List of diseases for additional accommodation. Additional living space. Excerpts from the List with decoding of codes

Hello!

RESIDENTIAL SPACE STANDARD. RIGHT TO ADDITIONAL LIVING SPACE

The Housing Code of the RSFSR (Article 38) established the standard of living space at 12 square meters. m per person. This figure was the maximum size of the living space provided. Currently, the standards for providing living space have changed. In practice, residential premises are provided to citizens in Russia in the amount of 9 to 12 square meters. m of living space per person.
The standard of living space has important practical significance and is taken into account, in particular, when calculating the payment for residential premises, when providing residential premises to a tenant in connection with a major renovation of a residential building or when evicting a tenant, dividing living space, subletting premises or moving in temporary residents, resolving the issue of providing additional living space.
Modern legislation provides for the following types of housing standards:

  • norm of provision (norm of provision of residential
    space under a social rental agreement);
  • registration norm (norm for registration as those in need of improved housing conditions);
  • social norm (social norm standard for calculating compensation for housing and utilities).

The standard for providing residential area is understood as the minimum size of residential area, on the basis of which the size of the total area of ​​residential premises provided under a social tenancy agreement is determined. The provision rate is established by the local government depending on the achieved level of provision of residential premises and other factors.

The social norm of housing area refers to the size of housing area per person, within which compensation (subsidies) are provided for housing and utilities. The federal standard for social housing area today is 18 square meters. m of total housing area per family member of three or more people, 42 sq. m - for a family of two people, 33 sq. m - for citizens living alone. No revision of this standard is expected until 2010.
The size of the total area of ​​the apartment is determined based on the sum of the areas of all premises of the apartment, including the area of ​​rooms and common areas in the apartment. Common areas in an apartment are auxiliary non-residential premises that are intended to serve only this apartment. These include the kitchen, interior corridor, and other similar premises.
The procedure and conditions for the provision of additional living space and the list of categories of citizens entitled to receive it are established by the legislation of the Russian Federation.
Currently, there is no specific single regulatory document establishing the categories of citizens entitled to receive additional space; Such categories are specified in various regulations.
Additional space in the form of a separate room or in the amount of 18 square meters of total area is provided to citizens suffering from severe forms of certain chronic diseases and other categories of citizens, unless otherwise provided by law.
When determining the size of the provided residential premises, residential premises (shares in the right to residential premises) in respect of which citizens and members of their families have an independent right to use, as well as civil transactions concluded by citizens and members of their families with the residential premises belonging to them are taken into account ( shares in the right to residential premises). As for military personnel, according to Art. 15 of the Federal Law of May 27, 1998 No. 76-FZ "0 status of military personnel" officers in the military ranks of colonel, equal or higher, commanders of military units and certain other categories of military personnel have the right to an additional total living area of ​​at least 15 square meters. m and no more than 25 sq. m.

List of diseases that give disabled people suffering from them the right to additional living space

The diseases specified in the List provide the right to receive additional living space. The basis is Article 17 of the Federal Law of the Russian Federation “On the social protection of people with disabilities in the Russian Federation”: people with disabilities can be provided with residential premises under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice) , if they suffer from severe forms of chronic diseases provided for in the list established by the federal executive body authorized by the Government of the Russian Federation. The current list of diseases is approved by the Decree of the Government of the Russian Federation dated December 21, 2004 No. 817, the text of the resolution is posted on the website of the Rossiyskaya Gazeta.

The new List of Diseases contains not only the names of diseases, but also codes in accordance with the International Classification of Diseases, 10th revision (ICD-10). The International Classification of Diseases contains classes (sections) of codes for diseases and conditions. The ICD is being developed by the World Health Organization, and under its leadership the classification is being revised.
The new List has significantly changed the wording of the clause on mental illness. If, according to the current List, the right to additional living space arises if there is “mental illness requiring mandatory dispensary observation”, then according to the new List such a right is granted in the presence of certain “chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations.”

The formulation of diseases that grant the right to additional living space to wheelchair users is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. Otherwise, the wording remains the same: such diseases, in particular, include organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs. The new List is updated with disease-specific codes, including code G80 for cerebral palsy.

2. Mental illnesses requiring mandatory medical supervision.

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs.

New List

2. Chronic and protracted mental disorders with severe persistent or frequently exacerbating painful manifestations: F01; F03 - F09; F20 - F29; F30 - F33.

Decoding codes:

  • F01 - vascular dementia
  • F03 - F09 - dementia, unspecified; organic amnestic syndrome not caused by alcohol or other psychoactive substances; delirium not caused by alcohol or other psychoactive substances, other mental disorders caused by brain damage and dysfunction or physical illness; personality and behavioral disorders caused by disease, damage or dysfunction of the brain; organic or symptomatic mental disorder, unspecified.
  • F20 Schizophrenia

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs - G35; G60.0; G71.2; G80; T90.2 - T90.9; T91.1; T91.3; Z99.3; Z99.8.

