuals obtaining an apartment out of turn. This category of citizens includes those who have ailments, a full list of which is set out in PP No. 378.

Such diseases include:

HIV infections;
open tuberculosis;
serious pathologies of the genitourinary system;
severe skin diseases;
significant disorders of the musculoskeletal system.

How much do military personnel pay for renting housing? Information here.

How to get housing for a large family? Details in this article.

How to appeal a refusal?

A refusal received from local authorities can be appealed in court. For filing a claim, you will need to pay a fine of 300 rubles.

The application must be submitted no later than one month from the date of receipt of a negative response. It is not recommended to miss this deadline, as it will be difficult to restore it.

Although people with disabilities belong to a socially unprotected category of citizens, they are quite capable of obtaining justice when their own rights are violated in court. It is recommended to record communications with local government officials in writing. The papers will be used as evidence in court.