Act On Old Debt Assistance For Municipal Housing Companies, Housing Associations And Private Landlords In The Area Referred To In Article 3 Of The Unification Treaty

Original Language Title: Gesetz über Altschuldenhilfen für Kommunale Wohnungsunternehmen, Wohnungsgenossenschaften und private Vermieter in dem in Artikel 3 des Einigungsvertrages genannten Gebiet

Read the untranslated law here: http://www.gesetze-im-internet.de/altschg/BJNR098610993.html

Act on old debt assistance for municipal housing companies, housing associations and private landlords in the area referred to in article 3 of the Unification Treaty (old debt assistance Act) AltSchG Ausfertigung date: 23.06.1993 full quotation: "old debt assistance Act of 23 June 1993 (BGBl. I p. 944, 986), most recently by article 2 of the Decree of 31 October 2006 (BGBl. I S. 2407) is changed" stand: last amended by article 2 V v. 31.10.2006 I 2407 for more information on the stand number you see in the menu see remarks footnote (+++ text detection off) : 27.6.1993 +++) the G as article 39 G 105-16 v. 23.6.1993 I 944 (FKPG) by the German Bundestag, with the consent of the Federal Council decided. It is as per article 43 paragraph 1 of this G on the 27.6.1993 entered into force.
Part I general principles article 1 be the housing companies referred to in this law and private landlords with housing in the area referred to in article 3 of the Unification Treaty purpose of old debt aid for the adequate management of the housing stock, in particular to the improvement of the credit and investment capacity, granted at the request of old debt assistance (articles 4 and 7). Thus, the conditions for privatization and formation of individual home ownership for tenants be improved at the same time.

§ 2 are request justified (1) proposal entitled: 1. municipal housing companies with legal personality, on which the serving residential plots and other rental assets, which are transferred on the basis of the Unification Treaty and the laws enacted to his law enforcement communities have been transferred with its old liabilities within the meaning of § 3 or where transferring them with security can be expected
2. municipalities, as far or as long as a transfer their serving residential plots and other housing assets on housing associations, in particular due to small size of those assets, economically not justifiable or a full or partial transmission, in particular because of pending asset allocation and cleanup of the property law, is not legally possible.
3. housing cooperatives;
4. private rental housing which have the power of disposal over the apartment. For housing stock owned by the Treuhandanstalt and their companies, as well as the successor company of former agricultural production cooperatives including the apartments from 1 July 1990 already sold old debt assistance (articles 4 and 7) are not allowed.
The beneficiaries of the application must no later than until the granting of partial discharge according to § 4 or the help of interest pursuant to § 7 in writing acknowledge the old liabilities to the lending bank and this concluded a legally effective credit contract. You are in record 1 No. 1 to 3 designated application legitimate housing companies in the meaning of this Act.
(2) where an applicant has taken pursuant to this law in claims services, a recovery of debt acknowledgement according to regulations of the Civil Code concerning publication of unjust enrichment is excluded.

