Art. 31, Art. 69 LCD RF consolidate the duties and rights of close relatives of the owner or tenant of the living space. The first norm reveals the concept of family members of the subject. Consider further Art. 31 LCD RF with comments. 
General information
Art. 31 of the RF LC (current wording) establishes that members of the family of the landlord are considered by law to be his parents and children, as well as the spouse living with him. Disabled dependents and other relatives, and in exceptional circumstances, other citizens, may be considered close if they are introduced by the owner in an appropriate quality.
Rights and Responsibilities
As part two cT. 31 LCD RF, all members of the family of the rightful owner can use the housing on an equal basis with him, unless otherwise provided by agreement between them. They must operate the premises in accordance with the purpose and ensure its safety. Limited and fully capable family members, according to Section 3, Art. 31 LCD RF, are jointly and severally liable for obligations arising from the fact of using housing. Other may be established by agreement drawn up between them and the owner of the object.
Termination of relationship
Particulars of the exercise of rights in such a situation are discussed in part 4 tbsp. 31 LCD RF. As indicated in the norm, when the relationship is terminated, the family member of the landlord loses the opportunity to use it. However, this right may be reserved by agreement between them. Besides, Art. 31 h. 4 LCD fixes a number of circumstances in the presence of which a family member can continue to operate the housing after the termination of relations with the owner. These circumstances include:
- Lack of grounds for the acquisition or exercise of the right to use some other residential property.
- The difficult financial situation of a relative.
- Other significant circumstances in view of which a citizen cannot provide himself with housing.
The right to use the object is retained for a certain period in accordance with a court decision. In this case, the owner may be charged with the obligation to provide other premises to the former spouse and other family members to whom he pays alimony, at their request.
Important points
At the end of the period of use of housing established by the decision of the authorized court, made taking into account the circumstances specified in part four Art. 31 LCD RF, the corresponding right of the family member is terminated. Other may be established as part of an agreement between him and the owner of the object. Until the end of the specified period, the right to use the former relative ceases with the simultaneous termination of the rights of the owner or on the basis of a court order, if the circumstances in connection with which it was saved have disappeared. 
Additionally
A former relative of the owner who uses the living space on the basis of a court ruling issued taking into account the provisions of part 4, is liable, fulfills duties, and enjoys the rights stipulated in parts 2-4. The operation of the premises may be carried out in accordance with the agreement. In such a situation, the former relative is responsible, fulfills the established obligations and enjoys the rights on the basis of the provisions of this agreement.
Comments
Art. 31 LCD RF significantly reduces the composition of the family members of the legal owner of the living space. In previous legislation, they included the spouse of the owner, as well as their parents and children.Disabled dependents and other relatives, as well as other persons, could be recognized as family members if they kept a common household with the owner and lived with him. Examining Part One Art. 31 LCD RF with comments lawyers, it can be noted that specialists divide the citizens indicated in it into two conditional categories. First of all, the owner’s relatives are his husband / wife, as well as his parents and children. This is the first difference Art. 31 LCD RF 2016 from pre-existing legislation. The norm, in particular, does not apply to relatives of the children of the spouse (adopted, for example), as well as the parents of the wife / husband. The marriage registered in accordance with the rules established by law will have legal significance. In order for these persons to be recognized as family members within Art. 31 LCD, it is necessary that they live together with the owner of the premises. At the same time, it will not matter whether they conduct a joint economy, whether they support each other, etc.
Other citizens
Disabled dependents, other relatives, other persons (in exceptional situations), according to Art. 31 LCDmay be recognized by family members. It should be borne in mind that kinship is characterized mainly by mutual care and respect, common interests, personal and property obligations and rights, responsibility, joint management. Moreover, the degree of relationship does not matter. Dependents of the owner can be attributed to family members, and they are exclusively disabled, but not those who contain it. Pensioners, minors and persons with disabilities are considered to be disabled. When establishing the circle of subjects belonging to this category, when applying Art. 31 LC RF in judicial practice the provisions of the Federal Law No. 173 are used (article 9, paragraphs two and three). They provide signs of a citizen being dependent, a list of disabled people. 
Exceptional Cases
All other citizens, by Art. 31 LCD RF, can be recognized by family members in the presence of certain legal facts. There are only two of them:
- Shared accommodation with the rightful owner of the living space.
- The introduction by the owner of these persons as relatives.
The presence or absence of the subject at the request of the owner of the premises at the place of residence will not be determining circumstances. Registration will only serve as one of the evidence in the case. At the same time, the court may recognize the right to the introduction of minors by family members of the legal owner of the housing.
The rights
The owner and family members are equal in matters of using the premises. This means that no one has the advantage in the operation of certain areas (kitchen, rooms, etc.), in terms of access to the facility, and so on. but Art. 31 LCD Assumes that the owner and relatives can establish their order of use. For example, an agreement may stipulate that one of the family members will operate only certain rooms in the house. The corresponding contract can be concluded both before the introduction and after it. The Civil Code rules on civil transactions should apply to the agreement.
Duties
Since the living space is intended for living, then family members should use it precisely for this. In the considered norm there is an indication of the obligation to ensure the safety of the object. It can not be regarded as the imposition of costs for maintenance, repair work, etc. Normally, it is understood that individuals should not take actions that could lead to the destruction / damage of an object, or the deterioration of its quality characteristics. Part three deals with utility bills, although the wording used suggests that other responsibilities may be assigned to relatives. 
