§11.1. Subject and form of the social rental agreement

The features of a social tenancy agreement are as follows:

1) the object of the contract is an isolated residential premises, which is not necessary for a commercial lease agreement;

2) the object of the social rental agreement is located in the housing stock for social use (state or municipal);

3) the body acts as a lessor state power Russian Federation and its subject or local government; the employer may be an individual;

4) at the request of the tenant and his family members, the contract may be concluded with one of the family members. In the event of the death of the tenant or his departure from the residential premises, the contract is concluded with one of the family members living in the residential premises;

5) members of his family living under a social tenancy agreement with the tenant enjoy all rights and fulfill all obligations specified in the agreement, on an equal basis with the tenant;

6) payment for residential premises and utilities for the tenant of residential premises is determined in accordance with uniform tariffs;

7) the social tenancy agreement is of an indefinite nature.

The norm of Part 3 of Article 60 of the Housing Code of the Russian Federation provides additional guarantees for employers. A change in the grounds and conditions giving the right to receive residential premises under a social tenancy agreement does not constitute grounds for termination of such an agreement. It has great value due to the fact that the Housing Code of Russia has changed the grounds for obtaining residential premises. The above article does not provide for restrictions on changing the terms of a social tenancy agreement in the event of a change in the grounds and conditions giving the right to receive residential premises under a social tenancy agreement. Such a change may be associated, for example, with a change in the amount of payment (Article-by-Article Commentary to the Housing Code of the Russian Federation / Under the general editorship of N.M. Korshunov. M.: Eksmo, 2005. P. 127).

A social tenancy agreement for residential premises is concluded without specifying its validity period. According to Part 1 of Article 61 of the Housing Code of the Russian Federation, the tenant of residential premises in apartment building under a social tenancy agreement acquires the right to use common property in this house.

The subject of the social tenancy agreement must be residential premises (a residential building, apartment, part of a residential building or apartment). The independent subject of a social tenancy agreement cannot be non-isolated residential premises, premises for auxiliary use, as well as common property in an apartment building (Part 2 of Article 62 of the Housing Code of the Russian Federation). A social tenancy agreement for residential premises is concluded in writing on the basis of a decision to provide residential premises for social use housing (Part 1, Article 63 of the Housing Code of the Russian Federation). The standard agreement is approved by the Russian Government. Transfer of ownership of residential premises occupied under a social tenancy agreement, economic management rights or operational management such residential premises does not entail termination or changes in the terms of the social tenancy agreement for residential premises (Article 64 of the Housing Code of the Russian Federation).

Most articles ch. 8 of the Housing Code of the Russian Federation contains new rules governing the conditions and procedure for concluding a social tenancy agreement, its subject matter, as well as the rights and obligations of the parties and other basic relations arising from such an agreement. The rules established in the articles of this chapter are aimed at implementing clause 3, according to which the grounds, conditions and procedure for concluding a social tenancy agreement for residential premises must be determined in housing legislation.

It is advisable to pay attention to the fact that some rules on social tenancy agreements apply to agreements for the rental of residential premises of a specialized housing stock.

Under a social rental agreement for residential premises, one party is the owner of the residential premises of the state housing stock or municipal housing stock (the authorized person acting on his behalf government agency or an authorized local government body) or a person authorized by him (the landlord) undertakes to transfer the residential premises for possession and use to the other party - the citizen (tenant) (Part 1 of Article 60 of the Housing Code of the Russian Federation).

From the definition of a social tenancy agreement for residential premises established in Part 1 of Article 60 of the Housing Code of the Russian Federation, it follows that the landlord under a social tenancy agreement may be the owner of the relevant residential premises, on whose behalf an authorized state body or local government body or authorized by the owner acts as a party to the agreement face. This list is formulated as exhaustive.

The tenant under this agreement is a citizen of the Russian Federation who is registered in housing according to the rules established by Chapter. 7 of the Housing Code of the Russian Federation (see also Art. 51-55 of the Housing Code of the Russian Federation). At the request of the employer and his family members, a social rental agreement may be concluded with one of the family members. In the event of the death of the tenant or his departure from the residential premises, the contract is concluded with one of the family members living in the residential premises (see clause 2).

Article 60 of the Housing Code of the Russian Federation does not contain any indication of the paid nature of the social rental agreement for residential premises. Therefore, it is necessary to take into account the provisions of the Civil Code of the Russian Federation on paid and gratuitous contracts. Thus, an agreement is assumed to be compensated unless otherwise follows from the law, other legal acts, content or essence of the agreement (clause 3). Consequently, a social rental agreement for residential premises, as a rule, is of a compensated nature, i.e. The tenant under such an agreement is obliged to pay fees for the use of residential premises, for the maintenance and repair of this premises, as well as for utilities in accordance with the rules of Section VII of the Housing Code of the Russian Federation.

