of the russian federation

advertisement
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
Download