Abstract
The article touches upon the issue of determining the need in housing as a legal fact that forms the basis of the legal relationship of renting residential premises of the state and municipal housing stock. Based on the analysis of judicial practice, the author comes to the conclusion that the need in housing is understood as a legal fact — a condition that includes two objectively existing criteria: the safety of living (habitability) and the presence/absence of residential premises in indefinite use. At the same time, the article defends the view that the housing need is elastic, since it can either accumulate or decrease over time.
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