Where and what kind of housing is provided for orphans
Before agreeing to the apartment or house offered by the administration, check whether the following requirements are met:
Landscaping.
According to the law (Clause 1.Article 8 of Federal Law No. 159), the subsidized housing provided must be comfortable, in relation to the conditions of the locality where it is located. The apartment/house must be provided with electricity, water supply, sewerage, heating, as well as a bath or shower, gas or electric stove, hot water supply or gas water heater. Everything listed must be in working order.
If the locality does not have a centralized heating/sewage/sewage system, then in the provided housing it can be provided by other means (gas water heater, street toilet, etc.). Otherwise, according to the law, the housing is considered unfit for habitation, and the orphan may refuse it.
Housing area
determined on the basis of the calculation norm established by the Government of the region. In the Ryazan region and in most regions it is 33 sq.m. Thus, the housing provided should not be less than this area.
Location
Housing must be located within the locality in which the orphan has permanent registration (registration). That is, if you are registered in the city, then they do not have the right to provide you with an apartment in the area.
If these requirements are not met, then you have the right to refuse such housing and demand the provision of another that will meet the above requirements. It is best to formalize the refusal in the form of a written statement, indicating exactly what violations of the law were committed.
If you are registered in one locality, and permanently live (study, work, rent housing, etc.) in another within a constituent entity of the Russian Federation, then you can achieve the provision of housing in your place of permanent residence. In this case, consult with a lawyer in advance, since the authorities, due to ignorance of the law, often fail to provide housing in such situations.
Do orphans lose the right to receive an apartment from the state upon adoption?
Natalya Karagodina
Good afternoon. The guardianship and trusteeship authorities, unfortunately, are once again demonstrating their incompetence, for example, in the fact that, in their opinion, the process of depriving a mother of her rights, if you wanted it, should have unfavorable consequences for the child. In your case, there is obviously every reason to deprive the mother of her rights, even if she objects, and also due to the fact that guardianship of minors is not terminated just because the child’s natural parent demands it, without taking into account how much it is in the best interests of the child. child. This means that if suddenly the mother who gave consent to the adoption appears and submits an application to return the child to her for upbringing, this does not mean, by law, the termination of guardianship. In many cases, the guardianship and trusteeship authorities suggest that the parent go to court.
However, if we return to the essence of the matter, you can adopt, since the mother gave consent to the adoption in the maternity hospital, and there is no need to deprive the parents of parental rights. The guardianship and trusteeship authorities only have to check whether the mother’s consent has not been revoked, and the Supreme Court has indicated that it is not necessary to summon the mother to court.
It is your right to deprive your mother of parental rights. As stated above, doing this for adoption in your case is not necessary, and it is incomprehensible in everyday life: if neither the prosecutor nor the guardianship are still “accusing” you of not depriving your mother of her rights and not collecting alimony, then why are they in court? will suddenly raise these questions about adoption?
With the second child it is even easier, since the parents are absent, then the consent of the parents for adoption, accordingly, is not required.
For adoption, you need to collect the same documents as for guardianship, obtain a new conclusion about the possibility of being an adoptive parent since the previous one (2 years) has already expired, and also draw up a medical report for children subject to adoption in form 160\u, submit application to the court, you were definitely told about all this in classes at the school for foster parents. If you still have questions, I offer an online consultation.
The complete list of documents for adoption is determined by Decree of the Government of the Russian Federation of March 29, 2000 No. 275.
You are entitled to regional payments in accordance with the relevant regional legislation, the guardianship and trusteeship authorities are obliged to explain them to you, federal payments are provided for by a number of laws, so from January 1, 2021, the provisions of the Federal Law of December 29, 2006 N 256-FZ “On Additional Measures” are renewed state support for families with children”, establishing the requirement for an annual review of the amount of maternal (family) capital taking into account the rate of inflation (Federal Laws dated 02.12.2019 N 380-FZ and dated 19.12.2016 N 444-FZ), you have the right to maternity capital, Federal Law dated May 19, 1995 N 81-FZ (as amended on December 2, 2019) “On state benefits for citizens with children” (Article 12.1, 12.2.), provides for one-time payments when accepting a child into a family, while you already had the right to receive this payment when establishing guardianship, according to this law, the benefit was initially established in the amount of 8,000 rubles, it is indexed and currently amounts to more than 20,000 rubles, in the case of adoption of children over 7 years old, the benefit is 100,000 rubles for each child.
The right to receive housing from the state depends on the degree to which children are provided with housing; in your case, they most likely do not have housing assigned to them. And in the case of adoption, you will have to provide housing for them as a parent, however, it should be understood that the right of orphans to housing in itself in most cases, unfortunately, means only the right, and not the unconditional purchase of housing, in addition, the removal of the child at 18 years of age into their own housing is not always an unconditional benefit for a child who has not yet been sufficiently socialized, which is illustrated by numerous cases of abuse against orphans who have received housing.
I recommend that you decide on your priorities and your goals; adoption is a priority form of family arrangement precisely because only adoption provides the most complete fusion with the host family and will certainly serve for the benefit of the child to a greater extent than housing, sometimes very modest, that is provided to children authorities and management. In addition, upon adoption, you will be entitled to maternity capital, and the child will also retain a survivor’s pension.