Decoding codes:

  • G35 Multiple sclerosis
  • G60.0 Hereditary motor and sensory neuropathy
  • G71.2 Congenital myopathies
  • G80 Cerebral palsy
  • T90.2 Consequences of fracture of the skull and facial bones
  • T90.3 Sequelae of cranial nerve injury
  • T90.4 Consequences of eye injury in the periorbital region
  • T90.5 Consequences of intracranial injury
  • T90.8 Sequelae of other specified head injuries
  • T90.9 Sequelae of unspecified head injury
  • T91.1 Sequelae of spinal fracture
  • T91.3 Sequelae of spinal cord injury
  • Z99.3 Wheelchair dependence
  • Z99.8 Dependence on other auxiliary machinery and devices
List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment

If a family includes a patient suffering from a severe form of a chronic disease from this List, then the family, subject to the conditions stipulated by housing legislation, is recognized as in need of residential premises provided under social tenancy agreements; in this case, housing must be provided out of turn; the area of ​​the premises may exceed the provision per person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

The current list is approved by the Decree of the Government of the Russian Federation dated June 16, 2006 No. 378, it can be seen on the website of the Rossiyskaya Gazeta.

The new Order has significantly reduced the list of chronic and protracted mental disorders with severe, persistent or often exacerbating painful manifestations. According to the current List, such diseases include the entire class of ICD-10 “Mental disorders and behavioral disorders” - F00-F99. This class includes, for example, block F70-F79 “Mental retardation”, block F80-F89 “Psychological developmental disorders”, block F90-F98 “Emotional disorders, behavioral disorders, usually beginning in childhood and adolescence”. The new List is limited to diseases with codes F20-F29; F30-F33.

The section “Epilepsy with frequent seizures” has been supplemented with code G41 - Status epilepticus.

If at the time of registration of the family as needing residential premises, the child’s disease was included in the List of chronic diseases for which it is impossible for citizens to live together in the same apartment, but this disease is not included in the new List, then this circumstance does not deprive the family of the right to receive priority housing premises.

Excerpts from the List with decoding of codesCurrent List

3. Chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations F00 - F99.

Decoding codes (by blocks):

  • F00-F09 Organic, including symptomatic, mental disorders
  • F10-F19 Mental and behavioral disorders associated with the use of psychoactive substances
  • F20-F29 Schizophrenia, schizotypal and delusional disorders
  • F30-F39 Mood disorders (affective disorders)
  • F40-F48 Neurotic, stress-related and somatoform disorders
  • F50-F59 Behavioral syndromes associated with physiological disorders and physical factors
  • F60-F69 Personality and behavior disorders in adulthood
  • F70-F79 Mental retardation
  • F80-F89 Psychological developmental disorders
  • F90-F98 Emotional disorders, behavioral disorders, usually beginning in childhood and adolescence
  • F99 Unspecified mental disorders

4.Epilepsy with frequent seizures - G40

Decoding codes:

  • G40 Epilepsy
New list

3. Chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations F20 - F29; F30 - F33

Decoding codes:

  • F20 Schizophrenia
  • F21 Schizotypal disorder
  • F22 Chronic delusional disorders
  • F23 Acute and transient psychotic disorders
  • F24 Induced delusional disorder
  • F25 Schizoaffective disorders
  • F28 Other non-organic psychotic disorders
  • F29 Non-organic psychosis, unspecified
  • F30 Manic episode
  • F31 Bipolar affective disorder
  • F32 Depressive episode
  • F33 Recurrent depressive disorder

4.Epilepsy with frequent seizures - G40 - G41

Decoding codes:

  • G40 Epilepsy
  • G41 Status epilepticus
Good luck to you!

In 2012, the Russian Ministry of Health approved List of diseases that give disabled people suffering from them the right to additional living space(Order of the Ministry of Health of Russia dated November 29, 2012 No. 987n) and the List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment (Order of the Ministry of Health of Russia dated November 30, 2012 No. 991n). The documents have not entered into force and will be applied only after the cancellation of the currently valid Lists (approved by Government Decree of the Russian Federation dated December 21, 2004 No. 817 and Government Decree of the Russian Federation dated June 16, 2006 No. 378). The texts of the new orders and the Lists approved by them can be seen on the Rossiyskaya Gazeta website: and. Let's compare the new and existing Lists.

List of diseases that give disabled people suffering from them the right to additional living space

The diseases specified in the List provide the right to receive additional living space. The basis is Article 17 of the Federal Law of the Russian Federation “On Social Protection of Persons with Disabilities in the Russian Federation”: people with disabilities may be provided with residential premises under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice) , if they suffer from severe forms of chronic diseases provided for in the list established by the federal executive body authorized by the Government of the Russian Federation. The current list of diseases is approved by Decree of the Government of the Russian Federation dated December 21, 2004 No. 817, the text of the resolution is posted on the website of the Rossiyskaya Gazeta.

The new List of Diseases contains not only the names of diseases, but also codes in accordance with the International Classification of Diseases, 10th revision (ICD-10). The International Classification of Diseases contains classes (sections) of codes for diseases and conditions. The ICD is being developed by the World Health Organization, and under its leadership the classification is being revised.
The new List has significantly changed the wording of the clause on mental illness. If, according to the current List, the right to additional living space arises if there is “mental illness requiring mandatory dispensary observation”, then according to the new List such a right is granted in the presence of certain “chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations.”

