Supplement № 2 HOUSING CODE OF THE RUSSIAN FEDERATION (Draft) Outline Section 1. General provisions Chapter 1. Housing legislation Article 1. Major background and the tasks of the housing legislation Article 2. General definitions being used for the purposes of this Code Article 3. Relationships governed by the housing legislation Article 4. Housing legislation and other normative legal acts, which contain the norms of housing rights Article 5. Application of the housing legislation and other legislation to the housing legal relationships Article 6. Competence of the Russian Federation within the field of governing the housing relationships Article 7. Competence of the subjects of the Russian Federation within the field of governing the housing relationships Article 8. Competence of local self-government’s bodies within the field of governing the housing relationships Chapter 2. Rights and obligations of citizens and legal entities within housing relationships Article 9. Citizens’ right for dwelling Article 10. Freedom of choice of the residence location Article 11. Family members and citizens permanently residing together Article 12. Arising of housing rights and obligations Article 13. Inviolability of a dwelling Article 14. Ensuring citizens’ rights for dwelling Article 15. Obligations of citizens and legal entities within the housing relationship Article 16. Protection of housing rights and responsibility for their violation Article 17. Responsibility for the inadequate usage of housing stock and other violations of the housing legislation Article 18. Reimbursement of a damage caused to the housing stock Article 19. The order of resolution of housing disputes Chapter 3. Housing stock Article 20. The housing stock on the territory of the Russian Federation 2 Article 21. The purpose of residential houses, residential premises Article 22. Requirements which are propounded in respect of residential houses, residential premises Article 23. Housing stock tenure Article 24. Referral of garden lodges and other buildings to housing stock Article 25. State accounting of housing stock Article 26. State registration of the rights on residential houses, residential premises Article 27. State monitoring the usage and preservation of the housing stock Article 28. Transition of residential houses, residential premises into nonresidential ones Article 29. Residential houses and residential premises which are not suitable for residing Article 30. Rebuilding and reconstruction of a residential premises, converting a residential house Article 31. Privatization of housing premises Article 32. Sales of residential houses, residential premises out of state and municipal commercial housing stock Article 33. Exclusion of residential houses, residential premises out of housing stock Article 34. Regulation of the housing stock’s conditions by the Government of the Russian Federation Section II. Conditions and procedure for the realization of citizens’ rights to improvement of their housing conditions Article 35. Forms of improvements of housing conditions Article 36. Object for a social rental agreement and for a rental agreement on residential premises. Pattern of the agreement Article 37. Recognition of citizens as needy ones in terms of improvement of housing conditions Article 38. Accounting needy citizens in terms of improvement of housing conditions Article 39. Admittance of citizens needy in terms of improvement of housing conditions into accounting (inclusion into waiting lists) Article 40. Preservation of a citizen’s right to be kept in the waiting lists for improvement of housing conditions (to be part of the accounting system) Article 41. Granting residential premises to citizens Article 42. Categories of citizens entitled to the priority in granting of residential premises Article 43. Categories of citizens entitled to urgent granting of residential premises Article 44. Occupation of released residential premises within state and municipal social housing stocks (stocks of social usage) 3 Section III. Providing citizens by residential premises and using residential premises within the state and municipal social housing stocks under social rental agreement Chapter 1. Providing residential premises under social rental agreement Article 45. Citizens’ right to receiving residential premises under social rental agreement Article 46. Citizens’ right to receiving extra space under social rental agreement Article 47. Categories of citizens entitled to granting of residential premises under social rental agreement Article 48. Rules for granting residential premises under social rental agreement Article 49. Social norm of housing space Article 50. Setting up the social norm of housing space Article 51. Size of residential premises being provided under social rental agreement Chapter 2. Usage of residential premises under social rental agreement Article 52. Social rental agreement for residential premises Article 53. Family members residing together with the tenant, their right and obligations Article 54. Tenant’s right to let other citizens to move into the occupied residential premises under social rental agreement Article 55. Temporarily absence of the tenant and his family’s members. Forfeiture of the right of using residential premises Article 56. Forfeiture of the right of using residential premises by persons who had been deprived of the parents’ rights Article 57. Temporarily occupants Article 58. Grounds and procedure of recognition of a social rental agreement as to be invalid Section IV. Providing residential premises within the state and municipal social housing stocks under rental agreement. Rental housing agreement Article 59. Providing residential premises within the state and municipal social housing stocks under rental housing agreement Article 60. Rental housing agreement within the state and municipal social housing stocks Article 61.Terms of validity of a rental housing agreement within the state and municipal social housing stocks Article 62. Tenant of a residential premises within the state and municipal social housing stocks and citizens permanently living together with him. Moving in of citizens in the capacity of ones permanently residing together with the tenant 4 Article 63. Temporarily occupants Section V. Amendments to and termination of a social rental agreement and of a rental agreement within the state and municipal social housing stocks. Tenants’ rights for dictating the occupied residential premises Chapter 1. Amendments to a social rental agreement and to a rental agreement within the state and municipal social housing stocks Article 64. The order of making amendments to a social rental agreement and to a rental agreement within the state and municipal social housing stocks Article 65. Making amendments to a social rental agreement and to a rental agreement within the state and municipal social housing stocks at the request of tenants being united into one family Article 66. Replacement of a tenant in a social rental agreement and in a rental agreement within the state and municipal social housing stocks Chapter 2. Subleasing the residential premises within the state and municipal social housing stocks Article 67. The order of subleasing the residential premises within the state and municipal