• 1 Introduction to the topic
• 2 How to correctly issue a refusal
• 3 When it may be beneficial to refuse official housing
• 4 Registration procedure
• 5 Important points

Need legal advice? We will give expert advice in a difficult situation Introduction to the topic The first part of Federal Law No. 76 dated May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for rent, while the living space provided by the state must meet the requirements specified in another article of the legislative act - Article 15.1. According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area is allocated to each member of the military family with whom he lives together.

Refusal of a dormitory room for military personnel

Dormitory: 4 floors, 1 bathroom, shower in the basement + a certain contingent. Question: how can I motivate my refusal in order to once again have the right to apply for consideration of my question by the commission? Is the reason for refusing such housing the child’s illness (two children have enuresis, one has hydrocephalic syndrome - we are registered with a neurologist for both of them). Or is it possible to indicate some other reason? The administration has such a fund. Reason for providing housing: there is currently no suitable apartment in the fund. I am not standing in any queue. This is service housing. During work.

Does a military serviceman have the right to refuse official housing?

Apartments in unsafe and dilapidated buildings are also a sufficient reason to think about refusal. If the housing offered is less than what you are entitled to by law, it is also beneficial in many cases to refuse to receive it in favor of the compensation paid. There are often situations when a serviceman rents an apartment using sub-rental money paid to him, while the apartment offered may be much smaller or geographically located in an inconvenient location.

Info

In such cases, it is also beneficial for the serviceman to refuse to receive it. In addition, often the form of security in the form of payment of monetary compensation is made in an amount exceeding the cost of renting housing. Thus, the serviceman gets the opportunity to accumulate finances or use them for his needs.

Let's rent. refusal of official housing in favor of subletting.

Attention

However, it is worth recalling once again that the refusal must be motivated, so you need to provide some, albeit formal, but still compelling reason. Registration procedure The refusal must be completed within 5 days after the serviceman was informed about the proposed living space. Within this period, it is necessary to send a personal written refusal to the appropriate unit of the authorized body.

How can a military personnel refuse housing?

Provisions on the payment of monetary compensation for the rental (sublease) of residential premises to military personnel - citizens of the Russian Federation, performing military service under a contract, and members of their families, approved by Resolution No. 909, monetary compensation is paid to military personnel in the event of impossibility of providing residential premises in accordance with the legislation of the Russian Federation at the request of military personnel at the expense of funds allocated from the federal budget for these purposes to the federal executive body in which federal law provides for military service, in the amount provided for in a housing rental (sublease) agreement concluded in writing, but not more than the established amounts. based on the above based on the system analysis of paragraph 3 of Art. 15 of Federal Law N 76-FZ and paragraph.

Forum for mutual legal assistance of military personnel

The state pays great attention to providing military personnel with necessary housing. Based on current legislation, every military man must be provided with funds for the acquisition or construction of his own living space, or he must be provided with living space. Of course, every person dreams of having their own apartment, and at first glance it seems that there are no people who want to give up the housing provided.
However, in practice, it is far from uncommon for a person doing military service under a contract or a professional military man to refuse allocated living space. In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal.

Thus, based on the analysis of the above norms, the provision of smaller office residential premises, residential premises of a mobile fund or residential premises in a dormitory is of a temporary nature (until the receipt of residential premises in accordance with the standards established by Article 15.1 of Law No. 76-FZ) and is carried out only with consent of the serviceman. In the absence of the specified residential premises, military units rent residential premises to provide for military personnel or, at their request, pay them monthly monetary compensation for renting (subletting) residential premises in the manner and amount determined by the Government of the Russian Federation.

How can a military personnel refuse housing?

If the military personnel to whom messages about the provision of residential premises are sent do not agree to the provision of residential premises within ten days from the date of receipt of the notice of delivery of the message to the structural unit of the authorized body, the specified service residential premises are provided to other military personnel included in the list for the provision service residential premises. The provision of service living quarters to military personnel specified in paragraphs five and six of this paragraph is carried out in the manner prescribed by this Instruction.

Attention

Anton, the basis for refusal to provide official residential premises is the availability of housing in the relevant locality. There are no restrictions on the number of refusals to provide official residential premises.

Does a military serviceman have the right to refuse official housing?

Russian Federation. In accordance with paragraph 3 of the “Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under contract in the Armed Forces of the Russian Federation”, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 “On the provision of military personnel of the Armed Forces of the Russian Federation Federation of residential premises under a social tenancy agreement and official residential premises" (hereinafter referred to as Instructions, Order No. 1280), official residential premises are provided to military personnel and members of their families not lower than the standards for the provision of residential premises when providing residential premises under a social tenancy agreement, established by Article 15.1 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel.” According to Part 1 of Art.

