Application for the provision of residential premises under a sublease agreement in the city of Moscow

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Many people need to improve their living conditions for various reasons. Some people simply do not have enough living space, others’ apartments do not meet any sanitary and epidemiological standards, others do not have their own housing at all, and so on. To learn how to correctly draw up an application for improvement of living conditions and where to submit it, read this article.

Who has the right to improved housing conditions?

Articles 49-51 of the Housing Code of the Russian Federation define a short list of persons who can apply for improved housing conditions for one reason or another. These include:

Low-income people who, for some reason, are forced to live in the same housing with people suffering from dangerous diseases.
Low-income people who live in an apartment, which, in turn, is located in a building recognized as unsafe.
Low-income people who live in a social apartment and the area per resident is below the established norm.
Low-income people who do not have their own housing and do not live in a social apartment.

As you can see, in all cases, low-income status is required. As a result, even before submitting an application to improve living conditions, such status must be obtained.

When is an application required?

The application of the person who provided the citizen with residential premises is a document that is a legal and legally valid confirmation of temporary residence in the specified living space of the registered person.

The basis for registration of temporary registration is the presence of a foreigner, stateless person and other citizens away from the place of main registration for three months. The report must be submitted to the migration service, which is regulated by the law of the Russian Federation of June 27, 2018 N 163-FZ.

We advise you to read:

✅ How long can you live without registration?
✅ Temporary registration: what threatens the owner of the apartment
✅ How to register in an apartment through State Services: step-by-step instructions
✅ How to apply for registration without the right to housing?

An application from a citizen who provides living space for living is submitted on the condition that the person being registered will live in the apartment for free. If a citizen decides to rent housing, he must draw up a rental agreement.

How to get the necessary social status to improve your living conditions

Low-income status alone is usually not enough. You must also register as a person whose living conditions need improvement.

Poor

In order to officially become low-income, you need to apply to your local social security office. There you will have to write an application according to the proposed sample. The following documents must be attached to it:

Passports of the applicant and all members of his family. If you don't have a passport, you can use your birth certificate. Both originals and copies will be required.
TIN certificate.
Documents showing the financial status of the family. Most often these are 2-NDFL certificates, but other similar official documents can also be used. It is necessary to prepare certificates with information about income for the last 2 years.
Certificate of marriage or divorce.
Certificates of ownership of any real estate, if any. Alternatively, if you don’t have your own home, you can provide a social rental agreement. If there is neither one nor the other document, then you don’t have to provide anything.

Please note that most situations are considered on an individual basis. As a result, various additional documents are usually required. It is recommended to clarify this issue separately, directly when contacting social security.

Those in need of improved living conditions

To obtain this status, you need to contact your local administration. A commission will meet there and make the final decision. The following persons can apply for this status:

The person has lived in the locality in question for 10 years or more.
If the family previously lived in more comfortable conditions, it must be proven that the deterioration was not intentional. Usually, a marriage and/or birth certificate of children is sufficient, since the very fact of the presence of new tenants in the apartment may cause the area of each tenant to be less than the norm.

As in the previous case, the application is not submitted on its own. It must be supported by certain documents:

Certificate confirming that the applicant’s family is low-income.
Information about all persons who are registered in the applicant’s apartment. It is important to indicate for each of them who exactly he is related to (spouse, child, parents, brother, sister, and so on).
Address of the property in which the applicant lives and its characteristics (area, number of floors, number of rooms and other features).
If the applicant and his family live in a social apartment, an appropriate rental agreement for such real estate will be required.
Certificates from the hospital about the health status of the applicant and his family members (relevant only if the reason for the need for improvement is a serious illness of one of the persons registered in the apartment).
A certificate of income similar to the documents provided when obtaining low-income status.
Calculation of the area that falls on each of the family members living in the same apartment.

Who can be registered?

The owner of the residential space has the right to register absolutely any citizen on it. This requires the consent and presence of the property owner. If there are several of them, then the consent of all and the registered citizen. Whether the parties to the agreement are relatives or not does not matter.

You can register:

Any age group of people;
A category of persons consisting of family ties, both first and subsequent lines;
The category of persons who do not have family ties;
Foreign citizens;
Citizens of all social classes.

Temporary registration may be refused for the following reasons:

The provided property is in disrepair or does not meet sanitary standards and is unsuitable for habitation;
It is impossible to register one more person in the apartment due to its size;
Documents for registration were not provided in full, with errors, or false documents were found;
The person is subject to deportation (for various reasons, including violation of the registration regime).