At the same time, as already noted, the Housing Code of the Russian Federation provides for an exception to this rule: residential premises must be provided on social rental terms without paying a fee for the use of occupied residential premises to persons recognized as low-income in the prescribed manner (see Article 156 of the Housing Code of the Russian Federation). This exception applies only to those residential premises that belong to the municipal housing stock for social use.

The subject of the social tenancy agreement must be residential premises (a residential building, apartment, part of a residential building or apartment).

The independent subject of a social tenancy agreement cannot be non-isolated residential premises, premises for auxiliary use, as well as common property in an apartment building (Part 2 of Article 62 of the Housing Code of the Russian Federation).

Residential premises under a social tenancy agreement are provided to a citizen for possession and use for living in it.

According to Part 1 of Art. 61 of the Housing Code of the Russian Federation, the tenant of residential premises in an apartment building, under a social tenancy agreement for this residential premises, acquires the right to use the common property in this building.

Unlike the commercial tenancy agreement discussed above, the social tenancy agreement is concluded without setting a term.

A social tenancy agreement for residential premises is concluded in writing on the basis of a decision to provide residential premises for social use housing (Part 1, Article 63 of the Housing Code of the Russian Federation). We are, of course, talking about simple written form (not notarial). A standard social rental agreement for residential premises is approved by the Government of the Russian Federation.

Previously, in practice, the written form of a social tenancy agreement was not always observed. However, this did not entail any negative consequences for citizens, since the main document confirming the right to a given residential premises (along with the decision of the body that provided the residential premises) was considered a warrant for residential premises (Article 47 of the RSFSR Housing Code).

A social tenancy agreement cannot be terminated if the grounds and conditions giving the right to conclude such an agreement have changed. Part 3 of the commented article deals with cases where, for example, the financial situation of the tenant’s family has improved or he has acquired other residential premises under the right of ownership, etc. Such circumstances can only influence changes in the terms of payment for residential premises provided under social rent.

The transfer of ownership of residential premises occupied under a social tenancy agreement, the right of economic management or the right of operational management of such residential premises does not entail the termination or change of the terms of the social tenancy agreement (Article 64 of the Housing Code of the Russian Federation).

The subject of the agreement may be premises (apartment, residential building) located in the state or municipal property, transferred to citizens indefinitely and free of charge (subject to timely payment of fees for the use and maintenance of the premises). The rights of the parties to this agreement are regulated by the Housing Code. Eviction of citizens from premises is possible in case of systematic violation of the rights of neighbors, non-payment of money for the use or maintenance of the premises for six months, or use of the premises for other purposes.

Social rental agreement for residential premises

Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer the residential property to the other party - the citizen (tenant) premises for possession and use for living there under the conditions established by the Housing Code (Part 1 of Article 60 of the Housing Code of the Russian Federation of December 29, 2004 No. 188-FZ, hereinafter referred to as the Housing Code of the Russian Federation).

The housing fund for social use was first provided for in Art. 12 of the Law of the Russian Federation of December 24, 1992 No. 4218-1 “On the fundamentals of federal housing policy”, the presence of which predetermined the possibility of establishing a new type of residential tenancy agreement - a social tenancy agreement, which was precisely and clearly enshrined in Art. 67 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation).

This agreement refers to the types of rental agreement for residential premises, along with the commercial rental of residential premises (see paragraph 1 of Article 670 of the Civil Code of the Russian Federation). The subject of the social rental agreement must be residential premises (residential building, apartment, part of a residential building or apartment) (Part 1, Article 62 of the Housing Code of the Russian Federation). The open-ended nature of the contract in question is indicated by Part 2 of Art. 60 Housing Code of the Russian Federation. This agreement is consensual, mutual, compensated. This agreement is concluded in writing (Part 1, Article 63 of the RF Housing Code).

The content of the agreement is enshrined in Art. 65 of the Housing Code of the Russian Federation (rights and obligations of the landlord of residential premises under a social tenancy agreement) and Art. 67 of the Housing Code of the Russian Federation (rights and obligations of a tenant of residential premises under a social tenancy agreement), and responsibility in Art. 66 of the Housing Code of the Russian Federation (liability of the landlord of residential premises under a social tenancy agreement) and Art. 68 of the Housing Code of the Russian Federation (responsibility of the tenant of residential premises under a social tenancy agreement). In order to unify the work of state authorities and local self-government, the Decree of the Government of the Russian Federation of May 21, 2005 No. 315 approved the Standard Social Tenancy Agreement for residential premises.

