29.09.2022

A family with three children from Akademgorodok is suing the mayor’s office

In Novosibirsk, a family with three children was moved from the emergency room to the same area. From the crumbling barrack, a family with three children literally left to nowhere: it was impossible to move to the option proposed by the mayor’s office

Residents of emergency housing have to constantly insist that their rights are respected. First, demand the recognition of houses in which the ceiling collapses as emergency. Then – relocation from housing, which every year becomes more and more dangerous. Finally, work to ensure that the new housing is fair. It was with this problem that the family in Akademgorodok faced: from a room with an area of ​​13 squares, Irina, her three children and her brother were offered to move to a room 2 more squares and to an area where the family would have to spend hours getting to work, school and kindergarten.

“Perestroika began, and everything was chopped off”

Akademgorodok is one of the most expensive districts of Novosibirsk. However, this mainly concerns the “academic” Upper Zone, and in the Lower, in the “Shch” microdistrict, there are still houses that were erected for the builders of that very prestigious part. It was built temporarily, but people still live there today.

Of the four damaged houses, one was resettled, another was resettled and already demolished. Two more must be resettled and demolished by the developer, but for the third year nothing happens

In one of these houses – in a wooden barrack on Okeanskaya Street, 6, Irina Shpak’s family received a room with an area of ​​13 sq. m in a two-room apartment. Then the barracks around were actively demolished and large multi-apartment new buildings were built, where residents of the demolished houses moved.

The room was given “for expansion”: the children in the family are of different sexes, according to the law, the family could count on new, more comfortable housing. Three-room apartments in the house where Irina’s parents, both employees of academic institutions, lived at that time, were inconvenient, recalls her mother Galina Vasilievna. It was assumed that when the turn comes to their house on Okeanskaya, the family will receive a spacious apartment in a new building.

“But perestroika began, and everything was cut off,” says Irina.

Residents of emergency houses are forced to attract attention to themselves by all means available to them.

She and her brother have been registered in the apartment since 1994 – the room was transferred to them after the death of their father. Resettlement had to wait another quarter of a century: in 2013, the house was recognized as emergency, but it, along with three other houses, was included in the development program for built-up areas only in 2018. Then the site with the emergency quarter, two houses on Okeanskaya and two more on Vyazemskaya, was sold at auction to the Izhevsk company Aurora, which is part of the Talan group. The company bypassed the monopolist of this territory at the auction – the company “Rosneftegazstroy” for many years rebuilt territories with barracks in the lower zone of Akademgorodok, providing apartments in their own houses or buying them other housing.

Irina Shpak works at an institute in Akademgorodok, her children study here – moving to a new area for her means literally starting life anew, and a woman cannot afford such a luxury

Irina Shpak was counting on the same development of events. But according to the terms of the agreement, half of the site was to be resettled by the mayor’s office. And the only option that the municipality could find for a family of five was a one-room apartment on Sergeant Korotaev Street in the Kirovsky District.

“Well, do you refuse?”

Irina says that they were offered an apartment last, when she had already moved from the dilapidated house: it became impossible to live in a crumbling barrack.

– There the wall began to move like a wheel, that is, the second floor began to press the first. When it was opened, they said that a support hung by a thread, – says Galina Vasilievna. – I took them from there, while by relatives.

Irina refused the apartment offered by the municipality. The first reason is location. The woman works in one of the institutes of the Akademgorodok, her children go to school and kindergarten also in Akademgorodok. She brings them up alone, but her mother, who lives nearby, on Ilyich Street, helps her. Even without traffic jams, it will take at least an hour and a half with transfers to get here from a new house.

Galina Vasilievna independently studies all similar cases in order to reasonably fight against the decisions of the mayor’s office and courts

– How can I send her there alone with the children? It is difficult to get a kindergarten in the city, and she will come, and places are allocated only in September. How will it be until September? – explains Galina Vasilievna. – Here she has a job, but in the city it is difficult, there is unemployment, who will give her a job there, what will she live on with her three children? My parents lived here from the foundation, I graduated from the university and worked here, they had children, grandchildren. Why do we need some kind of Kirovsky district, far from the family, from everything?

Another reason is unfair square. Together with a shared kitchen and a bathroom, Irina, her children and her brother had a little more than 20 sq. m of housing, of which 13 squares are a room. The new apartment is more spacious – 37.7 sq. m, indicated in the response of the mayor’s office to the request of the NGS. But of them the room is only 15 sq. m, say Irina and her mother.

The family moved out of the emergency house even before the official resettlement, because it became impossible to live in it.

– Everywhere they write that there is 13, and we give 37, they always substitute. There is room 13, here 15 – because of two meters we are kicked out of our place, – Galina Vasilievna is indignant. – The law is, what is given at the place of residence and according to the rate of provision. The provision rate in Novosibirsk is 15 sq. m of living space per person. There is a room of 15 meters for five. Can I put five beds there?

The mayor’s office noted that when providing new housing, they were guided by the Housing Code, which states that new housing should be equal in total area to the previous one, so there is no violation here.

In a few months, the house was ransacked, but the mold and collapsed ceilings are hardly the efforts of the marauders.