§ 3 old liabilities (1) old liabilities are the obligations in article 2, paragraph 1 referred to housing associations and private landlords from loans for apartments, whose maximum permissible rental costs resulting from § 11 para. 2 and 3 of the rental amount law in force until 10 June 1995 amended and where loans 1 up to June 30, 1990, on the basis of laws of the German Democratic Republic for residential purposes in the context of State-owned and cooperative housing, as well as to create and maintain or improve by private Living room in which article 3 of the Unification Treaty said area has been granted or 2. by housing companies for the financing of housing projects started before October 3, 1990 to June 30, 1990 in the area referred to in article 3 of the Unification Treaty have been recorded.
Also by funding institutions of the countries considered the old liabilities to loans approved the provisions of the second Housing Act, as far as these to replace loans in sentence 1 No. 2 are been used for designated housing projects.
(2) the old liabilities also include the housing companies interest deferred to 31 December 1993 and guarantee fees.
Second part relief of part of by debt § 4 part relief (1) at the request of the apartment company takes over the legacy of sinking fund from July 1, 1995 a debt equal to a part of the existing at 1 January 1994 old liabilities of the apartment company with discharging effect to the assignor. There are several creditors, so the sinking fund of legacy of has first the liabilities to the creditors in section 3, subsection 1, sentence 1 No. 2 and set 2 mentioned loans, taking into account the to incorporate in paragraph 2 sentence of 1 above ceiling. The partial discharge amount consists of the old liabilities, multiplied by the number of square metres of entire living space existing as of January 1, 1993, when the housing companies, exceeding an amount of 150 Deutsche mark, on January 1, 1994. As a living space, the area is to be based, for which the maximum rental rate resulting from § 11 para. 2 and 3 of the rental amount law in the version applicable up to June 10, 1995. Where in rent increases after the first and second basic rent regulation in the calculation of living space sections 42 and 44 of the second calculation regulation basis are kept, the floor space shall be determined under these regulations. Floor space of flats, were that sold after January 1, 1993, to the tenant or to private investors and its old debts repaid before 1 January 1994, is not taken into account. Old liabilities of the apartment company be considered in so far as they relate to the area described in the 4 and 5 sets.
(2) for old liabilities according to § 3 para 1 sentence 1 No. 2 and clause 2 shall be considered no more than 1,000 German mark credit load per square metre of living space in the calculation when determining the partial discharge amount referred to in paragraph 1. Will be charged the applicant the rest commitments exceeding 1 enabled relief amount pursuant to sentence in a manner endangering the economic existence of the company by the, a higher amount of discharge-enabled can be set.
(3) were spun off of the apartment company or parts of the living area as of 1 January 1993, the partial relief amount calculated businesses existing the 1 January 1994 for the 1 January 1993 (old company) in relation of the living space to the entire living space remaining with the company reduced on 1 January 1993. For housing companies, which were established, from the existing 1 January 1993 on the basis of spin-offs from a on 1 January 1993 company (old company) is attributable to this company part of the partial discharge amount calculated on the basis of the living space on the 1 January 1994 for the entire company by the ratio of the outsourced living space to the living space of the old company on 1 January determined 1993 (4) living areas of homes , return the property law or re transmit are, are not considered in determining the area to be settled in accordance with paragraph 1. As far or as long as on the application under the Investment Act not definitive decided, the floor area under the property Act application loaded is taken into account, as far as the residential buildings built after January 1, 1949; the decision on the partial discharge is granted subject to the decision pursuant to sentence 3. An infringement decision on applications is until 31 December 1999 under the property Act, is issued a supplementary decision on partial discharge on the basis of the area to be taken into account in accordance with paragraph 1; Decisions according to the investment law, which become final after this time, more have no effect on the relief of part of. In the case of a partial discharge amount too high granted pursuant to sentence 2 to the decision pursuant to sentence 3, the difference amount including interest paid by the legacy of sinking fund for these is to reimburse; in the case of a partial discharge amount too low granted pursuant to sentence 2 to the decision pursuant to sentence 3 is also the increased part discharge amount of the sinking fund of legacy of to take over, and the interest paid by the rental company for the amount of the difference shall be compensated this by the sinking fund of legacy of. Determined pursuant to sentence 3 on its own initiative or at the request of the company, if all applications under the Investment Act final has been decided. By way of derogation sentence 5, a supplementary part discharge notice in appropriate application of sentences 3 and 4 may be at the end of each calendar year.
(5) the partial discharge is granted housing companies, if in addition to the requirements of sections 2 and 3, as well as the paragraphs 1 to 3 the following additional requirements are met: 1. the housing companies must commit themselves to the sale of housing and transfer of proceeds in accordance with article 5;
2. housing associations must be suitable and capable of its legal and economic circumstances, properly to conduct its business; in particular, its business concept must provide for a speedy privatization, modernization and repair of its housing stock;
3.
the apartment company must conform to, if not already is law an annual examination of its business activities and the economic circumstances, such a review.
The housing companies in particular the last annual financial statements including audit report, an investment plan, a financial perspective and a privatisation and business concept, from which the intended privatisation, modernisation and repairs are indicated to be attached his request for partial discharge has to fulfil the obligations contained in set 1. The entitlement is according to § 2 para 1 sentence 1 No. 2.
(6) as far as according to the §, § 24, 26 (3) of the D-Mark balance Act is to the housing companies in a compensation claim, is the partial discharge amount on the compensation claims into account. § 36 paragraph 4 sentence 2 of the D-Mark balance Act is not applicable in this respect.
(7) the housing company has to report annually on the status of its investment program and the results of privatization. A significant departure from the investment plan or privatization concept that arises from the report can the decision concerning the granting of partial discharge fully or partially lifted and arranged the corresponding reimbursement of partial discharge amount including interest paid by the sinking fund of legacy of to be, except that the rental company is not responsible for this. The liberating effect of the debt by the legacy of sinking fund according to article 4, paragraph 1, sentence 1 shall remain unaffected in annulment of the decision. Is due to partial discharge the amount of assumed debt on compensation according to the § § 24, 26 (3) of the D-Mark balance sheet law applied been (§ 4 par. 6), increase the compensation amount, is required to avoid an otherwise occurring balance sheet indebtedness, however, only up to the amount of the original compensation claim in case the refund.
(8) the benefit is to pay interest on its creation due and from that point on. The interest rate is calculated according to the refinancing costs of the Federal Government.
(9) a part of relief under the conditions of paragraph 1 may be granted private landlords if the load with old liabilities would result in a significant disturbance to the economics of home ownership after June 30, 1995.

