The orphan’s right to social housing had to be proven in the Supreme Court
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The reason is her grandmother’s inheritance, which she never received
The former guardian of the orphan girl had to go through all the courts in order to prove that the state was obliged to provide her with housing under a social tenancy agreement. The Supreme Court put an end to the matter.
A native of Azov, Marina (name changed) became a child left without parental care when she was 11 years old: her parents were deprived of parental rights. Her grandmother was appointed guardian. However, after just three years, the elderly woman was released from her duties as a guardian, and the girl ended up in an orphanage. However, shortly before her death, the grandmother wrote a will, according to which her house in Rostov-on-Don was to go to Marina and two more grandchildren. When her grandmother died, Marina, still a minor, was appointed a new guardian; she became a resident of the capital. The girl moved to Moscow without inheriting. Her mother, deprived of parental rights, died a year after her departure.
When Marina turned 23, she, as an orphan, had to receive housing. Her guardian applied to the Department of Labor and Social Protection with a statement in which she asked to include her ward in the list of orphans and children without parental care who are supposed to be provided with housing from a specialized housing stock. But she was refused.
Then she went to court. At first, everything went well: the Basmanny District Court of the capital took her side. However, the Moscow City Court overturned his court decision, and the point of view of his colleagues was supported in the cassation court. The argument in both cases was that the girl inherited part of the house in Rostov, and could have assumed inheritance rights several years ago.
In the Supreme Court, colleagues were corrected: in accordance with federal and Moscow legislation, the right to social housing is granted to almost all orphans and children left without parental care who are registered in Moscow. An exception is made for those who already rent residential premises under a social tenancy agreement, own their own living space, that is, do not need housing. In the case of Marina, this is not the case, so the Supreme Court overturned the decisions of the appeal and cassation and upheld the decision of the Basmanny Court.
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