Topic 12. Payment for housing and utilities

Citizens and organizations are obliged to timely and fully pay for housing and utilities. The obligation to pay the said fee arises:

1) from a tenant of residential premises under a social tenancy agreement - from the moment such an agreement is concluded;

2) the tenant of the residential premises of the state or municipal housing stock - from the moment of conclusion of the relevant lease agreement;

3) a tenant of residential premises under an agreement for the commercial rental of residential premises of a state or municipal housing stock - from the moment such an agreement is concluded;

4) a member of a housing cooperative - from the moment the housing cooperative provides housing;

6) the owner of the dwelling - from the moment the right of ownership to the dwelling arises.

Prior to the settlement of residential premises of state and municipal housing funds in accordance with the established procedure, the costs of maintaining residential premises and utilities are borne by state authorities and local governments or persons authorized by them (Article 153 of the LC).

The structure of payment for housing and utilities is determined by Art. 154 of the LCD, according to which this payment for a tenant of a dwelling occupied under a social tenancy agreement or a contract for the commercial tenancy of a dwelling of a state or municipal housing stock includes:

1) payment for the use of residential premises (rental payment);

2) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance and repair of residential premises, provided and performed in the established volumes, as well as on the management, maintenance and current repair of common property in an apartment building . Capital repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock;

3) utility bills.

The payment for housing and utilities for the owner of premises in an apartment building includes:

1) payment for the maintenance and repair of residential premises, which includes payment for services and work on the management of an apartment building, maintenance, current and major repairs of common property in such a house;

2) utility bills.

Owners of residential buildings bear the costs of their maintenance and repair, as well as pay for utilities in accordance with contracts concluded with persons engaged in relevant activities.

The payment for utility services includes payment for cold and hot water supply, sewerage, electricity supply, gas supply (including supplies of domestic gas in bottles), heating (heat supply, including supplies of solid fuel in the presence of stove heating).

Article 155 of the LCD establishes that payment for housing and utilities is paid monthly until the tenth day of the month following the expired month, unless a different period is established by the apartment building management agreement.

This fee is paid on the basis of payment documents submitted no later than the first day of the month following the expired month, unless a different period is established by the apartment building management agreement.

Tenants of residential premises under a social tenancy agreement and a contract for the commercial rental of residential premises of state or municipal housing stock pay a fee for the use of residential premises (rental fee) to the landlord.

Tenants of residential premises under a social tenancy agreement and a contract for commercial rental of residential premises of state or municipal housing stock in an apartment building, which is managed by a legal entity, regardless of the legal form or individual entrepreneur (hereinafter referred to as the managing organization), pay a fee for the maintenance and repair of residential premises, as well as payment for utilities of this managing organization. If the amount of the fee paid by the tenant of the residential premises is less than the amount of the fee established by the management agreement, the remaining part of the fee is paid by the landlord in the manner agreed with the managing organization.

Members of an HOA or a housing cooperative or other specialized consumer cooperative created to meet the needs of citizens for housing in accordance with the federal law on such a cooperative (hereinafter referred to as another specialized consumer cooperative) make mandatory payments and (or) contributions related to the payment of expenses for maintenance, current and major repairs of common property in an apartment building, as well as with payment for utilities, in the manner prescribed by the management bodies of the partnership or the management bodies of the cooperative.

Owners of premises in an apartment building in which such a partnership or cooperative is established, who are not members of an HOA or a housing cooperative or other specialized consumer cooperative, pay a fee for housing and utilities in accordance with agreements concluded with the HOA or a housing cooperative or other specialized consumer cooperative .

The owners of premises in an apartment building in which no HOA or a housing cooperative or other specialized consumer cooperative has been established and which is managed by a managing organization, pay for the living space and utilities to this managing organization.

The owners of premises in an apartment building, who directly manage such a building, pay the specified fee in accordance with the agreements concluded with persons engaged in the relevant types of activities. In a similar manner, the owners of these premises pay for services and work on their maintenance and repair.

As provided by h. East. 155 of the LCD, non-use by owners, tenants and other persons of premises is not a reason for non-payment of payment for residential premises and utilities. In case of temporary absence of citizens, payment for certain types of utilities, calculated on the basis of consumption standards, is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation.

Payment for utilities provided to temporary residents is paid by the tenant of the residential premises in accordance with an additional agreement with the landlord concluded for the period of residence of temporary residents.

The landlord, the managing organization are obliged to inform in writing, respectively, tenants of residential premises of state and municipal housing stocks and owners of residential premises in an apartment building about a change in the amount of payment for residential premises and utilities no later than 30 days before the date of submission of payment documents, on the basis of which this fee will be paid in a different amount, unless a different period is established by the management agreement.

Persons who late and (or) not fully paid the payment for housing and utilities (debtors) are obliged to pay to the creditor a penalty fee in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at the time of payment, from the amounts not paid on time for each day delays from the next day after the due date of payment until the day of actual payment inclusive. An increase in the specified amount of fines is not allowed.

