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Law Enforcement practice of local authorities in the face of administrations of municipal formations formed so that the housing Commission in the administration of unreasonably denied in the formulation of housing policy and persons suffering from certain chronic diseases. Thus, in particular the housing Commission indicated that the applicant and other persons living in the same dwelling does not have a common budget, therefore, denied recognition in need of better housing conditions. The Federal legislator intends to amend article 51 of LC RF.
the Draft Federal law "On amendments to article 51 of the Housing code of the Russian Federation" proposes to recognize the need of accommodation of citizens with severe chronic diseases at which joint residing with them in the same dwelling impossible, and not having other premises occupied under the contract of social hiring, the contract of hiring of premises housing social use, or belonging on the property right. In accordance with clause 3 of part 2 of article 57 of the LC RF citizens in that category provided dwellings in an extraordinary manner. In addition, the draft Federal law "On amendments to article 51 of the Housing code of the Russian Federation" is proposed in determining the needs of citizens in residential premises not to consider the premises found unfit for residence, as such facilities do not meet the requirements to be met by residential premises.
the law Enforcement practice of local authorities in the face of administrations of municipal formations formed so that the housing Commission in the administration of the recognition of the need to improve housing conditions consider the total area of other individuals registered in one dwelling, where the applicant and applicant's family members do not have rights to this dwelling. In this case, when the failure in the formulation of housing policy, the applicant may appeal the denial in court. However, litigation lead to the waste of time and the appearance of costs of legal services. In order to prevent abuse of the rights of local governments and prevent the housing rights of citizens, the draft Federal law "On amendments to article 51 of the Housing code of the Russian Federation" proposes supplementing article 51 of the housing code part 3, finding that in determining the level of provision total area of residential premises of the citizen and his family members in the total gross floor area of the residential premises does not include premises which are in use and (or) property of other persons, provided that the citizen and (or) members of his family do not have the rights to these premises.
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