The general conditions (prerequisites) for the provision of residential premises under a social tenancy agreement are named in clause 1, part 1, art. 19, part 2 art. 49, part 1 art. 91.15 of the Housing Code of the Russian Federation, including: 1) obtaining by a citizen of the Russian Federation the status of a low-income citizen in need of residential premises provided under social tenancy agreements (recognition as such on the grounds established by the Housing Code of the Russian Federation); 2) provision of residential premises from the municipal housing stock for social use, the housing stock of a constituent entity of the Russian Federation for social use, the housing stock of the Russian Federation for social use; 3) compliance with the order of priority based on the time of acceptance of these citizens for registration as those in need of residential premises under lease agreements for residential premises of the social housing stock. The Housing Code of the Russian Federation also contains categories of citizens who are provided with residential premises under a social tenancy agreement on an extraordinary basis (see Part 2 of Article 57 of the Housing Code of the Russian Federation).

27. Social rental agreement for residential premises: concept, subject, parties, form, content of the agreement.

Under a social rental agreement for residential premises, one party - the lessor (the public owner, a body authorized by him or a person authorized by him) undertakes to transfer to the other party - the citizen (tenant) the residential premises for possession and use for living in it on the terms established by law (Part 1 Art. 60 LCD).

The subject (object) of a social tenancy agreement is residential premises, which can be a residential building (single-apartment), apartment, part of a residential building or apartment, room

Parties social rental agreements for residential premises are between the lessor and the tenant.

Landlord under a social tenancy agreement there may be:

– the owner of the residential premises, on whose behalf an authorized state body or local government body acts as a party to the agreement;

- a person authorized by the owner.

This list is exhaustive.

Employer is a citizen of the Russian Federation who is registered in housing according to the rules established by the Housing Code of the Russian Federation. At the request of the tenant and his family members, as well as in the event of the death of the tenant or his departure from the residential premises, a social rental agreement is concluded with one of his family members living in the residential premises (Clause 2 of Article 672 of the Civil Code of the Russian Federation).

The social tenancy agreement for residential premises is concluded in writing on the basis of a decision to provide residential premises housing stock for social use (clause 1 of article 63 of the Housing Code of the Russian Federation). Consequently, if a social tenancy agreement for residential premises is concluded in writing in the absence of the specified decision, the requirement for the form of the agreement cannot be considered met.

Conditions and form of a social rental agreement for residential premises A social rental agreement is concluded only in writing on the basis of a decision of the housing fund. Essential conditions of a standard housing contract: number of rooms, location address, size of total area and other characteristics.

Additional terms of the agreement

1. Board size. According to the agreement, the tenant can be provided with hot and cold water supply, electricity, sewerage, heat supply, gas supply and other utilities. The tenant must pay for them on time, unless the contract stipulates otherwise. 2. Repair. Major and current repairs of the premises are the responsibility of the tenant, unless otherwise established by the contract. 3. Subletting. If the landlord agrees, the tenant may transfer all or part of the rented premises for the use of the subtenant. The period is not indicated in the document, since under such an agreement residential premises are provided to citizens for indefinite use and possession.

28. Rights and obligations of the landlord under a social tenancy agreement for residential premises

Residential premises under social tenancy agreements are provided to citizens who are registered as needing residential premises. The decision to provide residential premises under a social tenancy agreement is the basis for concluding a corresponding social tenancy agreement within the period established by this decision (in contrast to previously applied orders for residential premises).

For citizens registered as needing residential premises, such premises can be provided from three types of housing stock: the Russian Federation; subject of the Russian Federation; municipal.

Under a social tenancy agreement, residential premises must be provided to citizens at their place of residence (within the boundaries of the relevant locality) with a total area per person of at least the provision norm, taking into account other residential premises owned by these citizens.

When providing a citizen with residential premises under a social tenancy agreement, actions and civil transactions with residential premises are taken into account, the commission of which led to a reduction in the size of the occupied residential premises or to their alienation. The specified transactions and actions are taken into account for the period established by the law of the subject of the Russian Federation preceding the provision of residential premises to a citizen under a social tenancy agreement, but not less than 5 years.

If a citizen and (or) members of his family have several residential premises occupied under social tenancy agreements and (or) owned by them by right of ownership, the level of provision with the total area of ​​the residential premises is determined based on the total total area of ​​all these residential premises.

Residential premises cannot be provided under social tenancy agreements to foreign citizens and stateless persons, unless an international treaty of the Russian Federation provides otherwise. A special procedure for the provision of residential premises under social tenancy agreements is determined by law for low-income citizens. Citizens are recognized as low-income by local government in the manner established by the law of the relevant constituent entity of the Russian Federation, taking into account the income per family member and the value of property owned by family members and subject to taxation.

