Social Hiring - Definition, Granting Rules and Features

Many people who do not own their own housing can expect to receive an apartment from the state or municipal authorities. For this, social hiring is used. It assumes that special residential premises are allocated from citizens. A social lease agreement is concluded with citizens, which contains information about who can use this room, what rules must be observed for this, who is the responsible tenant, and also what funds must be paid in the form of a fee for hiring

The concept of social recruitment

It lies in the fact that the state offers housing to citizens. All conditions for the users of the premises are prescribed in the relevant agreement.

The state remains the owner of the housing, and the main parameters of such an agreement include the following:

• the process is that citizens take property on lease from the municipality;
• objects are provided indefinitely;
• it is mandatory to set a payment for housing, and for this, tariffs strictly established in the region are used, which are fixed in the contract;
• apartments that are given out must meet certain strict requirements.

Obtaining housing by citizens assumes that an agreement is necessarily drawn up and signed with the authorities of the region. A social housing contract is concluded with only one citizen, but all members of his family can use and live in the facility. Even if the main tenant dies, other citizens specified in the contract do not lose the right to live in the object.

Legislative regulation

Social recruitment is a specific process regulated by various legislative acts.

Housing issues that relate to the transfer of housing under different conditions are listed in Ch. 8 LCD. It indicates how the housing is provided, what its size should be, and also what conditions are imposed on future tenants.

The Civil Code additionally prescribes how to properly conclude contracts with the state, what information should be contained in the document, and also what parameters must be observed.

Features of the agreement

When concluding a contract on social employment, citizens should be well aware of the nuances of this document. Let's consider them further. These features include the following:

• and consensual, therefore, obligations and rights under a social contract of employment arise only after they are discussed by the parties to the transaction;
• compensation, which implies the need for the employer to pay a certain fee, although under certain conditions it may be absent, and all the reasons for this are listed in Art. 156 LCD, but usually such conditions are offered to low-income citizens;
• the subject of the contract is a dwelling, which can be a room, an apartment or a residential building, and the non-isolated part of the dwelling cannot act as it;
• housing is issued from the housing stock of a particular region;
• the landlord is the owner of the premises, represented by local authorities, the state or the subject of the Russian Federation;
• employers can only be individuals who are Russian citizens, therefore, it is not possible to conclude an agreement with foreigners or stateless persons;
• the rights and obligations under the contract arise not only for the main tenant, but also for the rest of the family members living in the issued real estate;
• citizens have the opportunity to use common property in an apartment building where there is an apartment provided by the state;
• to determine the payment for housing and housing and communal services, uniform tariffs are applied;
• the contract is drawn up on an indefinite basis, therefore there is no information in it about the date of expiration of its validity.

A contract is concluded only in writing, for which a relevant decision of the municipality is made in advance. It is not required to make state registration of the contract if social hiring is used. The concept of this contract is that on the basis of it housing is issued to the tenant. At the same time, all the rights and obligations of citizens are prescribed in the document.

Housing Requirements

Only social tenancy premises with certain parameters can be issued. Therefore, not all residential properties can become the subjects of this agreement. It is preliminary taken into account whether the housing meets numerous requirements:

• housing must be isolated;
• it should not belong to other citizens on the basis of common property;
• housing must be located in the same area where the tenant used to live;
• each family member should be provided with housing that is optimal in size, for which a social or sanitary standard is established, since the state of the existing housing stock in the region is initially taken into account.

All requirements are listed in Art. 62 LCD.

What is the subject of the contract?

The subject of this agreement is a residential property. Housing under a social tenancy agreement is provided on a permanent basis.

The document does not contain information about the duration of the agreement. Additionally, housing that is the common property of an apartment building or that acts as a non-insulated room cannot be provided.

Grounds on which housing is issued

Housing is issued only to people who are recognized as needing housing. The most common recipients of residential properties are citizens:

• the poor, whose income per family member does not exceed the subsistence minimum, and the indicator established in the region of residence of citizens is used;
• those in need of housing, on the basis of which the requirements of the LCD are taken into account;
• living in a locality where housing can be allocated by the municipality.

