LawState and Law

Where and how are housing disputes resolved

Housing disputes are one of the complex and multifaceted branches of legal relationships. Most issues from the spheres of family legal relations and civil inheritance law directly or indirectly affect the normative acts of the legislation. Housing disputes relate to a special type of legal processes, where the interests of the plaintiff in the relevant field of law are affected. After reviewing the case and making a decision, the applicant is protected by the state for the period of use, possession and Disposition of construction objects. In judicial practice, such proceedings are collectively referred to as "civil cases".

Housing disputes. Kinds

  1. Recognition of lost rights to use the living space.
  2. Courting and eviction of citizens.
  3. Disagreements over the ownership, residence, use of residential real estate.
  4. Establishment of the rights in the judicial system if it is impossible to reach an agreement between citizens on the right to own.
  5. The process of privatization of living space.
  6. Hereditary disputes over the division of property.
  7. Municipal litigation.
  8. Challenging decisions of privatization commissions and other transactions conducted with real estate.

Resolving housing disputes in courts of different jurisdictions

Legal practice allows to consider such processes in courts of general jurisdiction, as well as arbitration and arbitration. With the existing powers of conducting such cases, the proceedings may be conducted by other bodies. The competence of courts of general jurisdiction includes the resolution of housing disputes:

  • Between citizens and housing cooperatives, if one of the parties violated the law;
  • On eviction - applies to persons who have arbitrarily occupied residential or non-residential premises for living, which are not legally owned by them;
  • Regarding the eviction of citizens from houses that are at risk of collapse, illegally built and by decision of the local government body to be demolished;
  • On the provision of a house on demand, based on civil obligations (this may be decrees on the demolition of the building, on overhauling, on the conversion of a dwelling into a non-residential facility);
  • If the competent authority refuses to do so, if an action has been brought against the released A separate living quarters, as well as in the case of issuing an order to him to another person.

But there are other categories of housing disputes that can only be considered in administrative order. This is the provision of living quarters for persons to improve their living conditions, as well as the replacement of occupied living space for another, but smaller, and other.

Arbitration courts have jurisdiction over housing disputes concerning investment and entrepreneurial activities. If the decision of the city authorities or officials is made with violations, such actions are subject to appeal in court. In the statement of claim, both collegial and individual actions of local self-government bodies, state bodies, enterprises, institutions and public organizations can be indicated.

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