"Sorry, server crash". Renovators forcibly evict a family to a smaller area

On the last day, an evil "server failure" intervened, now the city offers only a two-room smaller area. For refusal - eviction by court.

Yulia Suntsova

The first notification of the inclusion of an apartment building at the address: Moscow, 3rd Spinning Street, Building 14, Building 2 in the renovation program to its residents and specifically to the Kopins' family came on April 29 of this year.

The house is being prepared for demolition, and due to the current emergency, the Moscow City Property Department suggested that Alexander, his wife Irina and their two children move to a three-room apartment in a new building. A new building was erected in accordance with all the rules - in the same area, in accordance with the standards of improvement, according to a target program specifically for such immigrants as they are.

Apartment No. 80, Izmailovsky proezd, house No. 5A, 17th floor, cadastral number 77: 03: 0005001: 11565.

Deputy Head of the Moscow City Property Department (DGI) Anton Sorokin, in a signed letter, describes in detail the procedure for approving the proposed option:

- within five working days after receiving the letter, copyright holders need to inspect the new apartment,

- provide consent (or refusal) to receive the proposed option,

- in case of consent, write a statement on the inclusion of the proposed apartment in the subject of the contract,

- collect and submit to the information center a package of documents for signing an agreement (originals and copies of passports, certificates of marriage / divorce, birth of children, title documents for vacated housing, etc.)

The family was completely satisfied with the option. Instead of a two-room apartment with a living area of 30.5 square meters (and a total of 45.3 square meters), the Kopins were given a three-room apartment with a living area of 49.2 square meters. (and a total of 84.6 sq. m.). Residents began to go through all the prescribed bureaucratic procedures strictly point by point.

- Came at the appointed hour to inspect the new apartment. In the new apartment, the battery dangled and the parquet was parted, there were large crevices. Elimination of construction defects was drawn up and accepted twice. In the end, the act of viewing the housing was signed. It remained only to secure the agreement on the replacement of the living quarters and accept the key. Officials have appointed this case for October 13, - says Alexander.

It took six months to collect documents and eliminate construction defects in the new apartment. The most troublesome, it seemed, was over. They called from the City Property Department, reported that the documents were ready and invited for the final signing.

At the appointed hour, the family came to a meeting with a representative of the DGI at the temporary office at the address of the new building - Izmailovsky proezd, 5A.

It turned out on the spot that the documents were still not ready. The meeting was postponed for a week - to October 20.

An hour later, another employee of the DGI called Alexander and said the following: there was a technical failure, the three-room apartment was canceled.

Now instead of it there is a kopeck piece, total area 51 sq.m., living space - 29.4 sq.m. (1.1 meters less than the one that needs to be freed and demolished).

“Due to a technical failure, a notice of the offer to you of a three-room apartment at the address: Moscow, Izmailovsky proezd, 5A, apt. 80 was sent by the server in error. Information about this failure will be taken into account to improve the operation of the city's electronic services”, - Alexey Kurichev, head of the resettlement department of the Moscow City Property Department, explained in his letter later.

With a lawyer, the Kopins went to solve the problem at the official address of the Department of City Property in the Moscow Government. The reception was hosted by a young employee.

He explained that it was not the Moscow government that was to blame for everything, but the Moscow Housing Renovation Fund, coordinating the distribution of housing. The new legal entity, he said, was created specifically to exclude corruption in the Moscow renovation and to divide the powers for the construction, management of the new housing stock and the distribution of housing between applicants. Who and what apartment will get is randomly determined by the computer. When the computer was looking for new housing for the Kopin family, there was a technical failure in the servers and the addressee received an incorrect notification, the employee persuaded.

Why this "incorrect notification" was first prepared by assistant Mekhedova DI, and then signed by the deputy head of the Moscow City Property Department Anton Sorokin, and then sent the correspondence department, and then a whole staff of employees oversaw the collection of a package of documents in pursuance of this decision, to one computer known.

Today the situation is as follows: not withdrawn, not contested, not recognized as invalid:

1.signed and agreed upon by the parties a proposal to conclude an agreement for relocation to a three-room apartment with an assigned cadastral number, 2.signed by the parties consent to conclude an agreement on relocation to a three-room apartment with an assigned cadastral number, 3.signed consent to include this three-room apartment in the subject of the agreement , 4. acts of inspection.

In their responses to complaints, mayors demonstrate, one might say, classic schizophrenia.

The federal law is unambiguous in its interpretations and strictly prohibits the relocation of people to housing with a smaller living space:

“Based on Art. 7.3 of the Law of the Russian Federation of April 15, 1993 No. 4802-01 "On the status of the capital of the Russian Federation" tenants of residential premises in apartment buildings subject to renovation, vacating these residential premises, in order to ensure their residential rights in exchange for such residential premises are provided with equivalent residential premises in which the living area and the number of rooms is not less than the living area and the number of rooms in the vacated living space <…> ".

