of July 21, 2014 No. 217-FZ
About introduction of amendments to the Housing code of the Russian Federation and separate legal acts of the Russian Federation regarding legislative regulation of the relations on hiring of premises of housing stock of social use
Accepted by the State Duma of the Russian Federation on July 4, 2014
Approved by Council of the Russian Federation on July 9, 2014
Bring in the Housing code of the Russian Federation (The Russian Federation Code, 2005, No. 1, Art. 14; 2006, No. 1, Art. 10; No. 52, Art. 5498; 2007, No. 1, Art. 13, 14, 21; No. 43, Art. 5084; 2008, No. 17, Art. 1756; No. 20, Art. 2251; No. 30, Art. 3616; 2009, No. 23, Art. 2776; No. 39, Art. 4542; No. 48, Art. 5711; No. 51, Art. 6153; 2010, No. 19, Art. 2278; No. 31, Art. 4206; No. 49, Art. 6424; 2011, No. 23, Art. 3263; No. 30, Art. 4590; No. 49, Art. 7027, 7061; No. 50, Art. 7337, 7343, 7359; 2012, No. 10, Art. 1163; No. 14, Art. 1552; No. 24, Art. 3072; No. 26, Art. 3446; No. 27, Art. 3587; No. 31, Art. 4322; No. 53, Art. 7596; 2013, No. 14, Art. 1646; No. 27, Art. 3477; No. 52, Art. 6982; 2014, No. 23, Art. 2937) following changes:
Article 12 to add 1) with Item 6.1 of the following content:
"6. 1) determination of the bases and procedure for provision of premises according to employment contracts of premises of housing stock of social use;";
2) Article 13:
a) add with Item 3.1 of the following content:
"3. 1) establishment of procedure for determination of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;";
b) add with Item 3.2 of the following content:
"3. 2) determination of procedure for establishment of the maximum size of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;";
3) in Article 14:
a) part 1:
add with Item 2.1 of the following content:
"2. 1) determination of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;";
add with Item 2.2 of the following content:
"2. 2) establishment of the maximum size of the income of citizens and the members of their families who are constantly living together with them and the cost of their taxable property for the purpose of recognition of citizens needing provision of premises according to employment contracts of premises of housing stock of social use;";
add with Item 3.1 of the following content:
"3. 1) accounting of the citizens needing provision of premises according to employment contracts of premises of housing stock of social use;";
b) regarding 2 words "Moscow and St. Petersburg" shall be replaced with words "Moscow, St. Petersburg and Sevastopol", shall be replaced with words words of "Moscow and St. Petersburg" "Moscow, St. Petersburg and Sevastopol";
4) regarding 3rd Article 19:
a) add Item 1 with words ", and also the premises of the state, municipal and private housing stocks provided to citizens according to employment contracts of housing stock of social use.";
b) add item 4 with words ", except for the premises specified in Items 1 and 2 of this part";
5) in Article 20:
a) 1 after words "equipment of rooms of apartment houses and apartment houses metering devices of the used energy resources" to add part with words ", requirements to provision of premises in hired houses of social use";
b) add part 4.1 with Item 1.1 of the following content:
"1. 1) registrations in the municipal register of hired houses of social use of the first hired house of social use, lessor of premises in which is person whose activities are subject to check;";
c) in part 4.2 the first offer to add with words ", about the facts of violation by lessors of premises in hired houses of social use of mandatory requirements to lessors and employers of premises in such houses, to the conclusion and execution of employment contracts of premises of housing stock of social use and employment contracts of premises";
d) Item 2 of part 5 after the words "apartment houses" to add with the words "hired houses of social use", after words to add "investigations, examinations and other actions for control" with words ", to check observance by lessors of premises in hired houses of social use of mandatory requirements to lessors and employers of premises in such houses, to the conclusion and execution of employment contracts of premises of housing stock of social use and employment contracts of premises, observance by persons provided according to part 2 of Article 91.18 of this Code, requirements to submission of the documents confirming the data necessary for accounting in the municipal register of hired houses of social use";
e) add part 6 with Item 5 of the following content:
"5) about recognition of the employment contract of premises of housing stock of social use invalid in case of non-execution at the scheduled time of the instruction about elimination of discrepancy of this agreement to the mandatory requirements established by this Code.";
6) Article 22 to add with part 3.1 following of content:
"3.1. Transfer of premises in the hired house of social use to the non-residential premise is not allowed.";
7) in Article 51:
a) in part 1:
to add Item 1 after the words "under agreements of social hiring" with words ", to employment contracts of premises of housing stock of social use", after the words "under the agreement of social hiring" to add with words ", to the employment contract of premises of housing stock of social use";
to add Item 2 after the words "under agreements of social hiring" with words ", to employment contracts of premises of housing stock of social use", after the words "under the agreement of social hiring" to add with words ", to the employment contract of premises of housing stock of social use";