The formulation of diseases that grant the right to additional living space to wheelchair users is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. Otherwise, the wording remains the same: such diseases, in particular, include organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs. The new List is updated with disease-specific codes, including code G80 for cerebral palsy.

Current List

2. Mental illnesses requiring mandatory medical supervision.

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs.

New List

2. Chronic and protracted mental disorders with severe persistent or frequently exacerbating painful manifestations: F01; F03 - F09; F20 - F29; F30 - F33.

Decoding codes:

  • F01 - vascular dementia
  • F03 - F09 - dementia, unspecified; organic amnestic syndrome not caused by alcohol or other psychoactive substances; delirium not caused by alcohol or other psychoactive substances, other mental disorders caused by brain damage and dysfunction or physical illness; personality and behavioral disorders caused by disease, damage or dysfunction of the brain; organic or symptomatic mental disorder, unspecified.
  • F20 Schizophrenia

8. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs - G35; G60.0; G71.2; G80; T90.2 - T90.9; T91.1; T91.3; Z99.3; Z99.8.

Decoding codes:

  • G35 Multiple sclerosis
  • G60.0 Hereditary motor and sensory neuropathy
  • G71.2 Congenital myopathies
  • G80 Cerebral palsy
  • T90.2 Consequences of fracture of the skull and facial bones
  • T90.3 Sequelae of cranial nerve injury
  • T90.4 Consequences of eye injury in the periorbital region
  • T90.5 Consequences of intracranial injury
  • T90.8 Sequelae of other specified head injuries
  • T90.9 Sequelae of unspecified head injury
  • T91.1 Sequelae of spinal fracture
  • T91.3 Sequelae of spinal cord injury
  • Z99.3 Wheelchair dependence
  • Z99.8 Dependence on other auxiliary machinery and devices

List of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment

If a family includes a patient suffering from a severe form of a chronic disease from this List, then the family, subject to the conditions stipulated by housing legislation, is recognized as in need of residential premises provided under social tenancy agreements; in this case, housing must be provided out of turn; the area of ​​the premises may exceed the provision per person, but not more than twice (Articles 51, 57, 58 of the Housing Code of the Russian Federation).

The current list is approved by the Decree of the Government of the Russian Federation dated June 16, 2006 No. 378, it can be seen on the website of the Rossiyskaya Gazeta.

The new Order has significantly reduced the list of chronic and protracted mental disorders with severe, persistent or often exacerbating painful manifestations. According to the current List, such diseases include the entire class of ICD-10 “Mental disorders and behavioral disorders” - F00-F99. This class includes, for example, block F70-F79 “Mental retardation”, block F80-F89 “Psychological developmental disorders”, block F90-F98 “Emotional disorders, behavioral disorders, usually beginning in childhood and adolescence”. The new List is limited to diseases with codes F20-F29; F30-F33.

The section “Epilepsy with frequent seizures” has been supplemented with code G41 - Status epilepticus.

If at the time of registration of the family as needing residential premises, the child’s disease was included in the List of chronic diseases for which it is impossible for citizens to live together in the same apartment, but this disease is not included in the new List, then this circumstance does not deprive the family of the right to receive priority housing premises.

Excerpts from the List with decoding of codes

Current List

3. Chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations F00 - F99.

Decoding codes (by blocks):

  • F00-F09 Organic, including symptomatic, mental disorders
  • F10-F19 Mental and behavioral disorders associated with the use of psychoactive substances
  • F20-F29 Schizophrenia, schizotypal and delusional disorders
  • F30-F39 Mood disorders (affective disorders)
  • F40-F48 Neurotic, stress-related and somatoform disorders
  • F50-F59 Behavioral syndromes associated with physiological disorders and physical factors
  • F60-F69 Personality and behavior disorders in adulthood
  • F70-F79 Mental retardation
  • F80-F89 Psychological developmental disorders
  • F90-F98 Emotional disorders, behavioral disorders, usually beginning in childhood and adolescence
  • F99 Unspecified mental disorders

4.Epilepsy with frequent seizures - G40

Decoding codes:

  • G40 Epilepsy

New list

3. Chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations F20 - F29; F30 - F33

Decoding codes:

  • F20 Schizophrenia
  • F21 Schizotypal disorder
  • F22 Chronic delusional disorders
  • F23 Acute and transient psychotic disorders
  • F24 Induced delusional disorder
  • F25 Schizoaffective disorders
  • F28 Other non-organic psychotic disorders
  • F29 Non-organic psychosis, unspecified
  • F30 Manic episode
  • F31 Bipolar affective disorder
  • F32 Depressive episode
  • F33 Recurrent depressive disorder

4.Epilepsy with frequent seizures - G40 - G41

Decoding codes:

  • G40 Epilepsy
  • G41 Status epilepticus

Hello Irina!

Your sister needs to contact the city administration. If she is recognized as in need of improved housing conditions, she will be able to receive housing under a social tenancy agreement on a first-come, first-served basis in accordance with Art. 49 Housing Code of the Russian Federation. The grounds for recognizing citizens in need of residential premises are established by Art. 51 Housing Code of the Russian Federation.


