Peculiarities of eviction from residential premises according to the current legislation. Eviction with the provision of other living quarters.
Housing for the relocated citizens is provided under a social lease agreement in the form of separate apartments within the city limits. If one apartment is provided, it should be provided within the area of residence, if two or more - at least one apartment is provided in the area of residence.
To be the applicant who addresses in local government body, the owner of a premise or the person acting on its behalf under the power of attorney can be.
The list of documents that are attached to the application is listed exhaustively in paragraph 2 of Art. 23 of the Housing Code.
The conditions when the transfer of a dwelling to non-residential premises is impossible due to the actual and objectively unattainable reasons, are as follows:
- The ownership of the property to be transferred is encumbered by the rights of any person (e.g., a family or an apartment is registered in the premises or is encumbered by a right of bequest);
In practice, the translation procedure consists of several conditional stages:
- development of project documentation for the premises to be translated;
- submission of an application for transfer to a local government body and receipt of the decision of this body;
- carrying out of reorganisation, re-planning or other kinds of works if the local government specified necessity of their carrying out;
- Receipt of the Acceptance Commission Act;
- state registration of premises as non-residential (by making changes to the Uniform State Register of Enterprises).
The living quarters must be suitable for citizens. Suitability of a premise for constant residing of citizens is defined by conformity of the given premise to the established sanitary and technical rules and norms, and also other requirements of the legislation.
In order to comply with sanitary norms and requirements, the living room must have the levels of illumination, insolation, noise, vibration, ionizing and other radiation established by standards, appropriate microclimate, air exchange (this requirement is established by the Federal Law "On Sanitary and Epidemiological Welfare of the Population").
The following grounds for declaring the premises uninhabitable can be distinguished:
- reduction of building reliability, strength and stability of building structures and foundations to an unacceptable level caused by physical deterioration of the building;
- Changes in the environment and residential climate parameters, which do not allow to ensure compliance with the necessary sanitary and epidemiological requirements and hygienic standards in terms of the content of potentially dangerous to humans chemical and biological substances, air quality, the level of radiation background and physical factors of noise sources, vibration, electromagnetic fields;
- Deformation of foundations, walls, supporting structures and a significant degree of biological damage to elements of wooden structures of the building, in which the residential space is located;
- Location of the premises (the house where it is located) in hazardous areas of landslides, mudflows, snow avalanches, as well as in areas that are flooded annually and where it is impossible to prevent flooding of the territory with the help of engineering and design solutions.
Citizens who do not agree to move can only be evicted through the courts. At the same time, the court decision must specify where the employer should be relocated to. The tenant retains the right to return to the renovated or reconstructed dwelling regardless of the length of residence in the maneuverable fund.
In case of eviction for the above reasons, the citizens evicted from the previously occupied premises should be provided with other well-equipped housing that meets part 1 of article 89 of the Housing Code of the Russian Federation.