Is there corruption in the State Property Housing Property of the Moscow region?

Legislation

The work of state housing inspectors is regulated by:

1. Housing Code No. 188-FZ of December 29, 2004, establishing general requirements for the work of residential housing.
2. Regulation “On State Housing Supervision” No. 493 dated June 11, 2013 names the responsibilities and powers of the supervisory agency.

The regulatory authorities and their capabilities are listed in:

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1. Code of Administrative Procedure No. 21-FZ of 03/08/2015, which describes the procedure for applying for judicial protection.
2. Law “On the Prosecutor's Office” No. 2202-1 of January 17, 1992. It contains the grounds for inspections and the rights of prosecutors.

Where to complain about the housing inspection in 2018?

Based on practice, we can safely say that the most effective method of influencing the housing inspection is to file a complaint with the prosecutor’s office:

• Address of the Moscow City Prosecutor's Office: 115184, Moscow, st. Novokuznetskaya, 27
• Telephone:+7, 951-37-46
• Official website: genproc.gov.ru

Go to the website genproc.gov.ru to leave an electronic complaint>>>

In accordance with the provisions of Art. 22 of the Federal Law of January 17, 1992 N 2202-1 “On the Prosecutor’s Office of the Russian Federation”, when performing the functions assigned to him, the prosecutor has the right:

• Freely enter the territory and premises of organs ;
• Demand access to their documents and materials ,
• Verify compliance with laws in connection with received information about violations of the law;
• Call officials and citizens for explanations regarding violations of laws .

If the prosecutor's office finds violations, the prosecutor or his deputy can protest legal acts that contradict the law, or go to court with a demand to declare such acts invalid.

Responsibilities of the housing inspection

GZHI are organized to supervise the activities of companies in the housing and communal services sector. Their responsibilities include monitoring:

• proper use of residential buildings and the area around them;
• serviceability of equipment, water supply systems, sewerage systems, electricity supply, elevators;
• quality and timeliness of repairs;
• reliability of calculations of the amount of water, gas, light per person;
• maintaining the sanitary condition of residential buildings, timely preparation for the change of seasons;
• taking into account the consumption of water, gas, light, heat;
• continuity of provision of services by utilities to consumers;
• compliance with the requirements of the law to recognize houses as safe for living or unsafe, relocation of residents;
• refurbishment of apartments for shops and offices;
• concluding contracts for building management;
• installation of communal resource consumption meters;
• licensing of management companies.

Supervision extends to general issues and is aimed at ensuring the safety of people.

Important : Residential property owners deal with problems related to the common property of apartment buildings.

What is not the responsibility of the State Housing Inspectorate?

The housing inspection does not solve problems related to the personal use of apartments or compliance with individual agreements between the management company and the resident. Complaints from private property owners are not considered.

Problems with payment of utilities, provision of installment plans or benefits are not within their jurisdiction.

GZHI do not deal with damage to apartment equipment that does not belong to the common building. The owners of the premises are responsible for the serviceability of gas and electric stoves, meters, and batteries.

Powers and functions of the Housing Inspectorate

The State Housing Inspectorate has many powers. The main ones are :

1. Monitoring compliance with all regulations and other acts that relate to the housing stock.
2. Control over the use of targeted funds allocated by the budget for improving the housing stock.
3. Checking utility networks, equipment and other things.
4. Evaluation of the performance of management companies.
5. Checking the quality of services provided to citizens, in particular, timely cleaning of local areas, entrances and other things.
6. Protecting the interests of citizens.

Note: The Housing Inspectorate also has the authority to take any measures aimed at preserving housing stock.

The main functions of the GZHI are:

• organizing control over the operation of the housing stock;
• inspection of management companies;
• assessment of repairs carried out in houses;
• safety of housing stock;
• assessment of the exploitation of local areas;
• unannounced and scheduled inspections of housing stock;
• drawing up reports regarding emergency or dilapidated houses, as well as transferring this information to higher authorities;
• consideration of questions and complaints from the public.