1) who are not tenants of residential premises under social contracts


family members of the owner of the residential premises;
2) who are tenants of residential premises under social contracts
rental, rental agreements for residential premises of the social housing stock
use or by family members of the tenant of residential premises under a contract
social rent, rental agreement for residential premises of the housing stock
social use either by owners of residential premises or
family members of the owner of the residential premises and provided with a common
the area of ​​living space per family member is less than the accounting norm;
3) living in premises that do not meet the requirements for residential
premises requirements;
4) who are tenants of residential premises under social contracts
rental, rental agreements for residential premises of the social housing stock
use by family members of the tenant of the residential premises under the contract
social rent, rental agreement for residential premises of the housing stock
social use or owners of residential premises, members
the family of the owner of the residential premises living in the apartment occupied by
several families, if the family includes a patient suffering
severe form of chronic disease, in which joint
living with him in the same apartment is impossible, and having no other residential
premises occupied under a social tenancy agreement, rental agreement
residential premises of social housing stock or
owned by right of ownership. List of relevant
diseases are established by the authorized Government of the Russian Federation
Federation is a federal executive body.
2. If a citizen and (or) members of his family have several residential
premises occupied under social tenancy agreements, rental agreements
residential premises of the housing stock for social use and (or)
belonging to them by right of ownership, determining the level
provision of the total area of ​​residential premises is carried out based on the total total area of ​​​​all specified residential premises.

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    • Lawyer, Ramenskoye

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      Does she qualify for free housing?
      Irina

      She will have the right to receive housing if she is recognized as low-income, because per sq. m she passes, because 54/5 = 10.8 sq.m., and the norm is 14.5 sq.m.

      Income should not exceed 8,591 rubles per person, but if the income is more, then they will not be recognized as low-income and will not be registered. Housing will be provided on a first-come, first-served basis

      The cost of living for the 2nd quarter of 2015 was established by Resolution of the Cabinet of Ministers of the Chuvash Republic No. 318 dated September 9, 2015.
      At the rate of:
      Average per capita 8591 rub., for the working population 9120 rubles, for pensioners 6995 rubles, for children 8649 rubles.
      By Decree of the Head of Administration of Cheboksary dated April 15, 2005 No. 129, the accounting standard for the area of ​​residential premises in the capital of Chuvashia was established from March 1, 2005 in the size of 14.5 sq. meters of total housing area per person.

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      Thank you for the answer

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      Lawyer, Moscow

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      Hello. If she has epilepsy with frequent seizures, then yes, she can get housing. Her illness is then included in the Decree of the Government of the Russian Federation of June 16, 2006 N 378 “On approval of the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment” under disease code G40.

      By virtue of the provisions of paragraph 4 of part 1 of Article 51 of the Housing Code of the Russian Federation, the presence of a citizen (tenant or owner of residential premises) living in an apartment has a severe form of chronic disease, in which living together with him in the same apartment is impossible, is an independent basis for recognizing such a citizen in need of residential premises, in connection with which the provision of the applicant with living space in excess of the accounting norm for recognizing him as needing residential premises on the basis of paragraph 4 of part 1 of Article 51 of the Housing Code of the Russian Federation has no legal significance.

      Article 51. Grounds for recognizing citizens as needing residential premises provided under social tenancy agreements
      1. Citizens in need of residential premises provided under social tenancy agreements are recognized (hereinafter referred to as those in need of residential premises):
      4) who are tenants of residential premises under social tenancy agreements, lease agreements for residential premises of a social housing stock, family members of a tenant of a residential premises under a social tenancy agreement, a tenancy agreement for residential premises of a social housing stock or owners of residential premises, family members of the owner of a residential premises living in an apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which living together with him in the same apartment is impossible, and who do not have other residential premises occupied under a social tenancy agreement, a rental agreement for residential premises of the housing stock social use or owned by right of ownership. The list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation.

      The absence in the legislation of an indication of the period during which housing must be provided to citizens who have the right to receive it out of turn indicates that housing for this category of citizens must be provided immediately after the emergence of the corresponding subjective right - the right to receive housing out of turn, and not in the order of any queue (according to the list of those out of turn).

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      Client clarification

      Hello! Thanks for the answer.

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      Lawyer, Rybinsk

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      Hello!

      The right to housing for people with disabilities is enshrined in Article 17 of the Federal Law of November 24, 1995 N 181-FZ

      “On social protection of disabled people in the Russian Federation”

      Disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and the legislation of the constituent entities of the Russian Federation.

      Disabled people and families with disabled children in need of improved housing conditions, registered after January 1, 2005, are provided with living quarters in accordance with the housing legislation of the Russian Federation.
      Determining the procedure for providing residential premises (under a social tenancy agreement or ownership) to citizens in need of improved housing conditions who registered before January 1, 2005, is established by the legislation of the constituent entities of the Russian Federation.
      Residential premises are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention.
      Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.

