The Constitutional Court instructed to change the legislation on resettlement from emergency housing

The Constitutional Court (CC) of the Russian Federation ordered the legislator to amend Art. 32 and 57 of the Housing Code (LC), on the basis of which the courts refused to provide new housing to residents of emergency housing: now the municipal authorities can provide new housing only to those citizens who live in an emergency building on the basis of a social lease agreement. Spouses Andrei and Tatiana Lebedev from Nizhny Novgorod, as well as a resident of the Primorsky Territory Svetlana Biryukova and a Kemerovo resident Sabir Radzhabov addressed complaints to the highest authority. All of them faced the same problem – they were denied the provision of new housing out of turn, despite the fact that the current one was recognized as unsuitable for life.

The Lebedevs’ complaint states that they and their minor children, one of whom has a disability, are the owners of a room with an area of ​​18.3 square meters. m in an apartment building in Nizhny Novgorod. This house in April 2018 was declared emergency and subject to demolition. In May 2018, by decision of the deputy head of the administration of the Prioksky district of the city, the Lebedevs were registered as needy in housing provided under a social contract of employment as a low-income family. At the same time, the courts denied the extraordinary procedure for obtaining such housing, pointing out that owners, unlike tenants, do not have the right to extraordinary provision of housing, but can only apply for resettlement under the appropriate program. But the Lebedevs’ house is not included in the regional targeted program for the resettlement of citizens from dilapidated housing, and the local government, accordingly, did not make a decision to confiscate the premises from the plaintiffs in accordance with Art. 32 LCD RF.