§ 5 privatization and divestiture obligation, to privatize at least 15 per cent of its numerical housing stock with at least 15 per cent of its living space transfer of proceeds (1) which has housing companies as of 1 January 1993 to 31 December 1999 or in the case of housing cooperatives to sell; While tenants to the formation of individual home ownership are to be considered as a priority. It is equally sale if after 31 December 1996 hereditary or apartment hereditary building rights according to § 30 of the apartment ownership act with a duration of at least 75 years founded and transferred. Privatizations and disposals from October 3, 1990 are to be. Apartments that are re are given according to the wealth law or re transferred, are not considered in determining the housing stock to be sold or privatised pursuant to sentence 1.
(2) the housing company has following revenue shares from the sale of 15 per cent of its numerical housing stock with 15 per cent of its area as of 1 January 1993, exceeding 150 Deutsche marks per square meter of sold living space plus the remediation costs incurred in connection with the sale, up to the amount of the partial discharge amount to lead section 4 on the legacy of sinking fund for sale: 1 up to 31 December 1994 in the amount of 20 per cent , 2. from 1 January 1995 to 31 December 1995 in the amount of 30 per cent, 3. from 1 January 1996 to 31 December 1996 amounting to 40 per cent, 4 from 1 January 1997 to 31 December 1998 amounting to 45 per cent, 5 from 1 January 1999 to 31 December 1999, amounting to 50 per cent.
Proceeds is the price to be paid by the heritage building owner for the building or part of a building plus the present value of the agreed interest of heritage building in the case of the heritable building right order within the meaning of sentence 1. The date has been posted to the ownership transfer request at the land registry office when it comes to the transfer of ownership on the basis of the application depends on compliance with the deadline. Has the absence of the conditions for the application to property description not to represent the company, also the date of the agreement deemed relevant point in time for the observance of the period for purchase or ground lease order contracts, which have been completed after December 31, 1996, when 1. subject of the contract is a plot of land or the land area specific contract according to location, size and shape , a) that can be described under section 28 of the land order, b) a not even stock strong Sonderungs or mapping decision refers, if this decision is final, or c) a Sonderungs - or mapping plan draft refers, which meets the requirements of § 1 para 2 or § 12 in connection with § 1 para 2 of match plan regulation, if this draft plan is subject to a definitive Sonderungs or assignment notification , 2. it is on the basis of the contract to the property description or the acquisition of the ground lease by the purchaser for residential and part case also to the implementation of the Declaration of Division.
(2a) the obligation can be referred to in paragraph 1 at the request of the apartment company up to December 31, 2003 partially or completely be replaced by alternative payments to the sinking fund of legacy of. The amount of these payments determined are after by the housing companies to comply with the obligation pursuant to paragraph 1 taking into account all previous privatisations to selling square meters of living space mark multiplied by the amount of 200 German.
(3) meets the housing companies resulting from paragraphs 1 and 2 shall not timely obligations and it replaces its obligation pursuant to paragraph 2a, the decision concerning the granting of partial discharge to waive wholly or partly and the partial discharge amount including interest paid by the sinking fund of legacy of to the extent that by the housing companies unless the legacy of sinking fund to repay, that the housing company is not responsible for this or meets the privatisation or sale duty until December 31, 2003, and from the sale Revenue shares amounting to 50 per cent for the year 2000 and then 55 per cent to the sinking fund of legacy of pays. § 4, paragraph 7, sentence 3 and 4 and paragraph 8 shall apply accordingly.
(4) the obligation to privatize under article 22 para 4 of the Unification Treaty remains untouched.