      According to Article 51 of the Housing Code of the Russian Federation

      1. Citizens in need of residential premises provided under social tenancy agreements are recognized (hereinafter referred to as those in need of residential premises):

      2) who are tenants of residential premises under social tenancy agreements, rental agreements for residential premises of a social housing stock, or family members of a tenant of a residential premises under a social tenancy agreement, an agreement for the rental of residential premises of a social housing stock, or owners of residential premises or family members of the owner of a residential premises and provided with a total living area per family member less than the accounting norm;

      4) who are tenants of residential premises under social tenancy agreements, lease agreements for residential premises of a social housing stock, family members of a tenant of a residential premises under a social tenancy agreement, a tenancy agreement for residential premises of a social housing stock or owners of residential premises, family members of the owner of a residential premises living in an apartment occupied by several families, if the family includes a patient suffering from a severe form of chronic disease, in which living together with him in the same apartment is impossible, and who do not have other residential premises occupied under a social tenancy agreement, a rental agreement for residential premises of the housing stock social use or owned by right of ownership. The list of relevant diseases is established by the federal executive body authorized by the Government of the Russian Federation.

      That is, first of all, you need to contact the city’s housing department with an application to be recognized as needing residential premises, and then wait in line if the decision is positive (to be recognized as needy).

      In the city of Cheboksary, the housing standard for recognition as needy is 14.5 square meters. meters.

      54/5=10.8 sq. meters.

      That is, the decision will definitely be positive.

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      Lawyer, Moscow

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      Irina

      To the local administration, to the commission for housing registration. They will give you a package of documents that you need to collect.

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      Lawyer, Ramenskoye

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      Where should she go first?
      Irina

      To the city administration in the housing registration department

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      Lawyer, Rybinsk

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      Where should she go first?
      Irina

      First of all, you must contact the housing policy department of the city or district at your sister’s place of residence with an application to recognize her as in need of residential premises. They will give you a list of documents that need to be collected and make a decision on your application.

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      Lawyer, Kurganinsk

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      Hello Irina!

      According to Part 3 of Art. 49 Housing Code of the Russian Federation, residential premises of the housing stock
      of the Russian Federation or the housing stock of a constituent entity of the Russian Federation according to
      social tenancy agreements are granted by another specified federal law, decree of the President of the Russian Federation or law of a constituent entity of the Russian Federation
      Federation to the categories of citizens recognized as established by this
      Code and (or) federal law, decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation on the basis of those in need of residential premises. These residential premises are provided in accordance with the established
      this Code, unless a different procedure is provided for by the specified federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation.

      Thus, recognition of a low-income family is not required. Housing must be provided in accordance with special standards: Art. 17 Federal Law of November 24, 1995 N 181-FZ (as amended on December 28, 2013) and clause 2 of the RULES FOR PROVIDING BENEFITS TO DISABLED PEOPLE AND FAMILIES WITH DISABLED CHILDREN, IN PROVIDING THEM WITH RESIDENTIAL PREMISES, PAYMENT FOR HOUSING AND UTILITIES, approved. Decree of the Government of the Russian Federation of July 27, 1996 N 901.

      According to Article 17 of the Federal Law “On social protection of disabled people in the Russian Federation” disabled people and families with disabled children in need of improved housing conditions are registered and provided with living quarters in the manner prescribed by the legislation of the Russian Federation and
      legislation of the constituent entities of the Russian Federation. Disabled people and families with disabled children, in need of improved housing conditions, facing
      registration after January 1, 2005, are provided with residential premises in accordance with the housing legislation of the Russian Federation. Living spaces
      are provided to disabled people and families with disabled children, taking into account their state of health and other circumstances worthy of attention. Disabled people may be provided with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice), provided that they suffer from severe forms of chronic diseases provided for in the list established by the federal body authorized by the Government of the Russian Federation executive power.