Reasoned refusal to obtain housing for military personnel in Roujo

In this material we will talk about why it is not always profitable to receive housing from the state, and how to correctly formalize the corresponding refusal. Introduction to the topic The first part of Federal Law No. 76 of May 27, 1998 guarantees that every serviceman of the Russian Federation must be provided with housing or monetary compensation for rent, while the living space provided by the state must meet the requirements specified in another article of the legislative act - article 15.1.
According to its text, a serviceman must be provided with housing with an area of ​​at least 18 m², at the same time, exactly the same area is allocated to each member of the military family with whom he lives together. The same article talks about the procedure for action in cases where the state cannot provide a serviceman with the housing he is entitled to.

Forum for mutual legal assistance of military personnel

The application form can be free, but it is recommended to use Form No. 4, attached to the special instructions of the Ministry of Defense of the Russian Federation. According to it, the message must indicate the following:

• The current date;
• text “I refuse to provide the accommodation specified in this message”;
• It is recommended to indicate the reasons for refusal below;
• signature and its decoding.

If within 10 days the serviceman has not sent a refusal or consent to the provided housing to the relevant unit of the authorized body, the living space will be provided to other citizens who are in line to receive a service apartment, while the serviceman himself will subsequently lose the right to apply for living space.

Refusal of a service apartment provided for a military serviceman.

Question: Hello! Can you please provide a list of reasons for being removed from the queue for official housing? And how many times can I refuse the proposed official housing on legal grounds? I am a contract serviceman. The first time I was allocated a one-room apartment for two people from the flexible fund, I refused it due to the fact that we are soon expecting the birth of a child and therefore can apply for a two-room apartment.
I provided a certificate from the clinic stating that my wife was registered at 35 weeks of pregnancy. Now I have received a second notification that they have again allocated a one-room apartment, but my wife has not given birth yet, we are waiting the other day.

Anton, 26 years old, Stavropol Answer: Anton, hello. In accordance with Part 2 of Art. 99 of the “Housing Code of the Russian Federation” dated December 29, 2004 No. 188-FZ (ed.

Question:

Hello! I am a warrant officer. I am 48 years old. The length of service is 13 years. I don’t own any housing, I’m registered with a unit. I live in my brother's apartment. The Housing Commission recognized me as needing housing under a social tenancy agreement, and chose Ryazan as my place of residence.

They cannot provide housing on social rent here, since it is not available in this city (they say, “wait”). I was offered to write a report on official housing, I wrote it. I haven’t moved into official housing yet. The contract expires in 2 weeks. They want to fire me and provide me with company housing, so that I can continue to wait for housing on social rent in Kaluga. Due to the fact that, having received official housing, I can wait and not receive social rented housing (sort of like “provided with housing”), questions have arisen. Can I submit another report, this time about refusing official housing (if so, how to do this and what to refer to)? Are they obligated to grant my request? Can I be fired without providing permanent housing if I refuse my official position?

Vladimir, Yasny

Answer:

Vladimir, hello. In accordance with clause 5 of the “Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation”, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) " On the provision of residential premises to military personnel of the RF Armed Forces under a social tenancy agreement and official residential premises", if the serviceman disagrees with the provided residential premises, he, within five days from the date of receipt of the message about the proposed residential premises, sends to the structural unit of the authorized body a refusal to provide official residential premises, formalized in box No. 2 to the message about the proposed residential premises, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.

If the military personnel to whom messages about the provision of residential premises are sent do not agree to the provision of residential premises within ten days from the date of receipt of the notice of delivery of the message to the structural unit of the authorized body, the specified service residential premises are provided to other military personnel included in the list for the provision service residential premises.

According to paragraph 1 of Art. 23 of the Federal Law of May 27, 1998 No. 76-FZ (as amended on February 3, 2014, as amended on June 4, 2014) “On the status of military personnel”, military personnel are citizens whose total duration of military service is 10 years or more, in need of improvement of living conditions according to the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, they cannot be dismissed from military service upon reaching the maximum age for military service, health conditions or in connection with organizational and staffing measures without providing them with housing premises or housing subsidy. If these military personnel wish to receive living quarters other than the place where they were discharged from military service, they are provided with living quarters at their chosen place of permanent residence in the manner prescribed by clause 14 of Art. 15 of this Federal Law.

Vladimir, you have the right to refuse the provision of office housing. This refusal will not serve as a basis for dismissing you from military service.

Alexander Tomenko, military lawyer

Can you please provide a list of reasons for being removed from the queue for official housing? And how many times can I refuse the proposed official housing on legal grounds? I am a contract serviceman. The first time I was allocated a one-room apartment for two people from the flexible fund, I refused it due to the fact that we are soon expecting the birth of a child and therefore can apply for a two-room apartment. I provided a certificate from the clinic stating that my wife was registered at 35 weeks of pregnancy. Now I have received a second notification that they have again allocated a one-room apartment, but my wife has not given birth yet, we are waiting the other day.