§ 6 increases of assets, which results from a partial discharge within the meaning of section 4 or by an additional discharge within the meaning of sec. 6a, taxes on income and earnings are from the income tax, corporation tax and trade tax free. Impairment of assets, which caused the suspension of the partial discharge according to § 4 section 4 or 7 or according to § 5 ABS. 3 or the obligation to transfer proceeds according to § 5 para 2, stay with the income tax, corporation tax and trade tax except approach.

Section 6a of the authorisation to adopt rules on additional relief (hardship scheme) the Federal Government shall be empowered, by Decree the surrounding conditions for an additional relief of old liabilities and this to set based liabilities for housing companies according to § 2 para 1 Nos. 1 and 3, are due to substantial permanent empty stand in their economic existence endangered and historic debt relief after § 4 and § 7 have received. The relief is calculated according to the extent of reducing housing, which can be reached within the framework of a viable restoration concept for the company. Condition of eligibility is that the land involved in the renovation concept in at least the amount of the relief by the Federal Government.
Third part of granting an interest assistance § 7 is interest help (1) at the request of the housing associations or private owner for the interest on old liabilities to be paid for the period from 1 January 1994 to 30 June 1995, as far as they do not exceed the standard amount, granted an interest assistance in full. The old liabilities to associate with the living space of the company or of the private landlord pursuant to § 4 para 1 are calculation basis.
(2) that is section 2, subsection 1, sentence 1 No. 2 request permission to establish.
(3) private landlords gain the power of disposal over the apartment after 1 January 1994, the claim is limited to interest assistance on the period in which their right of disposal is.

§ 8 cost assumption of federal and in article 1 para 1 of the unification treaty mentioned countries and the land of Berlin each bear half of the cost of interest assistance.
Fourth part procedural and final provisions article 9 application are requests for partial discharge pursuant to § 4 and on payment of an interest pursuant to § 7 at the latest by 31 December 1993 to the lending bank.

§ 10 obligation to supply information
If and insofar as it requires the implementation of this law, housing companies, to grant private landlords or their agents and the lending bank is obliged to provide information about the circumstances relevant for the granting of benefits under this Act the competent pursuant to § 11 para 1 for decisions at the request and inspect their documents, as well as to allow the inspection of land, buildings and apartments.

§ 11 decisions (1) the Federal Government decides applications on services as well as claims for reimbursement and the transfer proceeds according to §§ 4, 5 and 6a. He transfers this power to the Kreditanstalt für Wiederaufbau. The decision is communicated to the applicant by written notification.
(2) the decision on the interest assistance pursuant to § 7 by the specific country. The country onto the decision-making authority in agreement with the Federal Government the authority referred to in paragraph 1.
(3) to maintain a uniform testing and practice for services pursuant to section 4, a Steering Committee is formed. This makes recommendations. The Steering Committee members are appointed by the Federal and the State in agreement.

§ 12 authorized authorization (1) which is the Federal Ministry of transport, building and urban development, in agreement with the Federal Ministry of Finance Ordinance with the consent of the Federal Council according to § 4, the help of interest pursuant to § 7, the dissipation of proceeds to the according to § 4 paragraph 7 and article 5 par. 3 to introduce legislation details of the determination of the amount of the partial discharge section 5 as well as the arrangement and fixing of refund claims.
(2) the countries be empowered to introduce legislation assignment bindings for the housing companies apartments old debt assistance (articles 4 and 7) will be granted by national legislation for the period after the expiry of the allocation law. Further regulations are to be issued on 1 the validity during the period from 1 January 1996 to 31 December 2003, until 31 December 2013, at the latest 2. setting a required by the local housing market conditions for the adequate supply of the population share of up to 50 per cent of housing pursuant to sentence 1, 3. the application of paragraphs 2 to 7 , 12, 18, 19 to 21, 24 to 27 and 29 of the housing bond law, 4. permissible exceeding of in section 25, paragraph 1, of the second Housing Act income limits given to up to 60 per cent; for the determination of the total income, the §§ 25-25 d are the second Housing Act to apply, but the exemption increase after section 25 d, paragraph 1, of the second Housing Act by 60 per cent.
The assignment bindings are not the privatised pursuant to section 5 or sold and given back the wealth law or feedback transmitted apartments.

§ 13 reconciliation rule to the Housing Promotion Act the countries be authorized, her on the basis of § 12 para 2 sentence 1 and 2 No. 3 and 4 adopted regulations § 3, paragraph 2, sentence 3 and paragraphs 9 and 20 to 33 of the Housing Promotion Act to adapt.