      RULES FOR PROVIDING BENEFITS TO DISABLED PEOPLE AND FAMILIES WITH DISABLED CHILDREN, BY
      PROVIDING THEIR LIVING PREMISES, PAYMENT FOR HOUSING AND UTILITIES:
      2. Grounds for recognition
      disabled people and families with disabled children in need of improved housing
      conditions for registration are:
      provision of housing per member
      families below the level established by the executive authorities of the constituent entities
      Russian Federation;
      living in a residential premises (house) that does not meet established sanitary and technical requirements;
      living in apartments occupied by several families, if the family includes patients suffering from severe forms of certain
      chronic diseases in which living together with them (according to the conclusion of state or municipal treatment and prophylactic
      healthcare institutions) in one apartment is impossible;
      living in adjacent non-isolated rooms for two or more families in the absence of family relationships;
      accommodation in dormitories, with the exception of seasonal and temporary workers, persons working under a fixed-term employment contract, as well as citizens settled in connection with their studies;
      living for a long time on a sublease basis in houses of the state, municipal and public housing stock, or rental in
      houses of housing construction cooperatives, or in residential premises owned by
      citizens on the right of ownership who do not have other living space.
      When registering to improve the living conditions of disabled people, their right to additional living space is taken into account.
      Disabled people and families with disabled children may be considered in need of improved housing
      conditions and on other grounds established by laws and other regulatory legal acts of the constituent entities of the Russian Federation.
      3. Accounting for those in need
      improving the living conditions of disabled people and families with disabled children,
      carried out:
      at the place of residence - by a specially authorized local government body or specially
      an appointed official;
      at the place of work - at enterprises, institutions and other organizations with housing stock for
      the right of economic management or in operational management.
      Disabled people and families with
      disabled children may be registered to improve their living conditions
      simultaneously at the place of work and at the place of residence.
      4. For registration
      disabled people and families with children in need of improved housing conditions -
      disabled people, submit an application, to which are attached:
      extract from the house register;
      a copy of the financial personal account;
      a copy of a certificate confirming the fact of disability, and
      a copy of the individual rehabilitation program for a disabled person;
      other documents taking into account specific circumstances (certificates from the bureau
      technical inventory, healthcare institutions, etc.).
      5. Disabled people and families with
      disabled children registered as citizens in need of improved housing
      conditions are included in separate lists for the provision of residential premises as a priority
      ok.
      6. Living quarters for disabled people
      and families with disabled children are provided for each family member in
      within the limits established by state authorities of the subjects
      Russian Federation. Additional living space in the form of a separate room
      provided to disabled people in accordance with the list of diseases approved
      Government of the Russian Federation.
      Providing a disabled person
      residential premises in state or municipal housing stock
      carried out taking into account his right to additional living space.
      7. When providing residential
      premises for disabled people and families with disabled children are taken into account
      recommendations for an individual rehabilitation program for a disabled person, his condition
      health, as well as other circumstances (approaching
      medical and preventive institution, place of residence of relatives, friends, etc.).
      8. Disabled people and families,
      with disabled children, the living quarters they occupy can be replaced
      to other equivalent residential premises in accordance with individual
      rehabilitation program for disabled people (relocation from the upper floors of houses to the lower ones,
      approaching the place of residence of relatives, friends, etc.).

      A severe form of a chronic disease is taken into account in two
      cases:

      • when providing a disabled person or a family with a disabled person with residential premises under a social tenancy agreement with a total area exceeding the norm for provision per person (but not more than twice) (Article 17 of the Federal Law of November 24, 1995 N 181-FZ);
      • when living in apartments occupied by several families, as a basis for registration (subclause 4, clause 1, article 51 of the Civil Code of the Russian Federation).

      On the possibility (not obligation) of providing housing
      There is no more norm of speech yet. If you live with two families in one room and if your sister suffers from a severe form of a chronic disease, then she must be registered as a housing resident.


      Thus, your family can be recognized as needing housing under a social tenancy agreement on one of two grounds:
      • on the basis of the provision of housing for each family member below the level established by the executive authorities of the constituent entities of the Russian Federation;
      • on the basis of living as two families in one apartment, if you suffer from a severe form of a chronic disease.

      To register, contact the local government authority at your place of residence with an application and the above documents. And your family should be included in separate lists for provision of living quarters as a matter of priority.

      Sincerely,
      lawyer, member of the Council of Experts "Pravoved.RU"
      Alexander Bezgodov

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      Lawyer, Kurganinsk

      Chat
      • 7.1 rating
      • expert

      Plus, you need to be recognized as low-income.
      Samarin Alexander
      She will have the right to receive housing if she is recognized as low-income,
      Magola Violetta Olegovna

      I don't agree with my colleagues. Part 2 of Art. does not apply here. 49 Housing Code of the Russian Federation, and part 3 of Art. 49 Housing Code of the Russian Federation:

      3. Residential premises of the housing stock of the Russian Federation or the housing stock of a constituent entity of the Russian Federation under social rental agreements are provided others certain federal law , by decree of the President of the Russian Federation or by law of a constituent entity of the Russian Federation categories of citizens , recognized on the grounds established by this Code and (or) federal law, decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation as needing residential premises. These residential premises are provided in the manner established by this Code, unless a different procedure is provided for by the specified federal law, a decree of the President of the Russian Federation or the law of a constituent entity of the Russian Federation.

      Thus, recognition of a low-income family is not required. Housing must be provided in accordance with special standards: Art. 17 of the Federal Law of November 24, 1995 N 181-FZ (as amended on December 28, 2013) “On the social protection of people with disabilities in the Russian Federation” and clause 2 of the RULES FOR PROVIDING BENEFITS TO DISABLED PEOPLE AND FAMILIES WITH DISABLED CHILDREN FOR PROVIDING THEM WITH RESIDENTIAL PREMISES, PAYMENT FOR HOUSING AND UTILITIES, approved. Decree of the Government of the Russian Federation of July 27, 1996 N 901.
      In this case, the procedure for provision is regulated by the general rules of Art. 52 of the Housing Code of the Russian Federation in conjunction with the special norms of the specified “Rules...” in particular on the priority provision of housing.

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      Lawyer, Kurganinsk

      Chat
      • 7.1 rating
      • expert

      housing for the specified category of citizens must be provided immediately after the emergence of the corresponding subjective right - the right to receive housing out of turn, and not in the order of any queue (according to the list of those not in turn).
      Samarin Alexander

      Housing is provided to disabled people out of turn if they have epilepsy with frequent seizures.

      If there are no frequent seizures, then housing is not provided out of turn, but the disabled person is included in separate lists to be provided with housing on a priority basis.

