They ask you to write a refusal of official housing. Reasoned refusal of service housing by military personnel

Thus, based on the analysis of the above norms, the provision of smaller office residential premises, residential premises of a mobile fund or residential premises in a dormitory is of a temporary nature (until the receipt of residential premises in accordance with the standards established by Article 15.1 of Law No. 76-FZ) and is carried out only with consent of the serviceman. In the absence of the specified residential premises, military units rent residential premises to provide for military personnel or, at their request, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount determined by the Government Russian Federation.

How can a military personnel refuse housing?

In the event that military personnel to whom messages about the provision of residential premises have been sent do not agree to the provision of residential premises within ten days from the date of receipt structural subdivision authorized body notification of delivery of the message, the specified official living quarters are provided to other military personnel included in the list for the provision of official living quarters. The provision of service living quarters to military personnel specified in paragraphs five and six of this paragraph is carried out in the manner prescribed by this Instruction.

Attention

Anton, the basis for refusal to provide official residential premises is the availability of housing in the appropriate locality. There are no restrictions on the number of refusals to provide official residential premises.

Does a military serviceman have the right to refuse official housing?

Russian Federation. In accordance with paragraph 3 of the “Instructions on the provision of military personnel - citizens of the Russian Federation undergoing military service under a contract in the Armed Forces of the Russian Federation, service residential premises", approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 "On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a contract social hiring and official residential premises" (hereinafter referred to as the Instruction, Order No. 1280), official residential premises are provided to military personnel and members of their families not lower than the standards for the provision of residential premises when providing residential premises under a social tenancy agreement, established by Article 15.1 Federal Law dated May 27, 1998 No. 76-FZ “On the status of military personnel.” According to Part 1 of Art.

Reasoned refusal to obtain housing for military personnel in Roujo

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal. Introduction to the topic The first part of Federal Law No. 76 of May 27, 1998 guarantees that every military personnel of the Russian Federation must be provided with housing or monetary compensation for hiring, while living space provided by the state must meet the requirements specified in another article legislative act- Article 15.1.
According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area is allocated to each member of the military family with whom he lives together. The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to.

Forum for mutual legal assistance of military personnel

The application form can be free, but it is recommended to use Form No. 4, attached to the special instructions of the Ministry of Defense of the Russian Federation. According to it, the message must indicate the following:

• The current date;
• text “I refuse to provide the accommodation specified in this message”;
• It is recommended to indicate the reasons for refusal below;
• signature and its decoding.

If within 10 days the serviceman has not sent a refusal or consent to the housing provided to the relevant unit of the authorized body, the living space will be provided to other citizens who are in line to receive service apartment, while the serviceman himself will subsequently lose the right to claim living space.

Refusal of a service apartment provided for a military serviceman.

Question: Hello! Can you please provide a list of reasons for being removed from the queue for official housing? And how many times can I refuse the offered official housing for legally? I am a contract serviceman. The first time I was divided into two people one-room apartment from the maneuverable fund, I refused it due to the fact that we are soon expecting the birth of a child and therefore can qualify for a two-room apartment.
I provided a certificate from the clinic stating that my wife was registered at 35 weeks of pregnancy. Now I have received a second notification that they have again allocated a one-room apartment, but my wife has not given birth yet, we are waiting the other day.

Anton, 26 years old, Stavropol Answer: Anton, hello. In accordance with Part 2 of Art. 99 " Housing Code Russian Federation" dated December 29, 2004 No. 188-FZ (ed.

Thus, the basic law on privatization contains provisions prohibiting the privatization of such premises. This law reserves the right to make decisions on granting the right to privatize official housing to the owner. It is important to define the concepts and understand which dwellings are classified as official ones and, as a result, cannot be privatized. Supreme Court provided clarification on this matter. Government Decree No. 1301 of 1997 states that dormitories, shelters, hotels, office and other premises that are suitable for people to live in must be registered with the state. Taking into account the above, after making a decision to include a certain premises in the category of official premises, it must be registered as such with the state registration authorities.

• loses the right to use a service apartment;
• deregistered;
• must leave premises that do not belong to him.

