Limits of realization of the right to short-term rental of an apartment

Abstract

Comment to the Resolution of the Constitutional Court of the Russian Federation dated March 23, 2023 № 9-P “On the case of checking the constitutionality of Part 3 of Article 17 of the Housing Code of the Russian Federation in connection with the complaint of citizen P.E. Bakhirev”. In this commentary analyses the problem of the application of article 17, part 3, of the Housing Code of the Russian Federation to limit the rights of the owner to provide housing under a short-term contract. In order to maintain the balance of interests of all owners of premises in an apartment building, the author proposes to apply the prima facie standard of proof, which will equalize the ability of the parties to prove the conduct of the defendant’s activities, hotel-like. In such a situation, it would be sufficient for the claimant to shift the burden of proof to provide the court with information on the placement of the relevant advertising information on the Internet and one of the evidence of the owner’s actual conduct of such activities.