The Constitutional Court ordered to change the legislation on resettlement from emergency housing
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The Constitutional Court (CC) ordered to change the norms of the Housing Code (Art. 32 and Art. 57), on the basis of which the courts refused to provide new housing to residents of emergency houses. Now the municipal authorities are obliged to provide new housing only to those living in emergency houses on the basis of a social lease agreement. On three solutions CC drew attention Vedomosti.
The decision was made on the basis of complaints from a family from Nizhny Novgorod, as well as residents of Primorsky Krai and Kemerovo. All of them were denied new housing, although their old houses were uninhabitable.
In their complaints, citizens pointed to the uncertainty in the law, which resulted in conflicting judicial practice and unreasonable differences in the housing rights of citizens of the same category. They also challenged practices that called into question the right to receive housing out of turn depending on the decision of the local government or the decision to include the house in the regional program for relocation from dilapidated housing.
The Lebedev family from Nizhny Novgorod, which has minor children, one of whom has a disability, owned a room of 18 square meters. m in an apartment building, which was recognized as emergency back in 2018. Despite the fact that the family was registered as needy in housing provided under a social contract of employment, the courts refused to provide housing out of turn. The court allowed only to move under the regional targeted resettlement program, and the local authorities did not make a decision to confiscate the old housing from the plaintiffs under Art. 32 LCD. On the same grounds, applicants from other regions were denied, although the house of one was completely burned down, while the other was badly damaged by fire.
The CC concluded that the legal instruments in Art. 32 and Art. 57 LCDs do not form a single systemic mechanism designed to ensure the interests of the poor, whose housing has been declared unfit for habitation.
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