The Supreme Court left the child the right to use housing, even if the court deprived his parents of such a right

The Supreme Court (SC) of the Russian Federation considers that a minor retains the right to stay in an apartment in the event of the loss of the right to use housing by his parents. The corresponding definition (.pdf) On August 16, the Judicial Collegium for Civil Cases of the Supreme Court ruled after studying the dispute between residents of St. Petersburg. We are talking about a lawsuit to recognize as having lost the right to use the living quarters both the father who left the apartment and his child, recalls RBC.

In 1991, one of the residents of St. Petersburg, the head of a family with several children, was given an apartment as a social tenant. When the children grew up and started families, they registered their spouses and children in the apartment. In 2019, one of the owners left the apartment, having previously registered his minor son in it. The remaining tenants filed a lawsuit to recognize the father and his child as having lost the right to use the premises.

“According to paragraph 2 of Art. 20 of the Civil Code of the Russian Federation, the place of residence of minors under 14 years of age, or citizens under guardianship, is the place of residence of their legal representatives – parents, adoptive parents or guardians.

“The fact that the father of a minor is recognized by a court decision as having lost the right to use the residential premises, since he has not lived in it since 2010, does not affect the right of the minor to use the disputed residential premises, which he did not lose when the parent left it,” notes the Supreme Court .

Maria Fedotova