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      Client clarification

      Lawyer, Kurganinsk

      Chat
      • 7.1 rating
      • expert

      Is the degree of epilepsy determined by a psychiatrist? She has seizures several days a month, and these days can even be more than five.
      Irina

      Yes, this can only be determined by a doctor.

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      Lawyer, Ramenskoye

      Chat
      • 8.5 rating

      Is the degree of epilepsy determined by a psychiatrist? She has seizures several days a month, and these days can even be more than five.
      Irina

      Do you go to the doctor every time? to record the sister's condition?

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      Client clarification

      Lawyer, Ramenskoye

      Chat
      • 8.5 rating

      She is registered with our psychiatrist. He receives prescription medications every month. If you don't take your medicine regularly, you have more seizures. visits the doctor once every six months
      Irina

      In any case, you will need a doctor's report indicating how often seizures occur in order for housing to be provided out of turn.

  • The state offers many social benefits for people who experience certain difficulties. In this article we will talk about separate housing in case of illness, a list of diseases for obtaining separate housing, the size of square meters in case of illness, what to do if the other residents suffer because of the patient.

    Separate housing in case of illness

    The bottom of the grounds for providing separate housing is indeed associated with severe forms of illness. But it has a number of features. Let's analyze it in detail.

    The reason for providing housing will be the situation if several families live in an apartment, one of which includes a patient suffering from a severe form of a chronic disease, in which living together is impossible. And at the same time, the family should not have other housing.

    That is, if the patient is a member of the family of all people living together in the apartment, housing is not provided. But if two families live under one roof, then the family with a sick person has the right to receive housing.

    Members of the same family include: spouses, children and parents living together. That is, if these particular relatives live with you in the apartment, you are all considered one family and therefore cannot apply for housing. If someone else from those not listed lives, then you will be considered two families living in one apartment, and accordingly you will be subject to the conditions for the provision of housing. § Art. 31, 51 of the Housing Code of the Russian Federation.

    List of diseases for obtaining separate housing

    The diseases specified in the List provide the right to receive additional living space. The basis is Article 17 of the Federal Law of the Russian Federation “On the social protection of people with disabilities in the Russian Federation”: people with disabilities can be provided with residential premises under a social tenancy agreement with a total area exceeding the provision rate per person (but not more than twice) , if they suffer from severe forms of chronic diseases provided for in the list established by the federal executive body authorized by the Government of the Russian Federation. The current list of diseases is approved by Decree of the Government of the Russian Federation dated December 21, 2004 No. 817, the text of the resolution is posted on the website “ Russian newspaper».

    The new List of Diseases contains not only the names of diseases, but also codes in accordance with the International Classification of Diseases, 10th revision (ICD-10). The International Classification of Diseases contains classes (sections) of codes for diseases and conditions. The ICD is being developed by the World Health Organization, and under its leadership the classification is being revised.

    The new List has significantly changed the wording of the clause on mental illness. If, according to the current List, the right to additional living space arises if there is “mental illness requiring mandatory dispensary observation”, then according to the new List such a right is granted in the presence of certain “chronic and protracted mental disorders with severe persistent or often exacerbating painful manifestations.”

    The formulation of diseases that grant the right to additional living space to wheelchair users is supplemented by arthropathic psoriasis, which requires the use of wheelchairs. Otherwise, the wording remains the same: such diseases, in particular, include organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs. The new List is updated with disease-specific codes, including code G80 for cerebral palsy.

    • 1. Mental illnesses requiring mandatory medical supervision.
    • 2. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) dysfunction of the pelvic organs.
    • 3. Chronic and protracted mental disorders with severe persistent or frequently exacerbating painful manifestations: F01; F03 - F09; F20 - F29; F30 - F33.

    Decoding codes:

    • F01 - vascular dementia
    • F03 - F09 - dementia, unspecified; organic amnestic syndrome not caused by alcohol or other psychoactive substances; delirium not caused by alcohol or other psychoactive substances, other mental disorders caused by brain damage and dysfunction or physical illness; personality and behavioral disorders caused by disease, damage or dysfunction of the brain; organic or symptomatic mental disorder, unspecified.
    • F20 Schizophrenia
    • F21 Schizotypal disorder
    • F22 Chronic delusional disorders
    • F23 Acute and transient psychotic disorders
    • F24 Induced delusional disorder
    • F25 Schizoaffective disorders
    • F28 Other non-organic psychotic disorders
    • F29 Non-organic psychosis, unspecified

    1. Organic diseases of the central nervous system with persistent dysfunction of the lower extremities, requiring the use of wheelchairs, and (or) with dysfunction of the pelvic organs - G35; G60.0; G71.2; G80; T90.2 - T90.9; T91.1; T91.3; Z99.3; Z99.8.

