Lukyanchikov's special case: a relocatee of renovation program cannot move into his apartment already for 3 years

Lyudmila Butuzova

In January 2019, we went to see the new building. The apartment turned out to be uninhabitable. The family refused to move until the construction defect was corrected. The renovation took three years. Lukyanchikov's wife and daughter are forced to live in a rented apartment. Ivan himself all this time lived in an old three-ruble note on Vvedenskaya Street, 5. In May this year, the house was demolished. Ivan was forcibly evicted into illiquid assets, and now he is between heaven and earth - without housing, with registration in a non-existent house and awaiting a fair trial to resolve his housing situation.

Ivan Lukyanchikov told Novye Izvestia how the renovation turned his life into hell:

- Our house on Vvedenskaya was one of the first to move to Profsoyuznaya after renovation in Konkovo. The new 19-storey building was located nearby, many people liked the fact that you stay in your neighborhood. They did not particularly obsess about the fact that the house was originally built by SU-155 for sale, then SMU-6 was being completed “for renovation”. Then, from all the irons, the statement of the head of the Department of Urban Development Policy of the capital, Sergei Levkin, was heard that the first houses to which they began to enter according to the program, “we actually redesigned and adapted to the standard of renovation in decoration, engineering and improvement".

In "our" house on Profsoyuznaya, the re-profiling consisted in the fact that from two one-room apartments they made one three-room apartment. The list of building jambs and finishing flaws on our Profsoyuznaya street turned out to be so long that people moved in tears in their eyes, or refused to move in at all, demanding houses and apartments that met renovation standards. Alas, we had to take what we had.

My family got an apartment on the 12th floor: a loggia, the footage of the rooms is almost the same as in the old apartment, but this one is more due to the corridor and two bathrooms. If the apartment was in good condition, we would have signed a barter agreement long ago. But she was alert! Repeatedly flooded from top to bottom, with a fungus on the walls, there was no ventilation system, defective windows and doors, crumbling plaster on the loggia, two bathrooms - the joy of a newcomer - and they did not work, everything flew there...

The question arose: how was the house received if the apartment was in disrepair ? Somehow it was accepted ... The mystery of nature. But it turned out that it was this apartment number 32, which was offered to me, that the commission of representatives of the Zhilishnik, the council, the prefecture, refused to accept until the imperfections were eliminated. There were also several apartments that were unfit for habitation and were not accepted by the commission. One of our neighbors, an activist of the Zasnotsy Moskvy group on VKontakte , also got this one. He launched a vigorous activity, wrote everywhere that such a house was "a disgrace of renovation," attracted a Moscow City Duma deputy, and in the end he was given a normal apartment in the house opposite. No one else had such a number.

Everything according to the scheme: court - bailiffs - barbaric resettlement. Some did not even have time to pack up. For my neighbor Milto Svetlana Alexandrovna, the move became a real tragedy. She is a pensioner, a labor veteran, had a good, well-groomed kopeck piece. By force, arm in arm, they took me to an apartment on Profsoyuznaya, where there was no ventilation system and the kitchen was completely ruined after the flooding. Things from the old apartment were thrown into the car at random. I tried to help, the bailiffs did not let me in, and they also took 5 thousand rubles from her "for services." The elderly woman just wanted to wait for the move to the renovated house at 98 Profsoyuznaya, building 2, but they didn’t meet her halfway.

After this incident, the frightened neighbors preferred to obediently wait for repairs in the defective apartments, until they were brought into compliance with the Moscow Government Decree No. 516, which approved the finishing standards for “equivalent living quarters” included in the renovation program.

By the way, if someone expects that the "standards" correspond to the finish of the improved comfort class promised by Sobyanin, then you should not roll your lips. To date , only 11.1 thousand rubles per square meter are allocated for finishing. This is the price. minimal cosmetic repairs, when the entire entrance is made by a large detachment of visitors. Such repairs can be done by choosing the cheapest and most miserable.

For this money, officials promised metal entrance doors, bathrooms - with high-quality faience and glazed tiles, steel bathtubs and heated towel rails, interior doors made of timber or veneer, "non-woven wallpaper," painted "ceilings, wooden or PVC double-glazed windows, laminate floors.

But even on this, our developer saved. There was no repair, one might say, and, judging by the fact that the city policy department through the courts began to urge people to move into illiquid assets, no one was going to do it.

Since the fall of 2019, the Cheryomushkinsky District Court has begun to issue decisions on forced eviction from Vvedenskaya Street to Profsoyuznaya in batches. Some tried to appeal against the "verdict" in the Moscow City Court, but they got nothing. On November 13, 2019, the district court made a decision to relocate my family to the new building (the court turned to immediate appeal).

