The Constitutional Court did not equate the daily rent of housing to hotel services

The Constitutional Court did not equate the daily rent of housing to hotel services



The Constitutional Court (CC) ruled that the daily rental of housing is not equivalent to hotel services, the provision of which is prohibited in apartment buildings. However, short-term rental may be recognized as a hotel service by a court decision in some cases. The Court ordered legislators to take measures to "regulate the peculiarities of short-term rental of residential premises in apartment buildings, maintaining the necessary balance of interests of all participants in such legal relations."

As noted by the Constitutional Court, everyone has the right to have property and dispose of it, the owner has the right to rent out housing for up to five years. No minimum deadlines have been set. The legislation does not establish what criteria lead to the "outgrowth of the permissible rental of residential premises into the prohibited provision of hotel services."

The CC believes that the courts should make balanced decisions. “The court must establish whether the short-term rental of a particular dwelling really creates inconvenience for other residents of the house, significantly exceeding those that arise during the normal use of housing, or whether it obviously increases the exploitation of common areas in an apartment building up to the intensity inherent in hotel activities,”— says in message KS.

The problem was considered within the framework of the statement of Pavel Bakhirev, who was forbidden to use his apartment in Pskov for short-term rent. This is due to the fact that the courts equated his activities with hotel services. The CC decided to reconsider the applicant's case. At the same time, the court, at the request of Mr. Bakhirev, did not recognize Part 3 of Article 17 of the Housing Code of the Russian Federation as unconstitutional, since it “does not imply a ban on short-term rental of residential premises in an apartment building without a meaningful assessment of such activities in relation to hotel services only on formal grounds, if this does not create significant inconvenience for other residents.

More about the problem - in the material "Kommersant" "Daily allowance versus hotel allowance".

Leonid Uvarchev



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