    Decoding codes:

    • G35 Multiple sclerosis
    • G60.0 Hereditary motor and sensory neuropathy
    • G71.2 Congenital myopathies
    • G80 Cerebral palsy
    • T90.2 Consequences of fracture of the skull and facial bones
    • T90.3 Sequelae of cranial nerve injury
    • T90.4 Consequences of eye injury in the periorbital region
    • T90.5 Consequences of intracranial injury
    • T90.8 Sequelae of other specified head injuries
    • T90.9 Sequelae of unspecified head injury
    • T91.1 Sequelae of spinal fracture
    • T91.3 Sequelae of spinal cord injury
    • Z99.3 Wheelchair dependence
    • Z99.8 Dependence on other auxiliary machinery and devices

    Where to go to get a patient a separate place to live

    After new amendments to the Housing Code of the Russian Federation came into force, the “reference point” for determining those in need of improved housing conditions became 15 square meters of occupied space per family member. Although in some regions of Russia these standard square meters are somewhat different. Now citizens, provided with 15th sq. meters of housing or more, if they meet all the standards of residential premises and the requirements of the sanitary service, cannot be registered as needing housing.

    Let's give a simple example. Let's say in an apartment with a total area of ​​60 square meters. meters live four people - two parents and two children. If previously children who had reached the age of majority could register to improve their living conditions, since according to the documents they did not own the living space in which they live with the owner-parents, then according to current legislation the entire living space of the apartment is divided into four people. Now grown-up children are deprived of the right to be considered in need of housing, since they have the same 15 square meters. meters at your disposal.

    Exactly the same rules apply to divorced spouses if they jointly own a home of 30 square meters. meters or more. However, with the adoption of amendments to the Housing Legislation of the Russian Federation, the concept of “living in the same room between mother and son” is not meaningless. Let's say a mother and son live in a one-room apartment. Even if their total apartment area exceeds 30 square meters. meters upon reaching 18 years of age, the son has the right to improve his living conditions.

    If previously citizens registered in an apartment or house with their relatives, where the housing area did not meet the standards of the Housing Code, could register to improve their living conditions, then in February 2010, amendments to the legislation came into effect. Now, when registering a citizen, the sum of all square meters used by his family in one locality at the time of filing an application for improvement of living conditions is taken into account. It should be clarified that the concept of “tenant’s family” includes: spouses, parents, children and relatives or citizens who live with them in a common area and run a common household with them.

    For example, a family of three lives in a small two-room apartment, one of whom owns a house in the same city. Then none of the members of this family can register for improved housing conditions, since each family member has more than 15 square meters. meters of housing.

    If previously a family was in line to improve their living conditions and had children, then after a child from this family came of age, he could, with the rights of a full citizen of the Russian Federation, separately apply for improvement of his housing. In other words, the queue was divided, but not from the moment the child came of age, but from the time when his parents or guardians initially registered for housing improvement.

    According to the newly adopted amendments to the Housing Code Law, the division of the waiting list for housing improvement is now considered from the moment the child comes of age (after 18 years) or at the time of his marriage (if the marriage is registered before his 18th birthday). Moreover, the amendment is valid only if the 18-year-old citizen, at the time of filing an application for improvement of housing conditions, does not have additionally acquired housing with the right of personal ownership (purchased, donated, inherited, etc.).

    The newly adopted legislation of the Housing Code also takes into account the rights of illegitimate children born after divorce or adopted, unless, of course, they have their own home at the time of filing the application. At the same time, in the house or apartment of their parents or guardians, square meters of housing are no longer registered for them if they are registered on their own.

    What to do if other residents suffer because of the patient

    All residents have an equal right to use the corridor, kitchen, bathroom, toilet, hallway. By default, it is considered that residents can occupy the area of ​​the specified premises with furniture and other property according to their share in the apartment. The procedure and sequence of use of these premises are not established by law. All disputes regarding the use of public places are resolved in court.

    Owners of residential premises do not have the right to allocate or alienate a share in kind in property owned by all other owners of a communal apartment under the right of common ownership. When selling a share in a communal apartment, the new owner acquires the right to use common areas, and the previous owner loses them.

    Repair of common areas The fact of the need for repair work is established depending on the method of managing the apartment building:

    • representatives of organizations managing and servicing the house;
    • owners of shares in a communal apartment;
    • attracted experts.

    Based on the drawn up inspection report, a decision is made on the need for repair work. If a positive decision is made, an estimate is drawn up. Repairs to common areas are carried out at the expense of homeowners in proportion to their shares.

    Owners of housing in a communal apartment, without notifying neighbors, have the right to:

    • rent out housing under a rental agreement;
    • register, including on a temporary basis, citizens in this premises.

    In case of obtaining the right to use a room in a communal apartment on the basis of a social tenancy agreement, the tenant has the right, subject to the norm for the provision of living space (12 sq. m. total area per person):

    1. Sublease housing with the written consent of: the landlord; all members of the employer’s family living in the given territory; all neighbors and members of their families living with them.
    2. Allow other citizens to live in this residential premises, on the legally occupied area: free of charge; under a social tenancy agreement; on a temporary basis, no more than 6 months in a row; with the permission of the landlord; with the consent of your family members.

    Homeowners have the legal right to receive guests, who can use common areas on the same basis as other residents of a communal apartment or other housing.

    Important! For all questions about separate housing if you are sick, if you don’t know what to do and where to go:

    Call 8-800-777-32-63.

    Or you can ask a question in any pop-up window, so that a lawyer on your question can answer and advise you as quickly as possible.

    Lawyers for medical, social and housing issues, and lawyers who are registered on Russian Legal Portal, will try to help you from a practical point of view in this matter and advise you on all issues of interest.