Let's celebrate! Housing inspectors also make proposals regarding ways to modernize, improve or ennoble the housing stock of a particular city.

Who controls GZHI

The system of supervisory departments is designed in such a way that subordinates are subordinate to superiors. City housing estates are controlled by regional ones. Their work is organized by the chief housing inspector.

The legislator obliged local authorities to create territorial public housing estates. They report to administrations or deputy heads of regions.

By establishing subordination, the state seeks to eliminate cases of violation of the rights of citizens.

General control over the quality and timeliness of the performance of duties by housing inspectors is carried out by the prosecutor's office. It initiates inspections of the latter’s activities, issues orders to eliminate violations, and punishes in case of non-compliance.

Public control is provided. Having discovered violations, people can report them to government authorities, preventing negative consequences.

From time to time, the court can resolve the dispute between residents and inspectors. Its acts are binding on all participants in the process.

Important : people can monitor the work of the State Housing Inspectorate by reporting shortcomings, errors, and inaction to other supervisory departments.

How to file a complaint

In order to file a complaint, you must adhere to the following algorithm:

1. Collect evidence of violation.
2. Make a statement.
3. Send your complaint by registered mail with notification.
4. Wait for a response from representatives of the organization about the actions taken to eliminate violations.

You can use online services to contact departments.

Through State Services

It will not be possible to submit an application through State Services. But a confirmed account on the portal is necessary in order to write a complaint on the websites of the prosecutor’s office, Rospotrebnadzor and other departments.

On State Services you can find links to online resources of organizations that are considering the problem.

In what cases can you complain?

Government organizations can fail to act in different ways. These include cases:

• if the person was not informed about the results of consideration of his appeal;
• the information on which the answer is based is incorrect;
• the check has not been completed completely;
• dilapidated housing is not recognized as unsafe and dangerous for living;
• the supervisory agency refuses to accept or register citizens’ appeals;
• situations where responsibilities are not fulfilled and the rights of residents are violated.

Can they refuse to accept

The legislator established that citizens' appeals must be registered.
The bodies that control the work of residential housing cannot refuse to accept complaints. Applications remain without consideration in the following cases:

• incorrect drafting;
• inability to read or understand meaning;
• use of rude, unliterary expressions in the text;
• requirements to report information classified as secret;
• addressed to other authorities;
• repeating the questions asked.

Important : government agencies cannot refuse to accept applications from citizens. They are registered and studied without fail. After a specified period, a decision is made to begin the inspection, refuse to review, and return the document to the applicant.

How to correctly write and submit a complaint about inaction

There are general rules by which complaints are written against the actions of government bodies and employees:

1. First you need to indicate the body to which the appeal is sent, then information about yourself - personal data, address, telephone, email.
2. Describe the essence of the violation, attempts made to resolve the dispute in lower authorities, and the responses received.
3. List your requirements.
4. Attach evidence.

Attached documents

The list of documents supporting the applicant’s arguments depends on the issue that will be considered. For example:

• claims and responses to them from management companies, housing estates;
• photographs of buildings, courtyards, cracks in walls, destruction of foundations,
• receipts for utility bills, checks;
• home maintenance contracts;
• expert reports.

The legislator provides for the sequence of departments studying citizens' appeals: from lower to higher. This order cannot be changed. Each new complaint must be accompanied by documents confirming the violation and responses from other authorities.

Important : when writing a complaint, you should not express your opinion overly emotionally. The text must be clear and readable.

To the prosecutor's office

Appeals to the prosecutor's office are not much different from others. In order for employees to begin an inspection, you must write a complaint. It is addressed to the prosecutor of the district in which the inspectorate is located, whose actions are being disputed. Information about the applicant must be provided. The text describes the current situation and a request to take action against the offender.

You can complain in person. Prosecutor's offices provide for days for the reception of citizens by the prosecutor, his deputies and assistants. Each of them can accept it.