Article 156 of the LCD establishes a general principle according to which the payment for the maintenance and repair of residential premises is set in an amount that ensures the maintenance of common property in an apartment building in accordance with the requirements of the law.

The amount of payment for the use of residential premises (rental fees), payments for the maintenance and repair of residential premises for tenants of residential premises under social rental agreements and commercial rental agreements for residential premises of state or municipal housing stock is determined based on the total area occupied (in separate rooms in hostels - based on the area of ​​​​these rooms) of the dwelling.

The amount of payment for the use of residential premises (rental fees), fees for the maintenance and repair of residential premises for the above categories of tenants of residential premises and the amount of payment for the maintenance and repair of residential premises for owners of residential premises who have not made a decision on choosing the method of managing an apartment building , are established by local governments (in the subjects of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation).

The amount of payment for renting a dwelling of the state or municipal housing stock is established depending on the quality and amenities of the dwelling, the location of the house (part 4 of article 156 of the LCD).

As provided for in Part 5 of Art. 156 of the LCD, the establishment of the amount of rent should not lead to the tenant of the dwelling having the right to a subsidy for paying for the dwelling and utilities. Federal laws, laws of the constituent entities of the Russian Federation, establishing the procedure for providing residential premises of the state housing stock to other categories of citizens in accordance with Part 3 of Art. 49 of the LCD, other conditions (compared to those provided for in parts 4 and 5 of article 156 of the LCD) may be established for determining the amount of payment for the use of residential premises (rent).

The procedure for determining the amount of payment for housing for citizens living in residential premises of houses of the social service system, in residential buildings of funds for the temporary settlement of forced migrants and persons recognized as refugees, as well as in hostels, if several citizens live in one room in a hostel, is established the owners of said dwellings.

The amount of payment for the maintenance and repair of residential premises in an apartment building in which no HOA or housing cooperative or other specialized consumer cooperative is established is determined at a general meeting of owners of premises in such a house, which is held in the manner prescribed by Art. 45-48 LCD. The amount of payment for the maintenance and repair of residential premises in an apartment building is determined taking into account the proposals of the managing organization and is established for a period of at least one year.

The amount of mandatory payments and (or) contributions of members of the HOA or a housing cooperative or other specialized consumer cooperative, related to the payment of expenses for the maintenance and repair of common property in an apartment building, is determined by the management bodies of the partnership or cooperative in accordance with their charter.

Citizens recognized as low-income citizens in accordance with the procedure established by the LCD and occupying residential premises under social tenancy agreements are exempted from paying a fee for the use of residential premises (rental fees) (part 9 of article 156 of the LCD).

A change in the amount of payment for the maintenance and repair of a dwelling in the event of the provision of services and the performance of work on the management, maintenance and repair of common property in an apartment building of inadequate quality and (or) with interruptions exceeding the established duration is determined in the manner established by the Government of the Russian Federation.

According to Art. 157 of the LCD, the amount of payment for utilities is determined based on the volume of consumed utilities, determined by the readings of metering devices, and in their absence, based on the standards for the consumption of utilities approved by local governments (in the constituent entities of the Russian Federation - federal cities of Moscow and St. Petersburg - by the public authorities of the relevant constituent entity of the Russian Federation), with the exception of the standards for the consumption of utility services for electricity and gas supply, approved by the public authorities of the constituent entities of the Russian Federation in the manner established by the Government of the Russian Federation. The rules for the provision of public services to citizens are also established by the Government of the Russian Federation.

The amount of payment for utilities is calculated according to the tariffs established by the state authorities of the constituent entities of the Russian Federation, local authorities (in the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding constituent entity of the Russian Federation) in the manner established by federal law.

Changing the form of ownership of a dwelling, the grounds for using a dwelling, the formation or liquidation of an HOA or a housing cooperative or other specialized consumer cooperative is not a basis for changing the amount of payment for utilities.

When providing utilities of inadequate quality and (or) with interruptions exceeding the established duration, a change in the amount of payment for utilities is determined in the manner established by the Government of the Russian Federation.

In accordance with Art. 158 of the LCD, the owner of the premises in an apartment building is obliged to bear the costs of maintaining the premises belonging to him, as well as to participate in the costs of maintaining the common property in such a house in proportion to his share in the common ownership of this property by paying a fee for the maintenance and repair of the residential premises.

The decision of the general meeting of owners of premises in an apartment building on payment of expenses for the overhaul of an apartment building is made taking into account the proposals of the managing organization on the start date for the overhaul, the required scope of work, the cost of materials, the procedure for financing repairs, the timing of reimbursement of expenses and other proposals related to the conditions for carrying out overhaul.

The obligation to pay the costs of capital repairs of a residential building applies to all owners of premises in this house from the moment their right of ownership to the said premises arises. Thus, the period during which the person was the owner of the dwelling does not matter in this case. Upon transfer of ownership of the premises in an apartment building, the obligation of the previous owner to pay the costs of major repairs passes to the new owner.