If temporary registration in social housing is required, the lack of family ties between the parties to the agreement may be the reason for refusal to carry out this procedure.

Federal Law of the Russian Federation dated June 25, 1993 N 5242-1 describes the basic provisions and rules for traveling around the country, as well as registration at the place of stay.

In particular, you should pay attention to fines that may be imposed due to the fact that a person did not manage to register within the allotted period, or violated the terms of stay after the end of temporary registration. Taking into account the provisions of the Code of Administrative Offenses of the Russian Federation, Article 19.15.1, a violation entails a fine for individuals from 3 thousand rubles to 5 thousand rubles.

Requirements for the applicant to obtain the opportunity to improve living conditions

In addition to all of the above, the applicant is subject to additional requirements:

He must be a citizen of the Russian Federation.
The applicant is an adult. Similar programs apply for children, but legal guardian representatives must apply instead.
Previously, the applicant had not been observed to act leading to a deliberate deterioration of living conditions.

Example: Some people, in order to show how bad their life is, register many relatives in their apartment. It turns out that the standard area for each of the residents will be less than the established one. Typically, such fraud is quickly identified and the applicant is banned from participating in such government programs for a period of 5 years.

Who is eligible for the provision of office accommodation (eligibility to be included in the list)?

The right to the provision of official residential premises (inclusion in the List) is granted to military personnel - citizens of the Russian Federation who are serving under a contract and are not provided with residential premises at their place of service.

On many websites (and even on the official website of the RF Ministry of Defense) you can find a description of the procedure for recognizing a serviceman as needing service housing.

Laws on the topic

Order of the Minister of Defense of the Russian Federation dated September 30, 2010 N 1280 “On the provision of residential premises to military personnel of the Armed Forces of the Russian Federation under a social tenancy agreement and official residential premises” Read

In fact, the main difference between official housing and permanent housing is precisely the absence of a procedure for recognizing a serviceman as needing official housing . Instead, there is a procedure for inclusion in the list for the provision of official residential premises. This is very important, since when deciding whether to include a serviceman on the list for the provision of official residential premises , concepts such as:

⭐ Level of security for military personnel and members of their families;
⭐ Intentional deterioration of living conditions;
⭐ Conducting transactions and other actions that led to a reduction in occupied residential premises
⭐ And other concepts that apply when a serviceman is recognized as in need of permanent housing. (with some exceptions, which are discussed below).

Contents of the statement

The content of such an application is one of the most important points, however, one must take into account the fact that the information may vary depending on who the applicant is, what kind of help he is asking for, what he can provide, and so on. The structure proposed below is universal, but may not be relevant for certain regions:

Document header

This part of the application contains the following information:

The name of the organization to which the application is being submitted. Usually these are social security authorities, housing inspection or local administration. It is recommended to clarify this point with the administration.
Address of the organization to which the application is being submitted. You should also clarify this before completing the document.
Last name, first name and patronymic of the applicant. If for some reason there is no middle name, it may not be indicated.
Registration and residence address (if different) of the applicant.
Data of all family members and other persons registered in the same apartment with the applicant.

The header is located in the upper right corner of the first sheet of the document. It should not occupy more than half the width of the sheet and must be attached to its right edge.

Main part

This indicates the main reason why the applicant is applying for improved living conditions. It is recommended to provide only data that can be documented.

Example: If the main reason is a serious illness of one of the family members, due to which the health and life of the remaining residents is at risk, then it is recommended to prepare all health certificates for the sick family member (copies and originals).

Also in the main part you can describe the other reasons why the applicant is applying for improved living conditions. In particular, the fact that he is low-income, has lived in this locality for more than 10 years, and so on.

Request

A direct request for help in improving living conditions. Also in this section you need to indicate ways to notify the applicant about the results of consideration of the application. For example - by phone number, by mail, by email, and so on.

Applications, date and signature

Here is a list of documents attached to the application, a signature and the date when the document was generated. After reviewing the application, marks from government agencies will immediately appear.

Sample application:

Sample applications may have a different structure and form depending on who exactly is submitting them and for what reason. Let's look at the most common options.

