Law on old-school subsidies for municipal housing companies, housing cooperatives and private landlords in the area referred to in Article 3 of the 'Einigungscontracges' (AltschuldenAssistance Act)

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AltSchG

Date of completion: 23.06.1993

Full quote:

" Altschuldenhilfe-Gesetz vom 23. Juni 1993 (BGBl. 944, 986), which was last amended by Article 2 of the Regulation of 31 December 2000. October 2006 (BGBl. 2407). "

Status:

Last amended by Art. 2 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 27.6.1993 + + +) 

  

The G was decided as Article 39 G 105-16 v. 23.6.1993 I 944 (FKPG) of the Bundestag with the consent of the Bundesrat. It's gem. Article 43 (1) of this Act entered into force on 27 June 1993.

Part one
General principles

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§ 1 Purpose of old-school aids

The housing undertakings and private landlords designated in this Act, in the area referred to in Article 3 of the Agreement, shall be responsible for the appropriate management of the housing stock, in particular for the improvement of the housing stock. Credit and investment capacity, on application of old debt assistance (§ § 4 and 7). At the same time, the conditions for privatization and education of individual residential properties for tenants will be improved. Unofficial table of contents

§ 2 Applicants

(1) Applicants are:

1.

Municipal housing companies with their own legal personality, on the land used for the purpose of housing and other housing assets, which are based on the agreement of the agreement and the laws enacted to implement it, on the municipalities have been transferred with the associated legacy liabilities within the meaning of § 3, or where their transfer may be expected to be safe;

2.

Municipalities, as long as or as long as a transfer of their residential properties and other housing assets to housing undertakings, in particular on account of the small scale of such assets, is not economically justifiable or a property is not yet legally possible in full or in part, in particular on account of outstanding asset allocation and property right-in-law;

3.

Housing cooperatives;

4.

private landlords of housing, who have the right to dispose of the apartment. For housing stocks owned by the Treuhandanstalt and its undertakings, and the successor companies of the former agricultural production cooperatives, including the flats already sold as from 1 July 1990 Old-school aids (§ § 4 and 7) are not granted.

The eligible persons must recognise the legacy liabilities vis-à-vis the lending bank in writing at the latest until the partial discharge is granted in accordance with § 4 or the interest-rate assistance according to § 7, and this must be a legally valid credit agreement completed. The eligible persons referred to in the first sentence of the first sentence of 1 to 3 shall be housing undertakings within the meaning of this Act. (2) Insofar as an applicant has taken advantage of benefits under this Act, a recovery of the school's recognition shall be commendable in accordance with exclude the provisions of the Civil Code on the issuance of unjustified enrichment. Unofficial table of contents

§ 3 Altliabilities

(1) Altliabilities are the obligations of the housing companies and private landlords, referred to in § 2 para. 1, of loans for flats, whose maximum permissible rent is based on § 11 (2) and (3) of the Miethöhegesetz (Miethöhegesetz) in the up to the 10th. The Commission shall, in accordance with the provisions of this Directive, give credit

1.

by 30 June 1990 on the basis of legislation of the German Democratic Republic for residential purposes in the framework of fully-owned and cooperative housing, and for the creation and maintenance or improvement of private housing in the the territory referred to in Article 3 of the agreement has been granted; or

2.

of housing companies to finance those before the 3. On 30 June 1990, rental housing projects started in the area referred to in Article 3 of the 'Einigungscontracges' (Einigungscontracges) after 30 June 1990.

The building loans granted by the financial institutions of the Länder in accordance with the provisions of the Second Housing Act shall also be considered as legacy liabilities in so far as these loans are used for the replacement of loans for the rental housing projects referred to in the first sentence of 1 (2) The old liabilities also include the interest and guarantee charges which had been disbursed to the housing companies up to 31 December 1993.