If the owners of premises in an apartment building at their general meeting did not decide to establish the amount of payment for the maintenance and repair of residential premises, this amount is established by the local government (in the constituent entities of the Russian Federation - the cities of federal significance Moscow and St. Petersburg - by the state authority of the corresponding subject of the Russian Federation ).

General provisions on the provision of subsidies for housing and utilities are contained in Art. 159 of the LCD, which provides that such subsidies are provided to citizens if their expenses for paying for housing and utilities, calculated on the basis of the size of the regional standard of the normative area of ​​\u6b\u159bthe residential premises used to calculate subsidies, and the size of the regional standard for the cost of housing and communal services established according to the rules h. 2 Article. 159 of the LCD, exceed the value corresponding to the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income. The size of regional standards for the normative area of ​​a dwelling used to calculate subsidies, the cost of housing and communal services, and the maximum allowable share of citizens' expenses for paying for dwellings and utilities in the total family income are established by the subject of the Russian Federation. For families with an average per capita income below the established subsistence minimum, the maximum allowable share of expenses is reduced in accordance with a correction factor equal to the ratio of the family's average per capita income to the subsistence minimum. According to part XNUMX of Art. XNUMX ZhK the right to subsidies have:

a) users of residential premises of the state and municipal housing stock;

b) tenants under contracts for the lease of residential premises of private housing stock;

c) members of housing cooperatives;

d) homeowners.

Subsidies are provided by the local self-government body or an institution authorized by it to the above citizens on the basis of their applications, taking into account their family members permanently residing with them.

Subsidies are transferred to citizens before the deadline for making payments for housing and utilities, established by Part 1 of Art. 155 LCD. Thus, the payment of subsidies is not made in cash, but through non-cash payments.

The LC specifically stipulates that subsidies are provided to citizens if they do not have arrears in paying for residential premises and utilities or when citizens conclude and (or) fulfill agreements on its repayment (part 5 of article 159).

When determining the rights of citizens living in residential premises of any form of ownership to subsidies and calculating their amounts, regional standards of the normative area of ​​\uXNUMXb\uXNUMXbthe residential premises used to calculate subsidies, the cost of housing and communal services and the maximum allowable share of citizens' expenses for paying for residential premises and utilities are applied. in total family income. The size of the regional standard for the cost of housing and communal services is established on the basis of prices, tariffs and standards used to calculate fees for the maintenance and repair of residential premises and utilities for tenants under social rental agreements living in residential premises located in houses, the level of improvement, constructive and the technical parameters of which correspond to the average conditions in the municipality.

As stipulated by Part 8 of Art. 159 of the LCD, financing of expenses for the provision of subsidies is carried out from local budgets at the expense of subventions provided to local budgets from the budgets of the constituent entities of the Russian Federation, and for the federal cities of Moscow and St. Petersburg - from the budgets of these constituent entities of the Russian Federation. Subjects of the Russian Federation for the purposes specified in the above norm may receive financial assistance from the federal budget, calculated on the basis of federal standards established by the Government of the Russian Federation.

The procedure for financing expenses for ensuring the provision of subsidies, as well as the procedure for financing expenses for the provision of subsidies to citizens undergoing military service and living in closed military camps, is established by the Government of the Russian Federation.

The amount of the subvention from the budget of a constituent entity of the Russian Federation is calculated based on statistical information on the distribution of the population of the municipality in relation to the levels of average per capita income and on the basis of regional standards:

1) the standard area of ​​the dwelling used for the calculation of subsidies;

2) the cost of housing and communal services, differentiated by municipalities;

3) the maximum allowable share of citizens' expenses for housing and utilities in the total family income (part 10 of article 159).

In accordance with Part 11 of Art. 159 of the LCD, the local self-government body has the right to apply, when calculating subsidies, standards of the normative living space used for calculating subsidies, the cost of housing and communal services and the maximum allowable share of citizens' expenses for paying for housing and utilities in the total family income, which are different from the established regional standards, if this improves the situation of citizens receiving such subsidies. Additional costs for the provision of these subsidies are financed from the local budget.

Subsidies for payment for housing and communal services are not provided to foreign citizens, unless otherwise provided by international treaties of the Russian Federation.

Certain categories of citizens, in the manner and under the conditions established by federal laws, laws of the constituent entities of the Russian Federation and regulatory legal acts of local governments, may be provided with compensation for the costs of paying for residential premises and utilities at the expense of the relevant budgets.

Compensation for expenses for paying for residential premises and utilities are included in the total family income when calculating subsidies provided to citizens in the manner prescribed by Art. 159 JK (art. 160 JK).

As provided by Art. 8 of the Law on the introduction of the LCD, until changes are made to federal laws and other regulatory legal acts in terms of replacing the procedure for providing citizens with benefits for paying for housing and utilities with the procedure for providing in accordance with Art. 160 of the LC of compensation, the previous procedure for providing these benefits, established by these federal laws and other regulatory legal acts prior to the entry into force of the LC, is retained.

Author: Ivakin V.N.

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