Attention

He will not be able to participate in privatization, even if he has lived in this apartment for more than 10 years. Children cannot be former relatives, so within six months after discharge they can be participants in the privatization of their parent’s apartment.

• remove this apartment from the list of official ones;
• transferred to municipal jurisdiction.

This is done in agreement with:

• the head of the enterprise to which the housing belongs;
• head of the municipality.

The tenant of the office premises has the right to apply to the employer for the provision of housing ownership.

Who is eligible? The right to receive ownership of office premises, if such a decision is made by their owner, has the citizens who occupy them under a lease agreement and registered in the prescribed manner. That is, the subjects of privatization of service housing are practically the same as those of municipal housing.
The difference is that the owner and tenants, in addition to the relationship under the housing tenancy agreement, are also connected by labor or service relations. Privatization of official housing after March 1, 2018 Since the deadline free privatization was once again extended, now it is expected to end on March 1, 2017.
Consequently, the privatization of service housing after March 1, 2018 occurs under the same conditions as before. That is, their privatization is possible only by the owner’s decision to provide such an opportunity.

Service apartment

Info

This rule does not apply to:

• state farm housing stock;
• agricultural enterprises equivalent to them.

That is, rural residents have the right to demand ownership of the housing they occupy, both transferred to municipal ownership and managed by enterprises. The law allows this. Municipal If service housing, previously owned by enterprises or organizations, was transferred to the balance of the municipality, then it lost its status.

Consequently, such apartments are considered to be transferred to their residents under a social tenancy agreement and there are no obstacles to their privatization. The norms of the Housing Code of the Russian Federation and the privatization law apply to the rental of such housing.

Military personnel For military personnel, the decision on the privatization of service housing is related to the status of the military camp where it is located.

• How can a military personnel refuse housing?
• Service apartment
• Does a military serviceman have the right to refuse official housing?
• Refusal of proposed service housing
• Can I refuse company housing and continue to receive subletting?
• Forum mutual legal assistance military personnel
• Features of privatization of official housing

How can a military person formalize a refusal of housing? Law No. 76-FZ, the norm for providing the area of ​​residential premises provided in accordance with this Federal Law into ownership free of charge or under a social tenancy agreement, is 18 square meters total area living space for one person. In accordance with paragraph.

Is it possible to privatize service housing and how?

The defendant justified his refusal by the fact that the plaintiff was settled in Staff only, which according to the law cannot be privatized. The applicant claimed that the apartment was provided to him under a social rent contract and he did not know anything about the fact that it had official status.

The case materials contain information that this apartment was registered to an Open Joint Stock Company, which was recorded in the Unified State Register of Real Estate Rights. The court ruled in favor of the plaintiff, justifying this by the fact that the state registration certificate of the apartment confirms that it does not belong to either state or municipal property.

The ownership rights to it belong to the OJSC, and therefore the applicant cannot privatize it in accordance with the provisions of the law on privatization.

How is the privatization of official housing carried out?

Refusal of the proposed service housing If it is closed, then:

• privatization is impossible due to the special status of such entities;
• housing will have to be left after the end of service or transfer to another duty station.

In all other cases, the Ministry of Defense as the owner, as well as the structures created by it that own the premises with the right of operational management or economic management, has the right to decide on:

• removal of apartments from a specialized fund;
• transferring them into ownership to military personnel.

Former family members The right to privatize official housing belongs to the employee or employee to whom it was provided.
The premises that are allocated to the employee for the period of fulfillment of his labor obligations are called office premises. Such housing is owned not by the municipality, but by a specific organization.

According to the law, official housing cannot be privatized. This will only be possible if its status is changed and it is placed on the balance sheet of local government bodies.

Despite the fact that the period for privatization was extended, there is not much time left to transfer it into your own property. Considering the problematic nature of privatization of service apartments and the reluctance of owners to part with them, people who live in such housing are in a difficult situation.
To complete the procedure for privatization of official housing, a person must make a corresponding request to the owner of the apartment.