Part two
Partial discharge through debt acquisition

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§ 4 partial discharge

(1) At the request of the housing undertaking, as from 1 July 1995, the relief fund shall be liable for a part of the existing liabilities of the housing undertaking existing on 1 January 1994 with a liberating effect vis-à-vis the housing undertaking concerned. previous creditors. Where a number of creditors are present, the repayment fund shall first have the liabilities to creditors of the exposures referred to in Article 3 (1) (1) (2) and (2), taking into account the maximum amount referred to in the first sentence of paragraph 2. to take over. The partial relief shall consist of the legacy liabilities which, on 1 January 1994, amount to 150 Deutsche Mark, multiplied by the number of square metres of the total existing in the case of the housing undertaking as of 1 January 1993. Residential area. The floor area shall be based on the area for which the maximum permissible rent is based on Article 11 (2) and (3) of the Law on the Law of the Miethöhee (Miethöhegesetz) in the version valid until 10 June 1995. To the extent that § § 42 and 44 of the Second Calculation Ordinance have been used in the calculation of the rent in accordance with the First and Second Basic Leases Ordinance, the living space shall be determined in accordance with these provisions. No account shall be taken of the residential area of dwellings which, after 1 January 1993, have been sold to their tenants or to private investors and whose associated legacy liabilities have been paid prior to 1 January 1994. Old liabilities of the housing company shall be taken into account insofar as they relate to the living area referred to in sentences 4 and 5. (2) For old liabilities pursuant to § 3 (1) sentence 1 no. 2 and second sentence 2 may be used in the determination of the Partial relief shall be taken into account at most 1,000 Deutsche Mark credit exposure per square metre of floor space in the calculation referred to in paragraph 1. If the applicant is burdened by the residual obligations which exceed the amount of the charge in a manner which endangers the economic existence of the undertaking, a higher amount of deloadable amount may be fixed. (3) If parts of the housing enterprise or parts of the living space have been broken down from 1 January 1993, the partial relief calculated for 1 January 1994 for the enterprise (old enterprise) existing on 1 January 1993 shall be reduced in the ratio of the living space left by the company to the total living area 1 January 1993. In the case of housing undertakings established as from 1 January 1993 on the basis of breakdowns from a company (old undertakings) existing on 1 January 1993, the part of the part of the housing undertaking which is situated on the basis of the Residential area on 1 January 1994 for the total enterprise calculated partial relief by the ratio of the residential area to the living area of the old enterprise on 1 January 1993. (4) Living areas of flats according to the property law shall be returned or transferred in the case of the determination of the post-marketing 1 shall not be taken into account. To the extent or as long as the application for the asset law has not been passed, the residential area under the asset law shall be taken into consideration as far as the residential buildings have been constructed after 1 January 1949; the Notification of partial discharge shall be granted subject to the decision of the decision of the third sentence. If, by 31 December 1999, a final decision has been taken on applications under the Assets Act, a supplementary decision on the partial discharge shall be made on the basis of the area to be taken into account in accordance with paragraph 1; Decisions in accordance with the law on property, which will become final after that date, will have no effect on the partial discharge. In the case of a partial relief granted in accordance with the second sentence of the second sentence, the amount of the difference, including the repayment fund, shall be reimbursed to the latter, and in the case of a partial relief paid in accordance with the second sentence; in the case of a partial relief under sentence 2 to the The decision under sentence 3 of a partial relief granted is also to be taken over by the increased partial relief amount from the relief fund, and the interest paid by the housing company for the difference shall be that of the total amount of the partial relief. To reimburse the recharge fund. The determination referred to in the third sentence shall take place on its own account or at the request of the company if it has been passed on all applications in accordance with the assets act. By way of derogation from the fifth sentence, after the end of each calendar year, a supplementary partial relief decision may be taken in the appropriate application of the sentences 3 and 4. (5) The partial relief shall be granted to housing undertakings if, in addition to the conditions of the § § 2 and 3 as well as paragraphs 1 to 3 the following further requirements are fulfilled:

1.

The housing undertaking must commit itself to the sale of housing and disposal of divestment redeeming in accordance with § 5;

2.

the housing undertaking must, in accordance with its legal and economic circumstances, be capable and capable of carrying out its business properly; in particular, its concept of business must be subject to rapid privatization, modernisation and provide for the repair of its housing stock;

3.

the housing undertaking must submit to such an examination, provided that it is not already subject to the law of an annual examination of its business activities and its economic conditions.

In order to comply with the obligations set out in the first sentence, the housing company has submitted its application for partial discharge, in particular the final annual accounts, including the audit report, an investment plan, a financial preview, and a financial statement. The privatization and business concept, which shows the intended privatisation, modernisation and repair measures. The right to apply in accordance with § 2 (1) sentence 1 no. 2 shall be justified. (6) If the housing company is entitled to a compensation claim in accordance with § § 24, 26 (3) of the D-market balance law, the partial relief amount shall be subject to the compensation claim. to be counted. Section 36 (4), second sentence, of the D-market balance law is not applicable to this extent. (7) The housing company has to report annually on the state of its investment program and the results of the privatization. Where the report reveals a significant deviation from the investment plan or the concept of privatisation, the decision to grant partial relief may be repealed in whole or in part and the corresponding refund of the partial relief shall be withdrawn. the amount of the partial relief, including the interest paid by the reproach fund, shall be placed on the same, unless the housing undertaking is not responsible for this. The liberating effect of the debt acquisition by the rebelling fund in accordance with § 4 (1) sentence 1 shall remain unaffected even upon cancellation of the date of the seizure. If, on the basis of the partial discharge, the amount of the transferred debt has been credited to compensation claims in accordance with § § 24, 26 (3) of the D-market balance sheet (Section 4 (6)), in the event of a refund, the compensation claims shall be increased by the Amount which is required to avoid an otherwise entering bilancial overindebtedness, but at most up to the amount of the original compensation claim. (8) The reimbursement claim is due with its creation and from that date to be galvanissed. The interest rate is determined on the basis of the refinancing costs of the federal government. (9) Private landlords may be granted partial relief under the conditions set out in paragraph 1, if the burden of legacy liabilities is to be paid after 30 June 1995. a significant impairment of the cost-effectiveness of the home ownership. Unofficial table of contents