The appeal can be sent by mail. In this case, you must pay for delivery notice. It is possible to submit information online. To do this, you need to find the official website of the prosecutor's office, write an application according to the proposed sample and attach scanned documents to it.

It is allowed to simultaneously complain about the State Housing Property to different departments.

For the court

Complaints against the actions of officials and organizations are considered administratively. To do this, you need to draw up a statement of claim. It must indicate:

1. Name of the court.
2. Information about the plaintiff - his last name, first name, patronymic, date of birth, address; information about the higher legal education of his representative.
3. Information about the defendant - his name, registration address and location.
4. Description of the dispute, request to punish the culprit, oblige repairs, recognize the building as unsafe, and others.

The complaint will not be considered if the pre-trial procedure for resolving the conflict is not followed.

The court cannot refuse to accept the application, but has the right to leave it without consideration if it finds shortcomings.

Complaints are considered at the place of residence of the plaintiff or the address of the defendant. If the issue is referred to the jurisdiction of another judicial authority or court, the document will be returned to the plaintiff with an explanation of the right to appeal to another body.

Since 2021, it has been possible to submit claims to the courts via the Internet. To do this, you need to be registered on the State Services portal, go to the court’s website and find the electronic appeal form. Access to it will open after entering the password from the site providing government services. In this case, the quality of document copies will be of paramount importance.

Decisions of the OSS are sent to the State Housing Authority and challenged in court

The procedure for holding a general meeting of owners of premises in an apartment building is set out in Art. 45 Housing Code of the Russian Federation. The result of the OSS is a protocol with mandatory annexes, the list of which is given in clause 19 of the order of the Ministry of Construction of the Russian Federation dated December 25, 2015 No. 937/pr. The initiator sends the original documents for storage to the body of the State Housing Inspectorate of the constituent entity of the Russian Federation (Part 1.1 of Article 46 of the Housing Code of the Russian Federation).

The GZHN body checks the authenticity of the documents included in the kit and the legality of the adoption of relevant decisions by the OSS (Clause 2, Part 5, Article 20 of the Housing Code of the Russian Federation). First of all, this concerns the issues of choosing a management organization, changing one management organization to another in order to conclude a management agreement or create a TSN.

If at the general meeting the owners chose a management organization to conclude a management agreement with it or changed the management authority, then the State Housing Authority body checks the package of documents in accordance with paragraphs. 2–7 of the order of the Ministry of Construction of the Russian Federation dated December 25, 2015, order No. 938/pr.

At the same time, in order to challenge the decision made at the OSS, the owners of premises in the apartment building or the State Housing Supervision Authority must file a claim in court (Part 6, Article 46, Clause 1, Part 6, Article 20 of the Housing Code of the Russian Federation).

Collective statement

An appeal against the inactions of the housing inspectorate is possible by several people at the same time. In this case, one general document is drawn up, which is signed by all residents whose rights have been violated. The only difference is the listing of all victims. Collective appeals are considered more effective.

The prosecutor can file a claim in court to protect the rights of several people at the same time. If the victims themselves go to court, the claim lists information about each of them.

What are the review deadlines?

Higher authorities consider complaints within a month. If it was not possible to eliminate the violation during this time, the applicant is sent information about this indicating the planned activities and the timing of their implementation.

Prosecutor's office employees work with citizens' appeals for 30 days, after which they inform them about the results of the inspection. If the deadline falls on a weekend or holiday, it is postponed to the next business day.

The period for consideration of applications is reduced to 15 days if:

• the received application does not require additional verification;
• if representatives of the corps of human rights commissioners make an application or complaint;
• if you need to give a response to a parliamentary or deputy request.

The courts consider complaints until all circumstances are clarified. Applications are registered 3 days in advance. The first meeting is scheduled as the case is being prepared for the hearing Art. 134 CAS RF.

Important : the system of penalties for government agencies and employees is designed to improve the quality of their work.