Housing disputes include a wide range of conflict situations. This is the right to receive housing from the state, and the right to rebuild your house or your apartment. Often the stumbling block is the right to privatize. How all this is considered in court, we will tell further in the article.
Housing Law
The basic act in this area is the Housing Code. Along with the law “On the privatization of the state housing fund”, laws, regulations and rules aimed at detailing its points also apply.
The said law regulates public relations concerning:
- re-equipment or reconstruction of a house or apartment;
- transfer of premises from non-residential to residential or vice versa;
- the right to receive housing from the state on a preferential basis (social rent);
- realization of the right of ownership and use of premises;
- relations of owners of an apartment building;
- multi-apartment house management;
- renting housing for social use (for a moderate fee);
- organization and activities of housing cooperatives;
- capital formation for capital construction;
- licensing of HOA activities;
- provision of state housing supervision;
- organizations providing the public with public services;
- privatization of housing stock.
Dispute
Housing disputes arise due to violations of the imaginary or actual rights of citizens and organizations by other participants in these relationships. The state and municipal authorities take a serious part in disputes. For example, are installed:
- the procedure for admitting citizens to housing records;
- amount of utility bills;
- organization of housing supervision by regional authorities.
The number of disputes is growing in connection with the recognition of houses as emergency, as well as the receipt by residents of compensation or equivalent living quarters. Active participants in such disputes are regional authorities.
What laws determine the dispute resolution procedure?
The parties may agree on the differences, but if this does not happen, they have the right to go to court. Housing disputes are mostly resolved now in the courts.
A recent letter from the Armed Forces of the Russian Federation "On the differentiation of the regulation of dispute resolution in connection with the adoption of CAS" showed that almost all cases should be considered in accordance with the rules of the Civil Procedure Code, despite the participation of the municipality or state in them, since the result is civil rights.
For example, the legality of a decision to increase the amount of utility bills is checked in accordance with the CAS standards.
If the decision of the authority on the receipt of housing from the state or the re-equipment of the premises is disputed, the Code of Civil Procedure shall come into effect. The difference is that the decision of the authority is interim.
Which courts should I go to?
Disputes arising from housing legislation are adjudicated by both world courts and district courts. The courts of regional levels in the first instance hear cases to challenge regulatory acts. Magistrates' courts are involved in collecting fees for utilities, disputes on the procedure for using housing. The amount of the dispute shall not exceed 50 thousand rubles. If it exceeds this limit, the case is referred to the district court or the claim is returned to the plaintiff if the case has not yet been opened.
The main burden of disputes lies with the district courts, which deal with all other cases.
Disputes with authorities
The court is a dispute resolution body. It does not replace other state or municipal bodies. It does not matter what it is about: privatization, re-equipment or other issues that officials should deal with.
Citizens turn to the competent authorities, are denied their requests or prove their disregard.
Judicial practice in housing disputes is based on the extent to which a complete list of documents is provided by citizens when applying to state bodies and how correctly the procedure is followed. According to this principle, the consideration of disputes on registration of citizens in need of housing is also based.
A housing dispute attorney is especially needed. He will tell you what documents are needed and what is the order of their submission.
Not all citizens know about the right to receive from the official a list of documents he has accepted. Having such a ticket in hand, the plaintiffs prove the fact of transfer.
Appointment of expertise
In disputes about the division or allocation of a share from a residential building, there is always an examination. This is a study of a trained specialist, providing answers to questions posed by the court. To make a decision, the judge must find out whether the requests of the plaintiff or both parties are technically feasible.
The construction and technical examination either offers several options, and the judge makes a choice between them, or the conclusion is made that it is impossible to divide the house technically. Then the court determines the order of use.
Examination is appointed in cases on legalization of re-equipment. The expert checks the compliance of the building with technical and sanitary standards. The findings of the examination that do not comply with the law are allowed to be challenged. At the same time, a housing dispute attorney with some experience will find it easier to provide arguments that the court hears.
What evidence is accepted
The consideration of housing disputes is based on the evidence provided to the judge, most often in documents, which include expert opinions and correspondence with state bodies.
Strict observance of the law often limits the adoption of certain documents by the court. However, some information may be provided only by the competent authorities. So, the fact of domestic violence or violation of the rules of silence at night is confirmed by police papers. If the law provides for administrative violation for a violation, its fact is proved by a protocol or decision of an authorized body or court that issued a decision.
A police certificate confirming the event or the fact of a violation that was not executed in accordance with the law cannot be accepted.
Limitation of actions
The law also limits the length of time during which it is allowed to go to court. Going beyond it at the same time does not oblige the judge to refuse the lawsuit. Unless the defendant declares this, indicating the passage of the limitation period.
In almost all cases, the statute of limitations is 3 years. A ten-year period is given to challenge transactions made under the influence of violence and deception.
However, the statute of limitations does not apply to all categories of housing disputes. Eviction, determination of the procedure for use, recognition of property rights are virtually unlimited in time.
Conclusion
I must say that the types of housing disputes differ among themselves in a variety of ways, the only thing that unites them at times is a dwelling. It is either the subject of a dispute, or related to it.