to add item 4 after the words "under agreements of social hiring" with words ", to employment contracts of premises of housing stock of social use", after words of "premises under the agreement of social hiring" to add with words ", to the employment contract of premises of housing stock of social use", after words of "the social hiring occupied under the agreement" to add with words ", to the employment contract of premises of housing stock of social use";
b) to add part 2 after the words "under agreements of social hiring" with words ", to employment contracts of premises of housing stock of social use";
8) in Article 56:
a) in Item shall be replaced with words 3 parts of 1 word of "Moscow and St. Petersburg" "Moscow, St. Petersburg and Sevastopol";
b) add with part 3 following of content:
"3. The citizens accepted on accounting as persons in need in premises by local government bodies of the municipality at the place of residence of such citizens and who changed the residence in connection with provision to such citizens according to employment contracts of premises of housing stock of social use of the premises located in borders of other municipality (in subjects of the Russian Federation - the federal cities of Moscow, St. Petersburg and Sevastopol - in the municipality of other subject of the Russian Federation), are not subject to removal from accounting as persons in need in premises in the previous place of their residence.";
To add 9) with Sections III.1 and III.2 of the following content:
"Section III.1. The premises provided according to employment contracts of premises of housing stock of social use
Chapter 8.1. Employment of premises of housing stock of social use
Article 91.1. Employment contract of premises of housing stock of social use
1. According to the employment contract of premises of housing stock of social use one party - shall transfer person specified regarding 1 Article 91.2 of this Code (lessor) to other party - the citizen specified regarding 1 Article 91.3 of this Code (employer), the premises provided in Article 91.5 of this Code in ownership and use for accommodation in it on the conditions established by this Code.
2. In the employment contract of premises of housing stock of social use effective period of this agreement, the amount of rent of premises, procedure for its change and condition of the conclusion of the employment contract of premises of housing stock of social use shall be specified new term after effective period of earlier signed agreement.
3. The employment contract of premises of housing stock of social use is signed in writing.
4. Restriction (encumbrance) of the property right to the premises arising based on the employment contract of premises of housing stock of social use is subject to state registration according to the procedure, established by the Federal Law on state registration of the rights to real estate and transactions with it.
5. The employment contract of premises of housing stock of social use is signed based on the decision of the lessor on provision of premises under this agreement.
6. The standard agreement of hiring of premises of housing stock of social use affirms the Government of the Russian Federation.
Article 91.2. The lessor according to employment contracts of premises of housing stock of social use
1. Can be the lessor according to employment contracts of premises of housing stock of social use:
1) public authority, local government body, authorized to act respectively on behalf of the Russian Federation, the subject of the Russian Federation, municipality as the owner of premises of the state or municipal housing stock, or the organization authorized by the specified body;
2) the organization, being the owner of premises of private housing stock or authorized by the owner of such premises and conforming to the requirements established by the Government of the Russian Federation.
2. According to employment contracts of premises of housing stock of social use in one hired house of social use only one person can be the lessor.
3. The organization authorized by the owner of premises to act as the lessor according to employment contracts of premises of housing stock of social use, cannot transfer to the other person under the contract, the power of attorney or other basis of power for the conclusion of these agreements.
4. Control of observance by the organization authorized by the owner of premises to act as the lessor according to employment contracts of premises of housing stock of social use, the mandatory requirements established by this Code to the conclusion and execution of these agreements is performed by this owner. The specified control is exercised according to the procedure, established by the owner of premises or the contract of this owner with the lessor of premises.
Article 91.3. The employer according to the employment contract of premises of housing stock of social use
1. Premises can be provided according to employment contracts of premises of housing stock of social use to the citizens recognized on the bases established by this Code needing premises, and to the citizens recognized on the bases by the established other Federal Law, the presidential decree of the Russian Federation, the law of the subject of the Russian Federation or the act of representative body of local self-government needing provision of premises according to employment contracts of premises of housing stock of social use if:
1) the income of the citizen and the members of his family who are constantly living together with it and cost of their taxable property which are determined by local government bodies according to the procedure, established by the law of the subject of the Russian Federation do not exceed the maximum size established according to part 2 of this Article;
2) the citizen is not acknowledged and has no reasons to be acknowledged needy in the procedure established by the law of appropriate subject of the Russian Federation.
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