§ 5 obligation to privatize and to divestit, removal of proceeds

(1) The housing undertaking has to privatize at least 15 of the hundred of its number of housing stock with at least 15 per cent of its living area, as from 1 January 1993 to 31 December 1999, or in the case of Housing cooperatives are to be divented, and the tenants are to be given priority consideration in order to form individual residential properties. The divestiment shall be the same if inheritance rights or property inheritance rights pursuant to Section 30 of the Housing Property Act with a duration of at least 75 years shall be established and transferred after 31 December 1996. Privatisations and divestments from the 3rd October 1990 is to be expected. In the determination of the housing stock to be privatised or to be divested in accordance with the first sentence, dwellings which have been returned or transferred back pursuant to the property law shall not be taken into account. (2) The housing undertaking shall have the following Redemption shares from the sale of 15 of the hundred of its number of dwellers with 15 of the hundred of its living space according to the status of 1 January 1993, the 150 Deutsche Mark per square metre of sold-out living area plus the one in connection with exceed the cost of the sale, up to the level of the cost of the sale Partial relief in accordance with § 4 to be deducted from the Disposal fund for sale:

1.

by 31 December 1994 in the amount of 20 of the hundred,

2.

from 1 January 1995 to 31 December 1995, 30 of the hundred,

3.

from 1 January 1996 to 31 December 1996, at the rate of 40 of the hundred,

4.

From 1 January 1997 to 31 December 1998, 45 of the hundred,

5.

from 1 January 1999 to 31 December 1999 in the case of 50% of the hundred.

In the case of inheritance rights, the proceeds of disposal within the meaning of sentence 1 shall be the price of the building or the part of a building to be paid by the inheritance entitled, plus the cash value of the agreed hereditary interest. The date on which the property rewrite request has been filed with the Land Registry is decisive for compliance with the deadline if it is due to the application for the transfer of property. If the company is not responsible for the absence of the conditions for the application for title transfer, the date of the application shall be deemed to be the time limit for the application of the contract of purchase or inheritance law, which shall be in accordance with the provisions of the 31. , including the date of the conclusion of the contract, if:

1.

The subject matter of the contract is a plot of land or the partial face of a land, determined by the location, size and shape of the contract,

a)

which can be referred to in accordance with Article 28 of the Basic Book Order,

b)

which is subject to a special or assignment certificate which has not yet been passed, if the decision is passed on to the final decision, or

c)

which relates to a draft special or allocation plan which satisfies the requirements of § 1 (2) or § 12 in conjunction with Article 1 (2) of the Special Planning Regulation if the draft plan is subject to a final decision Special or assignment modest,

2.

on the basis of the closed contract for the rewriting of property or for the acquisition of the inheritance law by the acquirer, in the case of residential and partial building rights, it also comes to the execution of the division declaration.

(2a) The obligation referred to in paragraph 1 may, at the request of the housing undertaking, be partially or fully replaced by the repayment fund by 31 December 2003. The amount of these payments shall be determined by the amount of the square metre of living space to be divested by the housing undertaking to fulfil the obligation referred to in paragraph 1, taking into account all the previous privatisations, multiplied by the amount of 200 Deutsche Mark. (3) The housing undertaking does not fulfil the obligations arising from paragraphs 1 and 2 in time and does not dissolve its obligation under paragraph 2a, the decision to grant the partial relief shall be or in part, and the partial relief, including the To the extent that the housing undertaking does not have to represent it or the obligation to privatise or to divestize until 31 December 2008, the repayment fund shall be reimbursed by the housing company to the reproach fund. It is due to be taken from the divestments of 50% of the 100% for the year 2000 and then 55% from the 100% to the Blow-up Fund. The obligation to privatise under Article 22 (4) of the agreement shall remain unaffected by the provisions of Article 4 (7), third sentence, and paragraph 8. Unofficial table of contents

§ 6 Tax on income and income

Increases in the operating assets, which are caused by partial discharge in the sense of § 4 or by an additional discharge in the sense of § 6a, are exempt from income tax, corporate income tax and business tax. Reductions in operating assets arising from the cancellation of partial relief pursuant to § 4 (4) or (7) or § 5 (3) or by the obligation to remove proceeds pursuant to Article 5 (2) shall remain with the income tax, corporate income tax and Industrial tax other than approach. Unofficial table of contents