Within the framework of the same answer, literally through a paragraph, with reference already to the decree of the Moscow Government, officials broadcast exactly the opposite idea:

Within the framework of the provisions of the decrees of the Government of Moscow dated 08.08.2017 No. 517-PP "On the establishment of the Moscow fund for the renovation of residential buildings", the Moscow Fund for the Renovation of Residential Buildings (hereinafter referred to as the Fund) is entitled, subject to the consent of a citizen vacating a dwelling in an apartment building included in the Renovation Program , transfer to the citizen the residential premises owned by the Fund that meet the improvement standards and requirements for an improved transaction established for the implementation of the Renovation Program, the total area of which is greater than the total area of the vacated residential premises, and the living area is less than the residential area of the vacated residential premises. In this case, the citizen is provided with compensation in monetary form at the expense of the Fund in accordance with the procedure established by the Council of the Fund".

The key disclaimer in the bylaw of the Moscow Government is, of course, the phrase “WITH CONSENT”. With the consent of the citizen, officials may not follow the federal law and relocate the citizen for renovation to a smaller living space.

But there is no signed consent (to reduce the living space and monetary compensation for undelivered residential meters), officials continue to look for an option that suits all parties.

In all the normative legal acts accompanying the renovation, the term “ improvement of living conditions ” constantly flashes (this is, as it were, the declared main purpose of the renovation). According to this higher plan, officials cannot strictly provide an apartment that is inferior in characteristics to the one being released, but they can provide it better than it was - they can easily and without restrictions.

The option that suits the Kopins' family is the originally proposed three-room apartment.

How are officials from the City Property Department now trying to convince the Kopins that this three-room apartment is not suitable for them, to force them to agree to a two-room apartment?

In their responses, they write:

"At the moment in the resource of the Department there are no apartments with a living area of at least 30.5 sq. M.",

“Earlier, in the Resettlement Unit in the HLW of the Department of Resettlement of the Department, you were given an explanation about the absence of grounds for providing your family with a three-room apartment”.

Renovation curators submit to the envelopes for their answers already completed application forms for the change of housing.

In the last conversation on this topic, a consultant from the City Property Department expressed a threat to the owner of the following content: if you don’t sign the kopeck piece within 90 days, we will sue and register you there FORCEDLY.

Even the housing office was not too lazy to join the psychological attack, recalling the communal debts. The Kopin family does not agree with the accruals of a certain period of previous years, because, according to them, the calculations did not take into account the disability benefit from the oldest owner (mother of Alexander), who died last year. “You are on the stop-list, you will never be given a normal apartment,” the ZhEK told Alexander carefully.

Recently, a gas pipeline was cut in the house.

And one evening, returning from work, Alexander found that the front door was welded on and it was impossible to get into his own apartment.

In the prefecture, these tricks were explained by a simple concern for the safety of residents: "the organization of the implementation of measures to prevent exceeding the maximum permissible characteristics of the reliability and safety of operation of structural elements and engineering systems."

For five days with the police, Alexander sought to be allowed into the apartment he still owned. A compromise was reached: a barn lock was hung on the driveway. Then it took another five days to get the keys to the lock issued.

Finally, as true extortionists, having created a circle of problems for people, the City Property Department and the Moscow Renovation Fund give the Kopins a particularly valuable piece of advice: PAY UP.

V.V. Vitrishchuk, Head of the Department for the Sale of Residential and Non-Residential Space of the Moscow Residential Development Fund in his reply, he advises the Kopins to familiarize themselves with the list of apartments more attractive than the one offered to them on the website of the Renovation Fund fr.mos.ru. And buy the one you like for an additional fee.

The City Property Department joins the council: "You can consider purchasing residential premises of a larger area and with a large number of rooms for an additional fee within the framework of the Decree of the Moscow Government dated 01.02.2018 No. 45-PP."

The three-room apartment, originally proposed by Kopin and their efforts, freed from construction defects, is already listed in the cadastral register in the Rosreestr database.

The agency's website indicates that the apartment has one copyright holder, at least since October 28, his name and registration date are hidden.

Lawyer's comment:

- Clauses 1, 2 of Art. 4 of the Law of Moscow of 05/17/2017 N 14 "On additional guarantees of housing and property rights of individuals and legal entities in the implementation of the renovation of the housing stock in the city of Moscow" states: the living area and the number of rooms in the provided living space cannot be less than the living area, respectively and the number of rooms in the vacated dwelling, and the total area of such a dwelling may even exceed the total area of the vacated dwelling.

The same right is indirectly enshrined in the Decree of the Moscow Government dated 08.08.2017 N 516-PP (as amended on 11.11.2019) "On approval of the Requirements for improved finishing of equivalent residential premises provided in exchange for residential premises in apartment buildings included in the Housing Renovation Program in the city of Moscow, and common premises in apartment buildings in which such equivalent living quarters are provided. "

Consequently, in the literal interpretation of the rule of law, payment for impairment is not imperative, and such an agreement can be reached only by agreement of the parties. Thus, they do not have the right to force a smaller living space with a surcharge, there are no legal possibilities for that, except for the consent of the owner himself.

What can you advise? If there is resistance to the psychological training to which the organizers of the renovation subject the migrants, and the written claims work is debugged, then there is a chance to defend the strict observance of their rights. However, there is no judicial practice on this issue yet, and it will be of great importance that the displaced persons have already signed.