Refused official housing, can you apply again and how to do it

Based on the results of the review, the authority makes a decision on the possibility of privatization.

• If a citizen has been refused privatization because he submitted an incomplete package of documents or some inaccuracy was found in them, he has the right until March 1, 2018 to eliminate all problematic issues and re-apply.
• If a person has received the go-ahead for privatization, he enters into an agreement with the local administration, which is then registered with Rosreestr.
Features of the privatization of official housing When privatizing official housing, some features of the process should be taken into account.

Important

This application is considered and a decision is made on it. If it is positive, then further coordination with the municipal authorities will be necessary to transfer the official housing to their balance sheet and remove this status from it.

After completing all formal procedures, the apartment can be privatized. Going to court You can also seek privatization of your service apartment through the court.

But success can only be achieved if the housing was not properly registered as official. If there was no transfer from specialized housing, and registration did not take place in Rosreestr, then the court will most likely make a positive decision.
It is also possible to achieve privatization in the case where the owner of the apartment agrees to transfer it to the city for further privatization, but the municipality is in no hurry to make a decision on this matter.
According to the Decree of the Government of the Russian Federation dated December 31, 2004 No. 909 “On the procedure for paying monetary compensation for renting (subletting) residential premises to military personnel - citizens of the Russian Federation serving under a contract, citizens of the Russian Federation discharged from military service, and members of their families" financial compensation for the rental (sublease) of residential premises is paid to military personnel of the Russian Federation undergoing military service under a contract and members of their families who are not provided with residential premises suitable for permanent or temporary residence at the place of their military service at the expense of the Ministry of Defense of the Russian Federation in the amounts specified a rental (sublease) agreement for housing, but not more than the size determined by the Government of the Russian Federation.
The ban imposed on the privatization of such housing has certain conditions for its application. They were developed on the basis of law enforcement practice.

Decisions of the Supreme Court of Russia stipulate that restrictions on the rights of persons to privatize official housing must be justified by legislative norms. The courts have the opportunity to decide whether the restriction of human rights to privatization was justified.

Judicial practice The Constitutional Court, in its decision of April 18, 2006 No. 119-0, determined that the right to participate in privatization should be ensured by the possibility of observing certain human guarantees during the transfer of ownership of open joint stock companies property. Among such guarantees is the right to housing, which is enshrined in the Constitution, allowing individuals to privatize it.

The state pays great attention to providing military personnel with necessary housing. Based current legislation every military man must be provided in cash for the acquisition or construction of his own living space, or he must be provided with living space.

Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided. However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space.

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.

Introduction to the topic

The first part of Federal Law No. 76 of May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for rent, while the living space provided by the state must meet the requirements specified in another article of the legislative act - Article 15.1. According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area is allocated to each member of the military family with whom he lives together.

The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to. In such situations it is possible:

• provision of smaller living space;
• provision of living quarters from the maneuverable fund of the Ministry of Defense of the Russian Federation;
• provision of living space in a dormitory.

Along with this, the implementation of these options requires the written consent of the military personnel. In such cases, housing is allocated temporarily until an apartment with the appropriate area is found. If he refuses everyone possible ways solution to the problem, the state undertakes to rent him suitable housing or pay monetary compensation. The serviceman receives it along with his monthly allowance.

How to correctly issue a refusal

It is worth noting that if a serviceman is provided with any housing, he has the right to refuse it, however, there must be appropriate grounds for this.

To correctly formalize the refusal of housing, you must refer to one of the following provisions:

• the area of ​​the housing provided is less than that required by law (Federal Law No. 76 of May 27, 1998);
• the living space does not meet the sanitary and epidemiological requirements that apply to all residential premises. This includes finishing defects, the presence of fungi, lack of furniture, sanitary facilities, etc.
• new living conditions worse than before. Federal Law No. 76 of May 27, 1998 prohibits worsening the living conditions of military personnel.

Appropriate motivation for refusal is of great importance. If the reason why you refuse housing is considered unconvincing, you may be completely excluded from the queue for an apartment. This not only means that you cannot qualify for living space in the future, but also have no basis for receiving monetary compensation for rent.

