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Article 1 (Purpose) |
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The purpose of this Act is to contribute to the improvement of the quality of lives of tenants in long-term public rental houses by providing support for matters necessary for the improvement of the living environment of the tenants and the betterment of welfare for dwelling of the tenants through the improvement of facilities in the long-term public rental houses.
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Article 2 (Definitions) |
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The definitions of terms used in this Act shall be as follows:
1. |
The term "long-term public rental houses" means any of the following houses: |
(a) |
Rental houses built or purchased with financial support from the State or a local government or from the National Housing Fund under Article 60 of the Housing Act (hereinafter referred to as the "National Housing Fund") for the purpose of renting them for 30 years or longer; |
(b) |
Rental houses built with financial support from the State or a local government or from the National Housing Fund for the purpose of renting them for 50 years or longer; |
2. |
The term "tenant in a long-term public rental house" means a person who resides in a long-term public rental house; |
3. |
The term "project owner" means the State, a local government, the Korea National Housing Corporation under the Korea National Housing Corporation Act (hereinafter referred to as the "Korea National Housing Corporation"), or a local government-invested public corporation established to implement housing projects pursuant to Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local government- invested public corporation"); |
4. |
The term "welfare service facilities" means ancillary facilities and welfare facilities under Article 2 of the Housing Act and facilities for production activities, which shall be established to improve social and economic conditions of tenants in long-term public rental houses (hereinafter referred to as "tenants"), and matters necessary for the types and sizes of welfare service facilities and the establishment of such facilities and other relevant matters shall be prescribed by Presidential Decree. |
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Article 3 (Support from State and Local Governments) |
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The State and each local government shall provide the following supports to improve the quality of lives of tenants:
1. |
The development of programs to boost communities of tenants and the financial support therefor; |
2. |
Subsidization for the installation and maintenance of conveniences, such as elevators for the elderly, the weak, and the disabled; |
3. |
Subsidization for the maintenance and repairing works of old facilities and for the improvement of functions of such facilities; |
4. |
Other projects specified by Presidential Decree as necessary for the improvement of housing welfare for tenants. |
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Article 4 (Participation of Tenants) |
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Each project owner shall establish a plan for vitalizing tenants' communities to improve the quality of their lives, encourage tenants to participate in the plan, and cooperate with tenants.
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Article 5 (State Subsidization of Rent) |
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Where a project owner charges tenants for rent at differential rates, depending upon their income level in accordance with Article 20 (3) of the Rental Housing Act, the State may grant the project owner, as a subsidy within budget limits, a difference between the total amount of rent calculated by applying standard terms and conditions of rental and the total amount of rent charged to tenants at differential rates, as prescribed by Presidential Decree.
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Article 6 (Application for Relocation of Long-Term Public Rental Houses) |
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Any tenant may file an application for relocating to another long-term public rental house on any of the following grounds, and a project owner upon receipt of such application may allocate a house in the order of application:
1. |
Where a long-term public rental house in which the tenant resides is to be remodelled; |
2. |
Where a tenant is required to evacuate, due to a natural disaster or any other calamity, from a long-term public rental house in which he/she resides; |
3. |
Where any other cause not attributable to the tenant and specified by Presidential Decree occurs. |
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Article 8 (Remodelling of Long-Term Public Rental Houses) |
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(1) |
Any project owner may remodel (referring to "remodel" under Article 2 of the Housing Act) long-term public rental houses and welfare service facilities therefor, if necessary to prevent buildings from deteriorating or to improve functions of deteriorated buildings. |
(2) |
Where a project owner remodels long-term public rental houses and welfare service facilities pursuant to paragraph (1), the State shall provide the project owner with subsidies for the cost and expenses therefor. |
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Article 9 (Reconstruction of Long-Term Public Rental Houses) |
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(2) |
The number of long-term public rental houses reconstructed pursuant to paragraph (1) shall exceed the number of pre-existing long-term public rental houses. |
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Article 10 (Relaxed Application of Building-to-Land Ratio, etc.) |
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(2) |
Any project owner who remodels long-term public rental houses pursuant to Article 8 or reconstructs such houses pursuant to Article 9 by using the building-to-land ratio, floor area ratio, and height relaxed under paragraph (1) shall take into consideration environmental factors in surroundings, such as wind pathways. |
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Article 10-2 (Extension of Long-Term Public Rental Housing Complex) |
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(1) |
Notwithstanding the provisions of Articles 38 and 42 (2) of the Housing Act, a project owner may construct and supply the rental houses under subparagraph 1 (a) of Article 2 of the Special Act on the Construction of Bogeumjari Housing, etc. by extending a separate building or buildings in a long-term public rental housing complex, as prescribed by Presidential Decree. |
(2) |
Notwithstanding the provisions of Article 35 of the Special Act onthe Construction of Bogeumjari Housing, etc., a project owner who intends to construct and supply the rental houses pursuant to paragraph (1)shall prepare a project plan for extension (including plans for installation of ancillary facilities and welfare facilities; hereafter referred to in this Article as "project plan") as prescribed by Presidential Decree, and obtain approval therefor from the Minister of Land, Transport and Maritime Affairs or the head of the relevant local government (hereafter referred to in this Article as "approving authority"), and the same shall apply where it intends to change the project plan. In such cases, the building to be extended and the site of the complex thereof may be approved by applying the relaxed standards for construction under the Building Act or those for construction of housing units under the Special Act on the Construction of Bogeumjari Housing, etc., as prescribed by Presidential Decree. |
(3) |
A project owner who has received approvalof a project plan shall be deemed to have received the following permission, reporting, determination, or designation, and while a public announcement of approval of a project plan shall be deemed a public announcement or publication thereof under the following relevant Acts: <Amended by Act No. 10599, Apr. 14, 2011> |
(4) |
Where an approving authority intends to approve a project plan under paragraph (2) including the matters referred to in paragraph (3), it shall consult with the head of the relevant administrative agency in advance. In such cases, the head of the relevant administrative agency shall submit his/her opinion within 30 days from the date of receipt of the request for consultation, and he/she shall be deemed to have no opinion if no opinion is submitted. |
(5) |
Unless otherwise prescribed by this Act, the Special Act on the Construction of Bogeumjari Housing, etc. shall apply to the construction of houses under paragraph (1). |
(6) |
Where rental houses are constructed and supplied under paragraph (1), the project owner may support the existing tenants with such matters as preferential allocation of relevant houses for their residential stability, as prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10262, Apr. 15, 2010]
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Article 11 (Relations to other Acts) |
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The construction, supply, and management of long-term public rental houses shall be governed by the Housing Act, the Rental Housing Act, and the Special Act on the Construction of Bogeumjari Housing, etc.
, except as otherwise provided for in this Act.
ADDENDUM
This Act shall enter into force on January 1, 2010.
ADDENDUM <Act No. 10262, Apr. 15, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted)
Articles 2 through 9 Omitted.