Sincerely, Natalya Karagodina, lawyer
Is it possible to request housing in another locality?
By law, an apartment or house will be provided within the municipality (city or district) where you are registered.
Thus, you can refuse to provide housing in one region, but then you will need to re-register in another region and apply for housing there. We do not recommend doing this, because problems may arise with registration and then you will lose the opportunity to get an apartment.
Keep in mind that if you are already 23 years old, you will not be able to register in another region.
If you do not have registration, housing can be provided at the place of permanent residence, initial identification and placement under guardianship (the locality where a decision was made to establish guardianship or to send to an orphanage).
The law does not link the place of housing provision with the place of permanent registration. The law clearly states “at the place of residence,” and by this “place of residence” one can understand the place where a person is constantly located - working, studying, raising children, etc. Thus, without having registration at all or having registration in a locality in which you do not live, you can apply for the purchase of housing where you are permanently located. Unfortunately, in practice, authorities often refuse orphans in such situations, so it is necessary to consult with a lawyer.
View the queue number for housing from the public housing stock
Kokshetau 2. Stepnogorsk 3. Akkolsky district (Akkol) 4. Arshalynsky district 5. Astrakhan district 6. Atbasarsky district (Atbasar city) 7. Bulandinsky district (Makinsk city) 8. Burabaysky district (Akkol city) Shchuchinsk) 9. Egindykolsky district 10. Enbekshildersky district (Stepnyak city) 11. Ereymentausky district (Ereymentau city) 12. Yesilsky district (Esil city) 13. Zhaksynsky district 14. Zharkainsky district (Derzhavinsk city) 15. Zerendinsky district 16. Korgalzhyn district 17. Sandyktau district 18. Tselinograd district 19. Shortandinsky district
- Click on the “Order a service online” button.
- Fill out and submit the application (no digital signature required). In the application, indicate the region, enter the IIN of the recipient of the service (queue).
- The queue number will appear instantly after clicking on the “Send request” button.
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Legal protection of the property of an orphan
Innovations in the field of allocating preferential apartments relate primarily to the protection of property. Unfortunately, in the past, preferential housing often ended up in the hands of scammers. Or the young man immediately sold it in order to satisfy some momentary needs. In order to avoid this, the legislator made some amendments.
An orphan is provided with an apartment by concluding a tenancy agreement with the municipality for a period of 5 years. Then the contract can be renewed for another 5 years, but only once. When the contract expires, a social tenancy agreement is concluded.
How to find out your turn for an apartment
At the age of 14, every orphan child who needs housing is included in the list of applicants for an apartment from the state. The petition is submitted by the trustee, guardian or administration of the institution where the child lives. An orphan himself can submit an application, but only after reaching the age of 18.
Upon enlistment, each serviceman becomes a participant in a unified state system, which is aimed at purchasing housing with a mortgage on preferential terms. The amount to cover the down payment on the loan is accumulated in a special military account during the first three years of service. If monthly payments for the selected apartment do not exceed the established level, they are compensated by a government agency - Rosreestr.
Who does the state provide with housing?
Children receive the right to an apartment:
- orphans - parents died before the child reached 18 years of age;
- left without parental care.
There is no child care if the parents:
- deprived of rights;
- assigned to a pre-trial detention center;
- disappeared or died;
- declared incompetent;
- refuse to pick up the child from a medical or educational institution;
- are in medical institutions.
Persons left without parents for any reason before reaching adulthood can count on assistance from the state.
But housing is not provided provided that the orphan already owns an apartment or rents it for social rent. Also, social protection has the right to refuse those who are registered in residential premises. But if the orphan proves that living at the place of registration is impossible for objective reasons, then housing will be allocated to him.
These reasons include:
- a person lives in the apartment with chronic diseases that worsen the quality of life of others;
- the orphan is registered in the apartment of parents deprived of parental rights;
- housing does not meet sanitary standards;
- the apartment was declared unsuitable for habitation.
How to find out the queue for housing for orphans Novosibirsk
dated 05/02/2021 N 59-FZ: 1. A citizen in his written appeal must indicate either the name of the state body or local government body to which he is sending a written appeal, or the last name, first name, patronymic of the relevant official, or the position of the relevant person, as well as your last name, first name, patronymic (the latter - if available), postal address to which the response should be sent, notification of forwarding of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date.
Today, the issue of providing housing for the category of orphans is regulated by the following legislative acts: the Family Code of the Russian Federation, in particular Article No. 54; Family Code of the Russian Federation, in particular Article No. 123; Federal Law No. 159, which provides additional benefits for orphans;
Personal Area
In 2021, it is planned to provide living quarters to 102 people from this category of persons. The List of applicants for 2021 will include persons from among orphans and children left without parental care, included in the List on June 24, 2021 (protocol No. 1).
An updated List of applicants from among orphans and children without parental care who are subject to provision of living quarters in 2021 (hereinafter referred to as the List of applicants for 2021) will be formed in January 2021, based on the results of providing living quarters to orphans and children those left without parental care, persons from among them this year.
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