When can it be beneficial to give up office housing?

There are many situations where giving up company housing can be much more beneficial. To begin with, it is worth immediately highlighting all the cases when the proposed housing simply does not correspond to its status: there are obvious defects, the housing does not meet sanitary conditions. Apartments in emergency and dilapidated houses are also sufficient grounds to consider refusal.

If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location. In such cases, it is also beneficial for the serviceman to refuse to receive it.

In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the serviceman gets the opportunity to accumulate finances or use them for his needs. In such cases, many may find it more beneficial to keep the hire compensation. However, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still compelling reason.

Registration procedure

The refusal must be completed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate unit of the authorized body. It is drawn up on form No. 2, which is always attached to the message about the proposed living space. The application form can be free, but it is recommended to use Form No. 4, attached to the special instructions of the Ministry of Defense of the Russian Federation. According to it, the message must indicate the following:

• The current date;
• text “I refuse to provide the accommodation specified in this message”;
• It is recommended to indicate the reasons for refusal below;
• signature and its decoding.

If within 10 days the serviceman has not sent a refusal or consent to the provided housing to the relevant unit of the authorized body, the living space will be provided to other citizens who are in line to receive a service apartment, while the serviceman himself will subsequently lose the right to apply for living space. At the same time, he will also lose the right to receive monetary compensation for rental housing, which is why, if you do not agree with the housing you receive, you must write a written refusal.

Important points

It is also worth mentioning some important points.

• if you decide to refuse the apartment provided, you may be moved back in line and wait for the next offer indefinitely;
• the service apartment cannot be privatized in the future. This is a significant argument for many military personnel in favor of renting living space through monetary compensation;
• A service apartment is provided only to military personnel who do not have any other housing in the region in which they are serving.

Thus, every serviceman has the right to both claim living space and refuse it if he provides compelling arguments in favor of its non-compliance with current legislation.

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How to refuse company housing

How can an officer refuse official housing and receive sub-rent?

Hello, if you refuse official housing, you will not have the right to count on monetary compensation for subletting residential premises.

How can I refuse company housing? The commander wants to move everyone to VG, I live in the city closest to him, within the garrison, my wife has property, I don’t want to move to VG because there are no conditions for a normal life there, 4 shops and that’s it, no doctors, no clubs, nothing for leisure, the village, but everyone is forced to move, what to do in this situation?

Hello, you have the right to refuse official housing without giving any explanation, but in this case you will not be able to receive monetary compensation for subletting.

How can I correctly refuse company housing in favor of subletting if I am offered an apartment much larger area for one person (instead of a 1- or 2-room apartment) and, on top of that, it is unfit for habitation as there is no renovation and there is mold on the walls.

Hello, dear visitor to the site, if you refuse official housing, you will not receive anything for subletting. Good luck to you and all the best, with respect, lawyer Ligostaeva A.V.

How to legally refuse official housing if it is far from the place of duty. And continue to live in rented housing.

I’ll answer with a question: why give it up? In Krasnodar someone is extra square meters into a burden? It’s better to ask a different question: what to do with this housing if it’s inconvenient to live yourself...

How can you give up a service apartment and not lose the right to pay rent?

☼ Hello, If you have been provided with a service apartment, in this case there can be no rental housing. I wish you good luck and all the best!

How to reasonably refuse service housing will not suit the area. The gas is turned off in the new building.

Do you think this is an unreasonable refusal? No infrastructure! I think this is a good reason, but as long as the employer also has housing stock!

We want to refuse official housing, what reason should we give so that everything is competent and legal?

Hello, anyone. You have such a right, the main thing is not to do harm in the future. Best wishes.

what kind is there and indicate

What reasons for refusing official housing are considered justified.

Hello! Availability of living quarters in the area where the military unit is deployed. GOOD LUCK TO YOU

What good reasons could a serviceman have to refuse official housing and receive compensation for raising housing?

Unsuitable for habitation. And only through the court.

In your case, it is better to delay the paperwork; the apartment will be revoked on its own. As one of the reasons for refusal, you can indicate that you are going to get married and your future wife is pregnant with twins. Subsequently, you can say that the marriage did not take place, since it turned out that you are not the father.

