The Supreme Court has protected the rights of children to housing lost by their parents. A minor does not lose the right to use housing even if his parents have been deprived of this right by a court decision. This was the conclusion reached by the judicial panel for civil cases of the Supreme Court after studying a dispute between residents of St. Petersburg.
ELENA GLADYSHEVA, ADVOCATE, MANAGING PARTNER OF RI-CONSULTING, on what the consequences of this decision are.
"This ruling of the Supreme Court of the Russian Federation may become a landmark, but not the only one, on the issue of minors' right to use municipal housing (under a social rent agreement), even if their parents have been evicted from the housing in question.
The judicial practice on this issue is currently ambiguous and mainly depends on an assessment of the specific circumstances of the case, such as whether it is possible or impossible to use the living premises, the reasons for the change of residence, and the validity of non-residence in the disputed premises (conflictual relations in the family, obstacles he is facing, family dissolution, other circumstances that objectively prevent permanent residence in the living premises, such as minor age, occupancy of the premises with a violated tenant, etc.).
The practice of Moscow courts in general corresponds to the approach outlined in the commented definition of the Supreme Court of the Russian Federation (for example, the definition of the Moscow City Court dd. 28.10.2020 in case № 33-413153/2020), because similar court disputes repeatedly become the subject of consideration by courts and always depend on the court's assessment of the specific circumstances of the case," Elena commented.
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