social housing stocks Article 68. Conditions under which subleasing the residential premises within the state and municipal social housing stocks is not allowed Article 69. Rental charges for using residential premises under subleasing housing agreement within the state and municipal social housing stocks Article 70. Cessation of subleasing agreement within the state and municipal social housing stocks Chapter 3. Exchange of residential premises Article 71. Exchange order for residential premises Article 72. Enforcement exchange of residential premises Article 73. Exchange of residential premises’ space by a member of the family Article 74. Rules for exchange of residential premises Article 75. Conditions under which exchange of residential premises is not allowed Article 76. Recognition of the exchange of residential premises as invalid Article 77. Exchange agreement for a residential house, residential premises Chapter 4. Termination of a social housing rental and a housing rental agreement within the state and municipal social housing stocks Article 78. Termination of a social housing rental agreement on residential premises Article 79. Termination of a housing rental agreement within the state and municipal social housing stocks 5 Article 80. The order of termination of a social housing rental and a housing rental agreement within the state and municipal social housing stocks. Eviction of persons who had voluntarily occupied residential premises Article 81. Grounds for termination of a social housing rental and a housing rental agreement within the state and municipal social housing stocks at the request of a householder Article 82. Grounds for termination of a social housing rental and a housing rental agreement within the state and municipal social housing stocks at the request of a householder or a tenant Article 83. Eviction in view of the termination of a social housing rental and a housing rental agreement within the state and municipal social housing stocks Article 84. Forfeiture of rights to using residential premises Section VI. Usage of residential houses, residential premises that belong to citizens and legal entities on the basis of ownership rights Chapter 1. Rights and obligations of the owner of a residential house, residential premise Article 85. Regulation of relations connected with usage of residential houses, residential premises owned by citizens and legal entities Article 86. Usage of a residential house, residential premises by the owner Article 87. Expenditures of the owner of residential premises Article 88. Reckoning with the owner of a residential premises in multi-flat building intended for demolition, reconstruction, heavy repair Article 89. Reckoning with the owner of a residential premises due to demolition of a residential house and other grounds for cessation of the property rights Chapter 2. Rights and obligations of an owner of a residential house, residential premises and of the members of his family in terms of using residential house, residential premises Article 90. Rights of family’s members of an owner of a residential house, residential premises Article 91. Usage of residential premises owned by legal entities Chapter 3. Rent out of residential premises which belong to citizens and legal entities on the basis of ownership rights Article 92. Rights of a tenant sitting on residential premises that belong to citizens and legal entities on the basis of ownership rights Article 93. Obligations of a tenant sitting on residential premises that belong to citizens and legal entities on the basis of ownership rights Article 94. Security of the rights of a tenant sitting on residential premises that belong to citizens and legal entities on the basis of ownership rights 6 Chapter 4. Condominiums. Home owners’ associations Article 95. Condominiums Article 96. Usage of residential premises in a condominium Article 97. Home owners’ associations Article 98. Rights and obligations of leaseholds and households of residential premises in the houses where the Home owners’ association has been established Chapter 5. Housing, housing construction cooperatives Article 99. Right for getting housing premises in a housing and housing construction cooperative Article 100. Membership in a housing and housing construction cooperative Article 101. Rights and obligations of members of housing and housing construction cooperatives Article 102. Termination of membership in a cooperative Article 103. Expelling out of the members of a housing and housing construction cooperative Article 104. Arising property rights for residential premises in a house of a housing and housing construction cooperative Article 105. Transfer to a housing, housing construction cooperative of equal residential house in replacement of one to be demolished. Transfer of residential premises for the period of heavy repair Section VII. Rent of residential houses, residential premises by legal entities. Usage of rented residential houses, residential premises Article 106. Rent of a residential house, residential premises Article 107. Object of a rental agreement of residential house, residential premises Article 108. Usage of a rented residential houses, residential premises Article 109. Obligations of a householder and of a tenant of residential house, residential premises. Obligations of a leaseholder of a rented esidential premises Article 110. Prior termination of a rental agreement of residential house, residential premises Article 111. Consequences of termination of a rental agreement of residential house, residential premises Section VIII. Specialized residential houses and residential premises Article 112. Specialized residential houses and residential premises Article 113. Types of specialized residential houses and residential premises 7 Article 114. Providing residential premises in specialized residential houses, restrictions in the course of using residential premises in specialized residential houses Article 115. Providing and usage of dormitories Article 116. Providing and usage of residential premises in the houses of maneuverable stock Article 117. Providing and usage of official residential premises Article 118. Providing and usage of residential premises out of stocks intended for temporarily settling Article 119. Eviction out of specialized residential houses and residential premises Section IX. Rental cost and utilities coverage Article 120. Rental charges Article 121. Structure of payments of tenants and residential premises’ owners in multi-flat residential house Article 122. Utilities coverage Article 123. Period of payments for residential premises and utilities Article 124. Privileges on rental cost and utilities coverage Article 125. Granting subsidies on payments for residential premises and utilities Section X. Housing stock development. Maintenance and repair of housing stock Article 126. Housing stock development Article 127. Developer Article 128. Organization of maintenance and repair of housing stock Article 129. Financial guarantees for remedies’ compensation which had been cased to housing stock Article 130. Agreements on maintenance of housing stock Section X I. Conclusion Article 131. Providing residential premises to citizens delegated abroad Article 132. International treaties 8