ON SOME ISSUES OF PROTECTION OF CITIZENS’ HOUSING RIGHTS IN CASE OF RECOGNITION OF AN APARTMENT BUILDING AS EMERGENCY AND RESIDENTIAL PREMISES IN IT UNSUITABLE FOR HABITATION

Housing legislation, in case of recognition of a dwelling as unsuitable for habitation, grants citizens the right to receive comfortable housing in ownership or on the basis of a social rental agreement, depending on which right owned the occupied dwelling, which was recognized as unsuitable for habitation. However, in law enforcement practice, controversial issues arise regarding the definition of the criterion of equivalence of the provided comfortable housing, as well as issues related to the balance of interests of owners and tenants in the case of an extraordinary procedure for obtaining housing under a social lease agreement. Today, a significant problem is that the legislation does not provide for a legal mechanism for influencing citizens who declare a refusal to conclude a new social employment contract in conditions of recognition of the house as an emergency, which raises the controversial issue of the possibility of their eviction and the conclusion of such a contract by force. This article presents an analysis of legislation and judicial practice on the issue of ensuring the protection of citizens’ rights when their residential premises are declared uninhabitable.