How can I refuse official housing if it is located 120 km from the service, but also the service and the service. Is the housing located in St. Petersburg?

Write to the address of the landlord specified in the rental agreement for office housing, a statement of termination of the rental agreement. If you have the keys to the front door, send a registered parcel with a list of investments, also to the landlord. If an agreement has not been concluded, but there is only a warrant, still contact the landlord (the person who provided the housing) with a statement that you have left the official housing, thereby terminating the rental agreement. Everything is sent by registered mail with a list of attachments.

How to give up company housing and get subletting?

Are you a military man? You can refuse to enter into a rental agreement for specialized residential premises (service apartments are designed this way). In this case, you will not be excluded from the list of those in need of housing (and this is important for receiving compensation for subletting housing). In practice, they are usually moved to the end of the waiting list.

Under what article can you refuse office housing if the area does not correspond?

There is no such article, refusal of a service apartment, write a report addressed to the unit commander

I am a military serviceman, I was offered service housing, I refused it, since my service was 20 calendar years and I was entitled to permanent housing. Until that time, I had never been provided with official housing. Due to the fact that I refused official housing, they refused to pay me compensation for renting housing. Is this legal?

Hello! No, appeal to court

How to correctly refuse official housing if all security standards are met. Rented housing is closer to the place of duty.

So what exactly is the difficulty?

How can you correctly refuse official housing without being taken off the waiting list? By sanitary standards Most likely housing is passing. This is my second refusal of official housing. In the JO they are threatening to remove you from the queue through legal action. Thank you.

if there is no reason. that is, the housing is suitable, I don’t see any options. Only if it is not on the territory of the duty station or in the nearest settlement

How can you refuse military mortgage and stay in service housing?

Within the framework of the law, without the consent of the command - no way.

• 1 Introduction to the topic
• 2 How to correctly issue a refusal
• 3 When it may be beneficial to refuse official housing
• 4 Registration procedure
• 5 Important points

Need legal advice? We will give expert advice in a difficult situation Introduction to the topic The first part of Federal Law No. 76 dated May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for rent, while the living space provided by the state must meet the requirements specified in another article of the legislative act - Article 15.1. According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area is allocated to each member of the military family with whom he lives together.

Refusal of a dormitory room for military personnel

Dormitory: 4 floors, 1 bathroom, shower in the basement + a certain contingent. Question: how can I motivate my refusal in order to once again have the right to apply for consideration of my question by the commission? Is the reason for refusing such housing the child’s illness (two children have enuresis, one has hydrocephalic syndrome - we are registered with a neurologist for both of them). Or is it possible to indicate some other reason? The administration has such a fund. Reason for issuing housing: in the fund for this moment there is no suitable apartment. I am not standing in any queue. This is service housing. During work.

Does a military serviceman have the right to refuse official housing?

Apartments in unsafe and dilapidated buildings are also a sufficient reason to think about refusal. If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location.

Info

In such cases, it is also beneficial for the serviceman to refuse to receive it. In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the serviceman gets the opportunity to accumulate finances or use them for his needs.

Let's rent. refusal of official housing in favor of subletting.

Attention

However, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still compelling reason. Registration procedure The refusal must be completed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate unit of the authorized body.

How can a military personnel refuse housing?

Provisions on the payment of monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation, performing military service under a contract, and members of their families, approved by Resolution No. 909, monetary compensation is paid to military personnel in the event of impossibility of providing residential premises in accordance with the legislation of the Russian Federation at the request of military personnel at the expense of funds allocated from federal budget for these purposes federal body executive power, in which federal law provides for military service in the amount stipulated by the contract rental (sublease) of housing concluded in writing, but not more than the established sizes. Based on the above, based on the system analysis of paragraph 3 of Art. 15 of Federal Law N 76-FZ and paragraph.

Forum for mutual legal assistance of military personnel

The state pays great attention to providing military personnel with necessary housing. Based on current legislation, every military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space. Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided.
However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space. In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.