How to avoid paying for housing and communal services by complying with the law?

Due to the constant rise in prices for housing and communal services, Russians are forced to spend from 10% to 70% of their budget to pay for them. But some categories of citizens have the right not to pay for utilities or to reduce housing and utility costs by three times.

Who can avoid paying for utilities?

The state provides certain segments of the population with the opportunity to pay less for housing and communal services. Beneficiaries include:

• WWII participants;
• disabled people of groups 1 and 2, including families with a disabled child;
• heroes of labor;
• combat veterans;
• liquidators of accidents at the Chernobyl nuclear power plant;
• large families.

The government allows residents who fall under one of the specified categories to partially or completely avoid paying housing and communal services for an apartment or house for one or more types of housing and communal services.

The discount on payment for housing and communal services is provided in a fixed amount. In 90% of regions, beneficiaries are completely exempt from paying for gas and partially, in the amount of 50%, for electricity .

Pensioners under the age of 70 are not a category of citizens who are entitled to a discount. The exception is when their family is recognized as low-income, the owner turns 70, or falls under one of the categories of beneficiaries. Without the right to benefits, those who have retired must pay housing and communal services in full.

After 70 years, pensioners are given a discount for using public utilities in the amount of 30 to 40% . But to receive it, citizens are required to contact the management company at their place of registration. After reviewing the documents presented by the resident confirming the fact of residence at the place of registration, good faith payment for utilities and a certificate indicating age, the Criminal Code makes a decision on assigning a benefit.

If retired residents refuse to pay for housing and communal services, the management company has the right to make financial claims against the owner, up to and including disconnecting utilities.

In what cases can citizens, by law, not pay their bills?

Taxes and housing and communal services are among the mandatory expenses of all Russian citizens. But in exceptional cases, residents can legally refuse to pay for utilities completely or reduce their cost by 2-3 times.

1. Inadequate fulfillment by the management company of its obligations regarding the quality of provision of utility services is a reason to refuse to pay by meters or reduce costs to a minimum.
   According to the law, the management company has the right to suspend the supply of gas, water, heating and electricity no more than twice a month, notifying residents in advance.
   For example, the heating supply cannot be interrupted for more than 16 hours in a row, and the total service outage per month should not exceed 24 hours. At the same time, the company is obliged to notify the residents of the house about the planned shutdown of utility services at least 2 hours in advance, and the temperature in the apartment during the entire period of heating shutdown cannot drop below 10 degrees. If at least one of the conditions is not met, residents can apply to the management company for reimbursement of part of their utility costs.
2. There is no need to pay housing and communal services for a period of prolonged absence of residents in an apartment or private house .
   The condition is relevant if the owner does not live in the house for at least 5 days. In order for the organization to provide a discount and recalculate the next month, the tenant must prove the fact of a long absence.
   It is possible to demand reimbursement of payment for one or several housing and communal services at the same time by contacting each of the companies with a package of documents. Having examined the owner’s documents, the management company decides whether residents will pay for housing and communal services in a new way in the next billing period or not. The payer can apply for a discount only for himself or demand a reduction in the rate for all residents in the apartment, including for children.
3. In case of double enrollment at tariffs without actual debt, residents have the right to refuse payment .
   Example - in the city of Aprelevka, Moscow Region, residents of Gorky, Ostrovsky and Tsvetochnaya Alley streets wrote an application to change the management company.
   DEZ MO No. 1 LLC was supposed to take over the responsibilities of the service provider in April 2016. But no agreement was reached on terminating the contract with the organization previously operating on the territory, the Homeowners Association “ZhK Aprelevsky”, so the residents received double receipts for payment of housing and communal services. After appealing to higher authorities, the Supreme Court allowed the owners to pay only the new management company.
4. If there are errors in payment receipts .
   If the owner receives a document that contains an incorrect address, owner information or personal account number, he independently decides whether it is possible not to pay for housing and communal services in this case. However, after transferring funds, the management company may require re-payment of the receipt if the payment was made using other details or to the personal account of another subscriber, citing the actual lack of payment.
   To avoid misunderstandings and the need to repeat payments, it is better not to pay money for housing and communal services in the presence of such errors, and contact the Criminal Code for clarification immediately after receiving the erroneously drawn up document.

What utility services can citizens of the Russian Federation legally not pay for?

If there is no need for utilities or violations on the part of the management company, the owners may not pay for housing and communal services according to the law. But the condition is relevant only for the following types of housing and communal services:

• electricity;
• heating;
• cold and hot water.

Everything that relates to services for general house needs (GDN), for example, payment for an antenna, elevator, garbage removal, must be paid monthly and without delay.

How to refuse payment for housing and communal services?

The decision on whether to pay for housing and communal services in the event of a temporary departure or violations on the part of the management company is made by the owner of the property himself. If the payer decides to save on utility costs, he needs to notify the management company about this.

You can leave a message in several ways:

• By calling the company phone number. This option is not always effective, since utility telephone lines are often busy, and it is almost impossible to reach operators.
• Come to the management office. A written appeal, compiled under the guidance of an employee of the organization, is the most effective way to express your intentions.
• Leave a request on the GIS Housing and Communal Services website - a centralized state resource that combines the functions of an information portal and a service to help residents regarding the provision of housing and communal services.

Before leaving a request, the owner must present the conditions for reducing the housing and communal services tariff. If he does not want to pay for housing and communal services due to a long absence, he is required to:

1. Prepare documents confirming the fact of absence. These could be plane tickets, a check for a hotel reservation, or a trip to a sanatorium.
2. Record current meter readings. In order for service providers to discount the time of departure, the payer must prove that no one in the apartment will use the services during the absence.
3. Present receipts confirming the absence of debt for the last six months. If the owner does not pay for housing and communal services, debts for housing and communal services will not allow him to receive a discount.
4. Write an application asking to reimburse part of the funds for utilities for the period of residence in another place.

In case of violations by the Criminal Code, the owner, before paying for housing and communal services (how to pay and in what amount will be determined by the organization after considering the appeal, or the court), must draw up an appeal and indicate the fact of the violation. As evidence, it is necessary to provide damage caused or possible due to the consequences of poor quality maintenance of the house.

What happens if you don’t pay your utility bills?

The presence of a proven fact of violation on the part of the management company will not raise questions about why the owner does not pay housing and communal services in a specific period. But if the company properly fulfills its obligations and there are no reasons giving the resident the right to receive benefits for utilities, refusal to pay bills can lead to negative consequences:

1. Fines and penalties . If residents refuse to pay for services for more than 2 months without reason, the management company will not find out why they do not pay for housing and communal services, and will charge penalties for the next period.
2. Disabling the service . By law, utility companies can deprive defaulters of the opportunity to use housing and communal services if payment is delayed for 2 months or more.
3. Seizure of accounts and property . When debts exceed several tens of thousands of rubles, housing and communal services employees take the owner’s case to court. By decision of the authorized body, bank accounts, property and other property may be seized.

Cases where residents were evicted from their home for utility debts are not uncommon. When arrest is not enough to pay off debts, the court makes a decision to transfer the debtor's property to a management company.