Types of living quarters - Commentary on the Housing Code of the US Federation

Article 16. Types of accommodation

1. The living quarters are:

1) residential building, part of the residential building;

2) apartment, part of the apartment;

3) The room.

2. An apartment building is an individually defined building that consists of rooms, as well as auxiliary premises intended for citizens to meet domestic and other needs related to their residence in such a building.

3. An apartment is a structurally detached space in an apartment building that provides the possibility of direct access to public premises in such a house and consisting of one or several rooms and auxiliary premises intended for citizens to meet domestic and other needs related to their residence in such a detached room.

4. A room is a part of an apartment house or apartment intended for use as a place of immediate residence of citizens in a residential building or apartment.

1. From Art. 15 LC of the USA it follows that the only object of housing rights (housing legal relations) is a dwelling. This provision (that there are no other objects in housing relations) is at least questionable, since, by fixing this provision, the legislator removes other objects from the sphere of regulation of housing legislation. For example, in Art. 22 - 24 The US LC refers to non-residential premises and the conditions and order of their transfer to living quarters.

2. In part 1 of the commented article several types of residential premises are indicated, only it is unclear how many of these species (three or five). Other parts of the article are not clear. In particular, rooms are allocated to a separate type of living quarters (point 3 of part 1). At the same time, rooms are recognized as part of an apartment house or apartment (part 4).

3. Let us turn to the Housing and Public Utilities of the RSFSR and the US Civil Code with regard to the regulation of this issue. Article 52 LC RSFSR it was found that the subject of the contract of employment can only be an isolated living quarters consisting of an apartment or one or several rooms. There can not be an independent subject of the contract of hiring a part of a room or a room connected with another room by a common entrance (adjoining rooms), utility rooms. In other words, in an apartment house the object of the contract of hiring could only be an isolated living quarters: a separate apartment or room (rooms). This provision found reinforcement and in paragraph 1 of Art. 673 of the US Civil Code, according to which the object of the contract of hiring a dwelling is an isolated living space suitable for permanent residence (apartment, apartment building, part of an apartment or apartment house).

In addition, in Art. 52 LC RSFSR stressed that independently (separately) under the contract of social hiring can not be used adjacent rooms (connected by a common entrance, ie uninsulated rooms), utility rooms (kitchens, corridors, bathrooms, etc.). Of course, it was not considered as a dwelling, which can be used under a contract of social hiring, part of the room. At the same time, it was allowed to rent out to citizens and part of the living quarters (article 76 of the LC of the RSFSR).

4. It should be concluded that the accommodation can be:

- residential house for individual use (for one family), i.e. in general, a house with a mandatory set of living rooms and other premises;

- a separate apartment in an apartment building, i.е. the whole apartment consisting of living rooms and utility rooms (places of auxiliary use);

- part of an apartment house, ie. not the whole house, but its part, which consists of one or several living rooms and, as a rule, auxiliary rooms (auxiliary rooms). Parts of an apartment building may be owned by one person or used by two or more persons (families) on the basis of an agreement;

- part of the apartment, ie. only a room (room) in a communal apartment.

These four types of living quarters, in particular, are mentioned in art. 62 US LC.

The housing stock consists of separate residential premises. For the housing stock and its types, see art. 19 and comments. to it.

5. See also the comment. to art. 15.

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