Rus Articles Journal

Whether there is life after resettlement of

Intensive building of Moscow often affects the places which are already taken by other houses. Subsequently such houses go under demolition or from - for their emergency state, or as a result of transfer of a site under construction. Residents of such houses are moved, naturally. Question where? In fact, the resettlement regulated by the Housing code can become big trouble for the former residents - at a failure they can be on street.

law Reefs

For a start should understand in what cases in general eviction of residents from their apartments and houses is possible. 3 possible bases for eviction of residents from their houses are stated in article 91 of the Housing Code (HC): if the house is subject to demolition, threatens with a collapse or is subject to re-equipment in uninhabited. This so-called compelled eviction - in exchange is provided to residents other well-planned room. And the new room has to be within this settlement and to be not less earlier occupied (Art. 96). Also the reef about which moved often do not know is hidden here: if the resident had the excessive square at the person, then in exchange the room is provided to him, on the area there is not less established norm (12 sq.m on one person).

the Provided premises have to conform still to health and technical requirements which are established by profile services. It should be noted that these requirements are just executed less often than others. But the resident has an opportunity to appeal against the decision on allocation of this room in court. If the court recognizes his correctness, then will be obliged to provide it other living space.

the Pricker on soap

according to experts, housing of appropriate quality it is possible to receive instead of the taken-down or reequipped premises the little. As a rule, moved remain are dissatisfied with new living conditions. Discontent can be caused by the different reasons. For example, especially conservative residents complain that it is necessary to come into contact with new neighbors who can be anyone.

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Neither in ZhK, nor in other regulations did not state a number of conditions. For example, anywhere it is not specified that the provided living space has to be at the same distance from the subway, as earlier occupied. That is, in fact, can provide to the resident the apartment from which it is necessary to reach hour the subway.

are not considered by

at resettlement and feature of infrastructure of the area where earlier there was a housing of moved. For example, existence nearby same shops. For anybody not a secret that the same supermarkets very strongly differ at the prices of goods. For example, residents can be moved to the area where there are, say, only “Ramstor“ and “Intersection“ - supermarkets of higher price category though in its old area economy class supermarkets “Pyaterochka“ or “Kopek“ settled down earlier.

One more important problem at resettlement, according to experts, existence in the area of schools, gymnasiums and other educational institutions. Naturally, quality of education and the contingent of pupils and teachers differ. That is, perhaps, the child should go to study in the nearest school in which education level considerably concedes to the level of that school where he studied earlier.

Other problems which it is necessary to face when moving, - backwardness of service in the area, absence of the shops of step availability accepted at the price of movie theaters, parks, more worn-out condition of communication systems, lack of certain conveniences (for example, difficulties when carrying out a cable television or dedicated line the Internet). Generally, as they say, better seven fires, than one moving.

However, eventually, the new room can be sold or exchanged with surcharge or without it for another. Especially as the ownership is transferred to residents in the same volume, as on the property which was earlier at the disposal. That is, if the apartment was privatized, then you automatically become owners of new housing.

With confiscation of property

Despite all reservations, those residents which at eviction receive though some living space instead of old those to whom the right for granting new housing is not granted fall into much best state, than. These people, as a matter of fact, are on street.

of the Condition for such eviction more rigid, and the decision is made by court or prosecutor`s office. Malicious defaulters for utilities can theoretically become the first candidates for eviction. Government officials often declare that soon mass eviction of defaulters will begin. Though still about such cases it is known little.

At most that this requirement to sell the apartment threatens the defaulter if he cannot pay a debt for utilities, and from the realized sum to repay a debt to the state. On the remained money such “immigrant“ has an opportunity to get other apartment which, obviously, will concede on the metric area and cost previous. Also the option of an exchange with surcharge when owners of cheaper apartment liquidate the defaulter`s debt to the state is possible and are installed to its apartment, and he, in turn, moves to their apartment.

But as practice shows to resort to the above-stated options quite difficult - it is necessary to undergo too many bureaucratic procedures. Sometimes defaulters live in apartments years, and even decades, and it is not possible to apply any sanctions to them, except constant preventions. Experts complain that now for many defaulters all threats from municipal services - an empty phrase, and notices they, as a rule, in the next garbage can throw out.

the Black list

But can move without granting other housing not only defaulters. The list of those whom it can concern is provided in articles 98, 99 and 100 of the Housing code.

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According to article 99 of the person, arbitrarily occupying premises, are moved from it administratively according to the sanction of the prosecutor. And follows from the text of article 98 ZhK that the persons which are systematically destroying premises, using it not for designated purpose or violating public rules that makes impossible accommodation of other persons in one house or the apartment with them are subject to eviction without granting other premises. Besides, the persons deprived by a judgment of the parental rights can be moved if their accommodation together with citizens concerning whom they are deprived of these rights, is recognized as impossible. But the decision on eviction of above-mentioned persons cannot be made administratively any more. The judgment is for this purpose required that besides leads to a huge number of bureaucratic procedures which need to be overcome.

One more danger to be moved is specified by

in article 100 ZhK: if the warrant for the apartment is nullified owing to illegal actions of the received his faces. In that case residents are subject to the eviction without granting other living space by a court decision confirming invalidity of the warrant. However if citizens received the invalid warrant not on the fault and without breaking the law, then will move them from the received room, but nevertheless will provide in exchange other housing (that which they occupied earlier). The same fate is prepared that who had on hand the state apartments, and then unduly received the warrant for own. But even in these cases procedure of eviction takes a lot of time and takes away nerves from both parties participating in the conflict.

If you were moved nevertheless, then you in the order established by the law have the right to appeal against a judgment, having submitted the appeal and having achieved reconsideration of the case. And it is necessary to do it practically always if, of course, you do not consider that all claims to you are absolutely lawful: sometimes courts pass not absolutely fair decisions. Therefore fight, assert the rights and: know laws.