THE COMMISSIONER FOR HUMAN RIGHTS IN THE REPUBLIC OF TATARSTAN RESTORED THE HOUSING RIGHTS OF A CITIZEN
The Human Rights Commissioners in the Republic of Tatarstan pay special attention to the problems of people with disabilities, the creation of conditions conducive to the integration of disabled people into society, as well as the adoption of measures aimed at ensuring equal access of disabled people to social facilities and services in priority areas of their life.
So, at the beginning of August 2022, citizen F., a resident of the city of Kazan, addressed the Commissioner on the issue of long-term consideration of her application for recognition of the living quarters of a disabled person unfit for habitation.
According to the applicant, she is raising three children, one of whom is disabled. As she said, the living space in which this family lives and the common property in an apartment building do not meet the requirements for accessibility of residential premises and common property in an apartment building for the disabled.
This fact was confirmed by the conclusion of the authorized body attached to the appeal on the absence of the possibility of adapting the living quarters of a disabled person and common property in an apartment building, taking into account the needs of a disabled person and ensuring accessibility conditions for a disabled person.
In accordance with the current legislation, this conclusion may serve as a basis for the recognition by the interdepartmental commission of the residential premises occupied by a disabled person as unsuitable for the residence of citizens and their family members.
According to the applicant, all the necessary documents for consideration of the issue of recognition of residential premises unfit for habitation were collected by her and provided to the local government. From the information provided to our address by the local self-government body, it was seen that the application of the author of the appeal and the necessary documents for considering the issue of recognizing the applicant’s residential premises as unsuitable for a disabled person were sent to the interdepartmental commission at the end of May 2022, but no decision was made based on the results of consideration of the application of the author of the appeal.
Taking into account circumstances, the Authorized Representatives sent recommendations to the chairman of the city interdepartmental commission on the inadmissibility of violating the deadlines for considering citizens’ applications for recognition of residential premises unfit for habitation.
Based on results of our recommendations, the application of the author of the appeal was considered, a decision was made to recognize the residential premises in which the specified family lives as unsuitable for the disabled person and his family members.
In turn, the fact of recognition of residential premises unsuitable for living in accordance with paragraph 1 of part 2 of Article 57 of the Housing Code of the Russian Federation serves as a basis for providing a citizen in need of residential premises and registered, residential premises under a social lease agreement out of turn.