The court protected the right of a disabled child to improve living conditions

The regional Ministry of Construction and Housing and Communal Services denied him this.

A resident of Saratov had to prove in court the right of her incompetent daughter to improve her living conditions. The problem was that formally the girl was registered in her father’s apartment, where she never lived.

The story began with the fact that a Saratov woman, who lived alone with her disabled daughter in a dorm room, turned to the regional Ministry of Construction and Housing and Communal Services with a request to put her daughter on the waiting list for those in need of improved housing conditions. She was denied due to the fact that the girl was registered in her father’s apartment until 2019. That is, according to the papers, the need to improve housing conditions appeared less than five years ago.

Then the woman went to court. But the Kirovsky District Court of Saratov sided with the ministry: since there was registration, it was too early to register those in need.

The problem was resolved only in the regional court. There, in particular, they indicated that registration or its absence cannot serve as a basis for restriction or a condition for the implementation of the rights and freedoms of citizens. And the girl’s registration at her father’s place of residence is only one piece of evidence in the case. The court of first instance did not take into account the fact that she never lived, and could not live, with her father due to the fact that the apartment was in poor technical condition.

The regional court overturned the district court’s decision, and the First Cassation Court of General Jurisdiction supported its colleagues. So now the girl can hope for a quick housewarming.