Joint responsibility
It means that until obligations have been fulfilled (for the deduction of utility bills, in particular), it is possible to demand their repayment in part or in full from the owner of the object, and from any other legally capable relative. Debt can be paid both by one specific subject and by all debtors jointly (jointly and severally). Fulfillment by any of the parties terminates the obligation in full. However, it arises between the debtor and the debtors. The first one has the right to demand the fulfillment of the obligation from other persons in equal shares, minus the amount attributable to him. For example, the owner uses the premises and his three relatives. The owner paid 1 thousand rubles. utilities. With three relatives, he can demand 250 r.
Nuances
It must be borne in mind that joint and several liability rests solely with fully and partially capable entities. Features of these signs reveals the Civil Code. So, a citizen becomes competent at the age of 18 or before this age if he has married. The law allows for other grounds for emancipation. The court may limit the citizen’s legal capacity if he puts the family in a difficult financial situation due to the abuse of drugs or alcohol.
Disclaimer
It is allowed by agreement of the parties. For example, an elderly owner, when introducing relatives, stipulates that the burden of paying utility bills lies with these individuals. The corresponding agreement may be concluded during the operation of the premises. The general provisions of the Civil Code apply to the form of such an agreement.
Difficulties
It is worth saying that the agreement on the elimination of joint liability entails some problems. Suppose a landlord does not pay utility bills. When presenting a statement of claim, he refers to an agreement that provides for the assignment of this obligation to a relative. Unfortunately, the legislation does not contain any direct instructions in this regard. The only way out is to sue the obligated relative. 
Paragraph 4 of Art. 31 LCD RF with comments
The termination of relations between relatives may be due to various reasons. However, in any case, it entails the loss of housing rights. Relatives are required to evict from the premises. Relations may be terminated in connection with the dissolution of the marriage or invalidation of it. At the same time, family relations of the legal owner of the object with children do not end under any circumstances. Accordingly, they cannot become "former relatives." It follows: the conclusion that the ex-wife with children in the event of the dissolution of her marriage with her husband, will have to go outside, has no reason. Children, despite the termination of relations between parents, retain the right to use the housing on which they lived.
Disputes
The court has the opportunity (but not the obligation) to establish a specific period during which the former relative of the legal owner can use the premises. In the fourth part of the rule under consideration, certain criteria are fixed that guide the authorized body in resolving disputes. A former relative may retain the right to use housing if:
- There is no reason for him to acquire the right to use another living space. For example, a former relative is ready to buy other housing, but cannot do this, since there are no offers.
- There is no reason to exercise the right to use another room. For example, the former relative does not have any other living space, he has lost the right to operate the object in which he previously lived, and so on.
- The property status of a citizen does not allow to acquire another premises.
This list is rather illustrative, as it overlaps with a more general provision that the court has the right to take into account other circumstances that deserve attention, in connection with which the former relative has nowhere to live. Instance can save the opportunity to use the living space only for a specific period, for example, for a year. It is not allowed to indicate in the decision “perpetual” conservation, or “until the purchase of the apartment”, etc. In addition, the court cannot establish that the period is determined by agreement. Of course, it will be taken into account. However, the decision should indicate a specific period.
Maintenance obligations
Their presence is of particular importance in resolving housing disputes between relatives. The court may impose on the legal owner of the premises the obligation to provide family members with whom relations have been terminated with other housing if he pays alimony to them. Considering this rule, it is necessary to take into account a number of nuances. First of all, this provision covers the relationship between the owner, former spouse and children. Meanwhile, the latter can not be considered former relatives, as, indeed, parents, if they live together. However, regardless of exactly what the legislator meant when formulating the rule, it follows from the essence of the rule that it applies to all former relatives. Secondly, the procedure for the implementation of maintenance obligations is provided for in Articles 80-120 of the UK. According to the rules, parents are required to provide minors and adults with disabilities. Children, having reached the age of majority and having become able-bodied, are obligated to provide for parents in need of assistance. Among other things, the owner of the premises may be obliged to provide relatives, in whose favor he pays alimony, with other living space. At the same time, it can be provided both within the framework of a commercial rental agreement, and under an agreement on gratuitous use. In making the relevant decision, the court must take into account specific factors. The decision must be reasonable and enforceable. If, for example, the subject does not have sufficient funds, then no matter how much the resolution is adopted, it will not be implemented. It is also important to remember that imposing the obligation to provide relatives with accommodation is permissible only upon request. Provided rules in Art. 31 apply to cases when relations between relatives ceased before the entry into force of the LCD. 
Exceptions
An important rule regarding the application of the provisions of paragraph 4 of the commented norm is contained in article 19 of the Introductory Law to the LCD. In particular, it was established that they do not apply to the former relatives of the owner of the privatized object if, at the time of privatization, these persons had equal rights with the entity that converted the property into ownership, unless otherwise provided by law or contract. It follows that the termination of relations does not lead to the loss of housing rights. Consequently, there is no need to determine the period to maintain the ability to use the living space, to oblige the owner to provide relatives with other premises. However, the legal owner of the object may exchange, donate, sell or dispose of it differently at its discretion. In this case, the former relatives, of course, lose their rights to housing and are not protected by law.