:

According to clause 5 of the “Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation”, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) “On the provision for military personnel of the Armed Forces of the Russian Federation of residential premises under a social rental agreement and official residential premises", if the serviceman does not agree with the provided residential premises, he, within five days from the date of receipt of the message about the proposed residential premises, sends to the structural unit of the authorized body a refusal to provide official residential premises, formalized in the counterfoil No. 2 to the message about the proposed residential premises, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.

If the military personnel to whom messages about the provision of residential premises are sent do not agree to the provision of residential premises within ten days from the date of receipt of the notice of delivery of the message to the structural unit of the authorized body, the specified service residential premises are provided to other military personnel included in the list for the provision service residential premises.

The provision of service living quarters to military personnel specified in paragraphs five and six of this paragraph is carried out in the manner prescribed by this Instruction.

Anton, the basis for refusal to provide official residential premises is the availability of housing in the relevant locality.

There are no restrictions on the number of refusals to provide official residential premises.

Refusal of service housing for military personnel, how to motivate it and how to formalize it in practice - details below. If it is not suitable for living or does not meet the needs of his family, there is an opportunity to refuse it.

Service housing: rights and responsibilities of a military personnel

Every serviceman of the Russian army who has entered into a contract has the legal right to be provided with service housing. According to the first part of Article 15 of Law No. 76-FZ, all contract soldiers and relatives living with them must receive official housing for temporary use during the first three months from the moment of arrival at the place of duty. This law is relevant for those who do not own housing premises in the region of service.

But, if the residential premises provided by federal authorities do not comply with the standards prescribed in the housing code, the serviceman has the right to refuse it and demand another option.

According to current legislation, housing provided for military personnel and their family members must meet the following requirements.

1. Have a suitable area - at least 18 m2 per person;
2. Be connected to electricity, water supply, sewerage and other communications;
3. For dormitories, an important point is the presence of a minimum set of furniture;
4. The dwelling must fully comply with the sanitary standards in force at the time of occupancy;
5. It must fully comply with existing technical standards.

Housing for military personnel is provided for temporary use under a social rental agreement for the duration of their service. There is an option to provide housing for permanent use. It is possible to obtain housing in a situation where a contract employee agrees to move into an apartment or room that does not meet the requirements.

Reasons for refusing a service apartment or room

On legal grounds, a soldier serving under a contract has the right to refuse the premises provided for living. A motivated refusal of the received housing will allow the serviceman to continue to demand more suitable accommodation. Or receive compensation for subletting from the federal budget to cover rental-related expenses.

The reasons why a serviceman has the right to refuse residential premises provided to him under a social tenancy agreement:

1. The contractor has the right to refuse the housing provided to him if it does not comply with the standards described in the current housing code;
2. There is a possibility of refusing to provide housing if the total living area of ​​the premises is less than required according to the standards prescribed in the current legislation. Each resident must have at least 18 square meters;
3. Lack of electricity, water supply, gasification or other communications in the provided housing. This is also a compelling reason for writing a report with the aim of refusing to live there;
4. Another valid reason that can motivate a refusal is the location of the premises relative to the place of work, that is, a military unit. If the home is too far from the place of work, then you can refuse it without consequences;
5. You can submit a report of refusal due to sanitary standards if the apartment or room is in poor condition. For example, if the home requires major repairs, the walls are covered with mold, and there is high humidity inside;
6. Another reason is the excessively large area of ​​living quarters allocated to the military unit. Which entails the need to pay exorbitant amounts for the provision of utility services.

Difficulties with refusal may arise if the agreement has already been concluded. And the serviceman lived for some time in the housing provided to him. In this case, after refusal, he may lose the right to receive another place to live. Or lose the opportunity to receive compensation from the federal budget to pay for a rented apartment.

A serviceman has the right to refuse the offered housing, and in return demand a more suitable option. The procedure for refusing is quite simple. It is described step by step below:

1. It is necessary to draw up a report indicating the reasons for the refusal;
2. Submit it within ten days for consideration by the unit command;
3. Wait for the appropriate decision and order.

After reviewing the report, the serviceman may be offered other housing options. Or monetary compensation paid by the state for renting housing. Money to pay for a rented apartment or house is paid only if the serviceman has entered into a lease agreement with the landlord. The amount is determined individually, depending on the region, changes in the real estate rental market and rank. Funds are credited monthly along with salary payments.

Refusal of service housing for military personnel and consequences

Refusal of an apartment or room provided by the leadership of a military unit is the legal right of a serviceman. If the refusal is motivated by compelling reasons and the housing does not meet the requirements, then the serviceman has the right to demand the following from management.

1. Provide him with another place to live under a social tenancy agreement for the duration of his service;
2. Provide him with monetary compensation for paying for the rented room or apartment. It is important to conclude an agreement with the individual or legal entity renting the apartment.
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