For disabled people

Large family

For WWII veterans

To employees of the Ministry of Internal Affairs

Options for improving living conditions

Improving living conditions can be done in several ways:

One-time subsidy for the purchase of housing in an apartment building. It should be taken into account that in most regions the amount received under such a subsidy will not be sufficient to fully pay for the property. Moreover, a number of banks prohibit using this money as a down payment, and many individuals outright refuse to sell real estate if the certificate in question is used for payment. The most optimal and simplest way would be to apply for a loan to purchase a home with a down payment from your own funds, after which the specified certificate can be used without any problems to repay part of the debt.
Payment for the construction of a private house. The general situation here is largely similar to that described above. It is recommended to take out a targeted loan from a bank to build a house and, after receiving a certificate, repay part of the debt with its help.

Where to apply for improved housing conditions

As mentioned above, you need to submit an application for recognition as a low-income person to the social protection authorities. After this, to directly participate in the program to improve housing conditions, you need to contact the local administration. However, there are simpler options:

Through MFC (My Documents). This organization is, in fact, an intermediary between the population and government agencies. In order to become a participant in the program to improve housing conditions, you can contact us here. The main advantage is that all actions, from obtaining low-income status to participating in the program, are performed in one place. Among the shortcomings, it should be noted only a slight increase in the processing time, by about 3-7 days. This time is required for MFC employees to process information and transfer all papers to the necessary authorities.
Through the portal "State Services". In many ways, the situation with this type of application is similar to applying to the MFC (My Documents), but, firstly, you will have to search for the necessary online forms yourself, and secondly, despite the fact that the application information will be sent through Internet, ultimately the client will still be required to personally visit government agencies and provide all the same documents “live.”

Application processing time

After submitting the application, it is considered for about 1 month (30 days). As soon as the result of consideration of the application is known, the applicant will be notified of this in the method chosen by the applicant within up to 3 working days. And it will take about 10 more days to issue the certificate and issue it to the person.

Now, with the finished certificate in hand, the applicant can contact the bank or use it in any other way provided by law. It should be remembered that the certificate has an expiration date (about 6 months). If you do not meet this deadline, you will have to start the whole procedure again.

Preferential queue for improving housing conditions: who is entitled to it

Preparing and submitting an application without violating anything or making mistakes is difficult in itself, but this is not the only problem. The decision itself that a person can actually participate in a government program is only half the problem. The main thing is that after receiving the decision and before the certificate is issued, usually not 10 days pass.

You have to wait until the state allocates money, and such allocation is carried out on a first-come, first-served basis. Many have been waiting their turn for decades. Among applicants there is also a separate preferential queue, the participants of which receive funds from the state faster. These include:

Families with 3 or more children.
Disabled people.
Graduates of orphanages.
Persons who lost their property due to a natural disaster.
Persons who live in houses recognized as unsafe.

In order to become a member of the preferential queue, you need to provide additional documents confirming the reasons for being placed in this particular queue and not the main queue. For example, a disability certificate, children's birth certificates, and so on.

It is possible to receive assistance from the state using such an application, but it is very difficult and extremely time-consuming, provided that the applicant does not belong to a preferential category. With the help of an experienced lawyer, this procedure can be significantly simplified and speeded up. At a free consultation, specialists will talk about the main and most important points that should be taken into account. They may also act as client representatives (trustee).

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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Compilation rules

The application of the person who provides the citizen with living space is drawn up in writing. It is possible to fill out a form developed and provided by the FMS, or fill out an application for registration using the Internet, for example, through the State Services website.

There is no strict form, but it should contain a number of basic points . These include:

Name of the authority where the application is sent (local branch of the FMS, MFC, etc.);
Full details of the applicant represented by the owner of the living space, including his passport. If there are several of them, then the data of all owners;
Full details of the person who is subject to temporary registration. They also indicate what area they came from and the address of the last place of registration;
For a person who has not reached the age of majority, indicate the details of his parents or responsible persons;
For foreign citizens, it is necessary to indicate the validity period of the visa;
Confirmation of the owner’s consent to the temporary registration of the specified citizen and the exact address where the person is registered.

The additional list of required documents depends on the specific situation and the person being registered. A detailed description of the terms and conditions can be found in Decree of the Government of the Russian Federation dated July 17, 1995 N 713 (as amended on May 25, 2017).

The application is confirmed by the signature of the property owner. After the FMS authorities review and approve it, the application is confirmed by a note on the issuance of a certificate of temporary registration to the specified person. The procedure is free.