At that time, there were already 4 commissions that refused to take the apartment into operation. The court did not pay any attention to this. As well as the fact that on the eve of the trial the apartment was flooded again, and the commission again obliged the developer to repair it. They simply satisfied the DGI's claim for forced resettlement, and that's it.

I appealed the decision to the Moscow City Court, and you will not believe it, initially he sided with the law and justice, and not with the city authorities. Then the question arose in court: is there really no other vacant apartment in the house? After all, you can move a person into another free apartment, but this one. let them do and receive as they should. DGI seemed to hear it.

They offered another apartment - a smaller area in a neighboring house. We were already so exhausted by the troubles and the courts that we agreed, and the apartment as a whole was normal. But the DGI set a condition for us - to sign an amicable agreement and withdraw claims on the unsuitability of the renovated apartment on Profsoyuznaya. We refused. They rested, like they went to the principle. You should have heard how they talked to me!

“The state owes you nothing! Sign what they gave you, otherwise we will smear you, you will move into the very shit, and no Supreme Court will help".

I answered: we'll see! It was, of course, very unpleasant. The nasty officials imagined themselves to be the state, which has the right to "punish" those who object in this way - "you will move into shit, no Supreme Court will help." Do you know who gave us an apartment in a five-story building in 1969? It was the Supreme Court that gave it. My grandmother was a member of the Armed Forces, stood in line. It is interesting to see how they will smear us there now ...

After the DGI's threats to our family, the Moscow City Court revised its decision and upheld the decision of the Cheryomushkinsky court on the immediate forced eviction to an emergency apartment on Profsoyuznaya. The most difficult time has come for us. We were left alone in the five-story building on Vvedenskaya. The heating was turned off. Marauders dragged iron doors from apartments to scrap metal day and night, knocked out windows, stole everything they could from apartments. He experienced all the pressure measures that the authorities invented for residents who pump their rights and refuse to sign a barter agreement - threats, pogroms, enclosing a house with a construction fence, cutting off water and electricity, cutting wires.

I filed a cassation appeal against the unlawful decisions of the Moscow City Court and the Cheremushkinsky Court on the forced eviction of the family. And not in vain. In March 2021. The Second Cassation Court overturned these decisions and sent the case to the Moscow City Court for a new examination. For the first time ever, the judges drew attention to the acts testifying to the presence of construction defects in the dwelling, and doubted the conclusions of the courts about the suitability of the provided apartment for living. The decision on forced eviction was suspended, new proceedings in the Moscow City Court were scheduled for July 28, 2021.

Lawyer Olga Vlasova and I (she defends the interests of my wife and daughter) breathed a sigh of relief.

But it turned out that we know poorly the Moscow officials. They play renovation and settle scores with people according to their own rules, ignoring court decisions that are unfavorable to them and their own Moscow laws, and even flaunt it. DGI openly considers the Moscow City Court to be tame, at one of the court hearings in our case, representatives of the department stated that in the interests of renovation they are not obliged to comply with some laws. And so it happened.

In May, under threat of being thrown out by the bailiffs, whom the DGI instructed to execute the decision of the Cheryomushkinsky court of November last year, despite the fact that it was canceled by the Second Court of Cassation, I was forced to leave my house on Vvedenskaya. A couple of days later it was demolished, contrary to the law of the city of Moscow that as long as there is at least one unsettled apartment in the house, it remains inviolable.

I wrote an appeal to the Investigative Committee to Bastrykin, asking him to assess what is happening, since I consider this to be a direct excess of official powers on the part of Moscow officials. There is no answer yet. Intrigues and lawlessness continue.

Last Thursday, an acceptance committee headed by representatives of the DGI again visited "my" murdered apartment. The disadvantages remained the same, but in the act they wrote that the apartment was suitable for living. I refused to sign this nonsense , the government also refused at first, but after calls from the mayor's office, I signed it. In short, they overlaid flags like a beast and left no way out.

“And we told you: do not sue the state. I would have done the renovation little by little, and I would have sold this apartment to hell, ”- this is how my experienced neighbors admonish me. But m s not going to sell the apartment, we live in it, in contrast to the ardent supporters of the renovation, so the suing, and achieve the basic obligations to the displaced. It is difficult to predict how the new proceedings in the Moscow City Court on July 28 will turn out. But I want to prove that officials are obliged to abide by the law and that ordinary people also have rights.