– If there is political will, then there are many mechanisms to solve the problem. If there is no political will and you just want to engage in chicanery, then you can find some kind of law or by-law and say that everything is according to the law, ” says Yuri Goldberg, a member of the Zaeltsov Bar Association and the Novosibirsk branch of the Union of Lawyers of Russia. – But the executive authority must act in the spirit of the law, and in the spirit of the law – to protect the legal rights and interests of the citizens of this city.

Nevertheless, two weeks after the proposal of an inappropriate option, Galina Vasilievna recalls, they received a call from the administration of the Soviet district with the question: “Well, are you refusing? We will then sue you. “

The family turned to various authorities and enlisted the support of the prosecutor’s office, but so far this has not helped.

The family was indeed evicted according to the court; she also lost the appeal – mainly because she did not receive notifications about the court sessions, either about the first or the second. But pensioner Galina Vasilyevna, while her daughter is at work, continues to achieve her goal: she filed a cassation appeal against the court’s decision, appealed to the prosecutor’s office, and decided to ask for help from the State Duma deputies. In her appeals, she refers to the decisions of the Supreme and Constitutional Court already made in other cases – Galina Vasilyevna had to find and study them on her own, because the family does not have the funds for legal support.

So far, there is no result, but, for example, the district prosecutor’s office reported that they sent a letter to the head of the Sovetsky district and the head of the department of construction and architecture of the mayor’s office asking for assistance in providing Irina Shpak and her family with housing on the territory of the Sovetsky district.

“They don’t want to spend money.”

Galina Vasilievna believes that housing in Akademgorodok is very expensive, and the municipality “does not want to spend money.”

– All the maneuverable housing has been attached here somewhere. But this is not our problem, this is the problem of the mayor’s office, – she immediately says.

Irina and her family have lived in an emergency house for more than 20 years

The Department of Energy and Housing and Communal Services admitted that in Novosibirsk there is a maneuverable fund in all districts, except for the Soviet one.

– It is not possible to provide the Shpak I.A. family with living quarters on the basis of a social tenancy agreement, located in the Soviet district of Novosibirsk, due to the lack of free one-room municipal apartments that meet the requirements of the Housing Code of the Russian Federation, – added in the housing department of the mayor’s office.

Yuri Goldberg, a member of the Zaeltsovskaya Collegium of Lawyers and the Novosibirsk branch of the Union of Lawyers of Russia, believes that the officials are wrong.

– If there is no maneuverable fund in this place, then the mayor’s office should purchase it – there are mechanisms for this, this is done on a competitive basis, on state purchases. This is a matter of political will. Excuses that everything is according to the law are just excuses, says the lawyer. – Another option: the family can in court demand monetary compensation for the self-purchase of the home to which it is entitled.

“We have been resettled since 2012”

Of the four houses on the territory that the mayor’s office sold at auction, one has already been demolished, another – the one in which the family of Irina Shpak lived, is abandoned: windows and doors were knocked out in it, everything that could be taken out of value was taken out of the apartments.

Two more houses remain on the territory, but when they will be resettled and, most importantly, where, the locals do not know

Two more houses are fully inhabited. Local residents do not know when they should be resettled and where they will move.

– Do you think someone is reporting to us? So, according to rumors, we know, – says Lyubov Aleksandrovna, a resident of the house on Vyazemskaya, 7. – A representative of the developer came in the spring: “Because of the covid, we are not settling you, but what would you like?” But they didn’t offer us anything. They promised to contact, but no one contacted.

She remembered that earlier, like the Shpak family, they lived in municipal housing, but when Rosneftegazstroy-Akademinvest (RNGS) settled the barracks, in the place of which the houses on Vyazemskaya, 3 and Okeanskaya, 4 now rise, she offered them to privatize them – they say, so it will be easier to resettle.

– We were told that new houses would be built, and we would not even have to order a car: we would take things and move them. We have privatized and are sitting. But everything turned out to be wrong. And I’m already tired of all these conversations, ”the woman sighed.

In the Sovetsky District, there are five more territories with dilapidated houses, but the mayor’s office does not have replacement housing here – only in the Kirovsky and Oktyabrsky Districts

In the Talan group, which “outbid” the rate of “RNGS-Siberia” by offering 55.5 million rubles for four emergency houses, in response to a request from the NGS, they asked to redirect it to another specialist. By the time of publication, no answer had been received about the fate of the site in Akademgorodok and on Topoleva Street, where the company acquired a plot with emergency houses at about the same time.

The problem of emergency housing in Novosibirsk is one of the most acute: entire microdistricts today are built up with such houses. On the website of the Department of Construction and Architecture, in the section of proposals for the development of built-up areas, there are 66 sites with an area of ​​95.95 hectares. The largest of them occupies 19.5 hectares, there are 92 houses on it on the streets of Burdenko, Gorban, Bebel, 2nd Burdenko, Betonnaya and in 1st Mira lane. In the Sovetsky District, there are only five territories with dilapidated houses that may be auctioned in the future.

At the same time, back in 2018, the total number of emergency houses in the city was estimated at one and a half thousand. But with the change in legislation at the end of last year, their resettlement was called into question.

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