§ 6a empowerment to enact provisions on additional discharge (hardship case)

The Federal Government is empowered to lay down, by means of a regulation, the conditions for an additional discharge of existing liabilities and of liabilities for housing undertakings based on this additional discharge pursuant to Article 2 (1) (1) and (3) of this Regulation, which shall: as a result of significant permanent vacancy in their economic existence, and have received old-school assistance in accordance with § 4 or § 7. The discharge is calculated on the basis of the extent of the reduction in housing space, which is achieved within the framework of a sustainable renovation concept for the company. The prerequisite for the grant is that the country participates in the renovation concept at least at the level of the discharge by the federal government.

Part Three
Granting of aid for zinc

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§ 7 Zinc aid

(1) On request, the housing undertaking or the private landlord shall be paid in full for the interest payable on legacy liabilities for the period from 1 January 1994 to 30 June 1995, to the extent that such interest does not exceed the normal market level. Interest in interest. The calculation basis shall be the old liabilities to be allocated to the residential area of the company or the private landlord pursuant to § 4 (1). (2) The right to apply in accordance with § 2 (1) sentence 1 no. 2 shall be justified. (3) Erlangen private landlord The right of disposal of the dwelling after 1 January 1994 shall be limited to the period of time in which the right to dispose of the apartment is limited. Unofficial table of contents

§ 8 Costing

The Federal Government and the Länder referred to in Article 1 (1) of the Agreement Treaty as well as the Land Berlin each bear half of the costs of the interest-rate aid.

Fourth part
Procedural and final provisions

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§ 9 Application

The applications for partial relief pursuant to § 4 and payment of an interest-rate assistance pursuant to § 7 shall be submitted to the lending bank by 31 December 1993 at the latest. Unofficial table of contents

§ 10 The obligation to provide information

If and in so far as the implementation of this law requires it, housing companies, private landlords or their agents as well as the lending bank are obliged to provide information to the competent authority pursuant to § 11 para. 1 for decisions on request on the circumstances relevant to the granting of benefits under this Act, and to grant access to their documents and to allow the inspection of land, buildings and apartments. Unofficial table of contents

Section 11 Decisions

(1) The Federal Government shall decide on applications for benefits as well as on claims for reimbursement and the removal of proceeds according to § § 4, 5 and 6a. It transfers this power to the Kreditanstalt für Wiederaufbau. The decision shall be communicated to the applicant by written notice. (2) The decision on the interest-rate assistance in accordance with § 7 shall be taken by the respective country. The country may delegate the power of decision in agreement with the Federal Government to the competent authority in accordance with paragraph 1. (3) A steering committee shall be established in order to maintain a uniform examination and procedural practice for the services referred to in § 4. It shall issue recommendations. The members of the Steering Committee shall be appointed by the Federal Government and the Länder in agreement. Unofficial table of contents

§ 12 authorizing

(1) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Finance, by means of a legal regulation, with the consent of the Federal Council, to lay down detailed rules for the determination of the amount of the Partial relief in accordance with § 4, the interest-rate assistance pursuant to § 7, the removal of proceeds pursuant to § 5 and the arrangement and determination of reimbursement claims in accordance with § 4 (7) and § 5 (3). (2) The Länder are authorized by national law. Regulations for the period after the expiry of the Occupancy Rights Act To lay down rules governing occupancy of housing for housing undertakings to which old-school aids (Articles 4 and 7) are granted. More detailed rules shall be adopted on:

1.

the validity during the period from 1 January 1996 to 31 December 2003, at the latest until 31 December 2013,

2.

the fixing of a proportion of up to 50 per cent of the dwellings according to the first sentence of the first sentence, in accordance with local conditions of the housing market for the appropriate supply of the population,

3.

the corresponding application of § § 2 to 7, 12, 18, 19 to 21, 24 to 27 and 29 of the Housing Act,

4.

§ § 25 to 25d of the Second Housing Act are to be applied to the income limits specified in Section 25 (1) of the Second Housing Act by up to 60 per cent; however, the provisions of Sections 25 to 25d of the Second Housing Act shall apply. The free amounts increase by 60 per cent in accordance with Section 25d (1) of the Second Housing Act.

The occupancy bonds are not subject to the apartments privatised or sold in accordance with § 5, and the apartments returned or transferred in accordance with the asset law. Unofficial table of contents

§ 13 Code of transfer to the Housing Promotion Act

The Länder are authorized to adapt their provisions pursuant to § 12 (2) sentence 1 and 2 Nos. 3 and 4 to § 3 paragraph 2 sentence 3 and to § § 9 and 20 to 33 of the Housing Promotion Act.