Order of the Ministry of Regional Development of the Russian Federation dated February 25, 2005 No. 17 “On approval of Methodological Recommendations for government bodies of constituent entities of the Russian Federation and local governments on establishing the procedure for recognizing citizens as low-income for the purpose of registering and providing low-income citizens recognized as needing residential premises , residential premises of the municipal housing stock under social tenancy agreements" contains an approximate methodology for determining the amount of income and the value of property in order to recognize citizens as low-income and provide them with residential premises under social tenancy agreements.

Recognition of a citizen as low-income occurs in several stages:

Determination of citizens whose income and property value should be assessed when classifying citizens as low-income;

Determining the reliability and verification of information provided by citizens for recognition as poor for the purpose of registration;

Determination of citizens' income;

Assessment of property owned by the applicant citizen and members of his family and subject to taxation;

Establishing the amount of income per family member;

Reassessment of the income and value of citizens’ property in order to re-confirm the right to provide them with residential premises.

A social tenancy agreement is a type of residential tenancy agreement provided for in Art. 671 of the Civil Code of the Russian Federation, according to paragraph 1 of which, under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (the lessor) undertakes to provide the other party (the tenant) with residential premises for a fee for possession and use for living in it.

In accordance with paragraph 1 of Art. 432 of the Civil Code of the Russian Federation in any contract, the condition on the subject is considered, of course, essential. As the name itself suggests, the subject (object) of the rental agreement is residential premises, i.e. real estate intended for residential purposes.

Residential premises are recognized as isolated premises, which are immovable property and are suitable for permanent residence of citizens (meet the established sanitary and technical rules and norms, other legal requirements) Sweet Yu.P., Housing Law: Textbook. allowance / Answer. ed. V.P. Mozolin. M.: Yurist, 2005. p. 12;.

A social tenancy agreement can be considered concluded only if it contains features that make it possible to individualize the residential premises transferred under the social tenancy agreement. One should agree with the opinion of Yu.K. Tolstoy that only the precisely indicated address of Yu.K. Tolstoy will allow individualization of residential premises. Housing law. M., 1996. p. 28;.

Residential premises are provided from the housing stock for social use in accordance with the provision rate, which is established for each municipality separately. The housing stock for social use is understood as the totality of residential premises of state and municipal housing funds provided to citizens under social tenancy agreements (Article 19 of the Housing Code of the Russian Federation).

Residential premises transferred under a social tenancy agreement, consisting of an apartment or one or more rooms, must be intended for permanent residence of citizens and be isolated (Part 2 of Article 15 of the Housing Code of the Russian Federation). Part of a room, adjacent rooms (connected by a common entrance) and utility rooms cannot be an independent subject of a social tenancy agreement.

Mandatory requirement for the premises as a subject of rental: the residential premises must be free from any obligations.

Residential premises under a social tenancy agreement must be provided at the place of residence of the registered person, within the boundaries of the relevant locality and with a total area per person not less than the provision norm (Part 5 of Article 57 of the Housing Code of the Russian Federation). Citizens registered as needing residential premises under social tenancy agreements, as a rule, should be provided with residential premises in the form of apartments or residential buildings (if the relevant housing stock includes houses intended for single-family residence). An isolated room can be provided only in exceptional cases, provided for in Part 4 of Art. 59 of the Housing Code of the Russian Federation (when vacated living quarters in a communal apartment are provided).

In exceptional cases, residential premises under a social tenancy agreement may be provided with a total area exceeding the provision rate per person, but not more than 2 times. For such cases, Part 2 of Art. 58 of the RF Housing Code relates to:

If the living space consists of one room or one-room apartment And;

If the residential premises are intended for the occupancy of a citizen suffering from one of the severe forms of chronic diseases specified in the list approved by the Government of the Russian Federation, Resolution of the Government of the Russian Federation of December 21, 2004 No. 817 “On approval of the list of diseases giving disabled people suffering from them the right to additional housing square" // Rossiyskaya Gazeta. 2004. December 29. .

In addition, when providing residential premises under a social tenancy agreement, the occupancy of one room by persons of different sexes, with the exception of spouses, is allowed only with their consent P.V. Krasheninnikov, Housing Law. M., 2005. p. 99;.

The next aspect that needs to be addressed here is the consideration of what cannot be the subject of a social tenancy agreement. The subject of a social tenancy agreement cannot be S.A. Charkin, D.N. Alyabyev. Social rental agreement for residential premises. Elista, 2007. p. 50;:

Premises unsuitable for permanent residence;

Non-isolated residential premises, rooms of apartments and residential buildings connected by a common entrance (adjacent rooms) and parts of rooms;

Premises for auxiliary use (for example, kitchen, bathroom, corridor, etc.);

Common property in an apartment building (for example, inter-apartment staircases, elevators, technical floors and other property listed in Article 36 of the Housing Code of the Russian Federation).