People need housing under the following conditions:

• they are not tenants under a social lease agreement;
• in the available living space for each citizen there is a quadrature that does not correspond to the norm;
• the premises used by the family do not meet numerous requirements, for example, it is emergency or there are no communications in it;
• Citizens live together with a person who has a chronic or contagious disease.

Citizens themselves must apply to the municipal authorities to obtain new housing. They prepare the necessary documents that confirm that they really need housing.

Accommodations

If social tenancy is used by citizens to live in real estate owned by a municipality or the state, then they must take into account certain duties and rights that they are vested with. The conditions must be followed by all family members of the main tenant.

Accommodation in the provided housing is allowed under the conditions:

• payment for the use of housing must be made in a timely manner;
• you need to regularly pay utility bills;
• all tenants must comply with the rules of living in real estate, so there should be no problems with neighbors;
• the provided apartment or house should be used exclusively for its intended purpose;
• the premises must be maintained in optimal condition to be livable;
• if a major overhaul is being implemented, then the tenants do not have to contribute their own funds for this, since the municipality is still the owner.

Citizens who have received housing from the state can not only live in real estate, but also perform other actions with it. For example, the right of social tenancy gives them the opportunity to rent out this object. Citizens can carry out current repairs on their own using various finishing materials.

Living conditions can be supplemented by various other factors that should be prescribed in the contract. If they are violated by the employer, then the agreement may be terminated with him.

How to get housing?

The social rental apartment is provided sequentially. You should find out about them yourself in the administration of the region, since the requirements for employers may differ slightly in different regions of the Russian Federation. For this, the following steps are implemented:

• Initially, citizens must apply to the city administration, and a department dealing with such issues is selected for this;
• the necessary documentation is transferred, which confirms that citizens really need housing from the state;
• you have to wait until the papers are studied and checked by specialists, the process cannot take more than one month;
• the answer comes in writing;
• if a positive decision is made, then the family gets in line;
• if a person has a priority right, then he becomes in another special queue;
• when it is the turn of the family, a social tenancy agreement is concluded, in which all the living conditions in the new housing are prescribed.

Refusal may be due to various reasons, which include the lack of necessary documents or the transmission of false information.

What documents are required?

The most difficult is the preparation of the necessary documentation. It includes:

• passports and birth certificates of all members of the same family;
• a certificate that indicates the income of each person from the family, which allows citizens to be classified as poor;
• a document containing information about the value of property owned by citizens;
• a certificate indicating where people have been registered for the last 10 years;
• medical certificate for a person who has a chronic disease and lives with other members of the same family;
• other documents that confirm certain important facts for the municipal authorities.

Not all citizens can count on the conclusion of a contract. The contract of social employment is signed exclusively with low-income people or citizens who need housing. The decision is made by a special department of the local administration.

Property fee

Citizens who have received housing from the state must monthly pay a certain amount for rent. It is contained in receipts for payment of utility bills.

The payment includes several parts:

• payment for the use of the facility for its intended purpose;
• payment for utility services.

The amount of payment for housing is necessarily fixed in the contract, and the calculation takes into account the tariff for 1 sq. m. The fee is calculated in each region separately, and different indicators can be used for this.

Citizens' rights

Public housing tenants can:

• move other persons into the premises;
• rent out premises;
• allow temporary residence of other citizens;
• exchange or replace housing;
• require the municipality to carry out a major overhaul.

All rights are specified directly in the contract.

Responsibility of employers for violation of the terms of the contract

If citizens living in apartments on the basis of social tenancy violate the basic requirements of the contract or legislation, then administrative liability is provided for them. If the requirements for the maintenance of residential premises or the rules for repairs are violated, which leads to the fact that the housing becomes uninhabitable, then a fine in the amount of 4,000 to 5,000 rubles is imposed on individuals.

If the terms of the contract are violated by the landlord, then he reimburses the losses to the tenants, and also often compensates for lost profits. Under these conditions, tenants may request a reduction in rent or reimbursement of expenses.

Thus, social hiring is represented by a special process, on the basis of which citizens receive housing from the state or region for use. There are many requirements for potential employers. The people themselves must take care of obtaining housing from the municipality. At the same time, a social lease agreement is necessarily concluded, the terms of which can vary significantly depending on various factors.