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

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Old-debt assistance law for municipal housing companies, housing cooperatives and private landlords in the area referred to in Article 3 of the Entrance Contract (AltschuldenAid)

Non-official Table of Contents


Date of expiry: 23.06.1993

Full quote:

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

:Last modified by Art. 2 V v. 31.10.2006 I 2407

For details, see the menu under Notes


(+ + + Text evidence: 27.6.1993 + + +)

The G has been referred to as Article 39 G 105-16 v. 23.6.1993 I 944 (FKPG) approved by the Bundestag with the consent of the Bundesrat. It's gem. Article 43 (1) of this Act entered into force on 27.6.1993.

First part
General principles

A non-official table of contents

§ 1 Purpose of old debt assistance

The housing companies and private landlords designated in this law in the article 3 of the In order to ensure adequate management of the housing stock, in particular to improve the credit and investment capacity, the area mentioned above is granted on application of old-school subsidies (§ § 4 and 7). At the same time, the conditions for privatization and education of individual residential properties for tenants will be improved. Non-official table of contents

§ 2 Applicant

(1) Applicants are:
Local housing companies with their own legal personality, for the purpose of residential use Land and other housing assets which have been transferred to the municipalities under the terms of the agreement and the laws enacted to implement it, have been transferred with the associated legacy liabilities within the meaning of Section 3, or where their transmission can be expected to be safe;
Municipalities, as long as or as long as a transfer of their residential properties and the rest of the land is expected to be Housing assets on housing undertakings, in particular because of the low level of such assets, are not economically justifiable, or a transfer in whole or in part, in particular because of the outstanding allocation of assets; and Legal redaction, legally not yet possible;
Housing cooperatives;
private landlords of living space who have the right to dispose of the apartment. For housing stocks owned by the Treuhandanstalt and its companies, and the successor companies of the former agricultural production cooperatives, including those from 1. (§ § 4 and 7).
The persons entitled to make an end-of-life debt shall be obliged to pay the debt to the creditor bank at the latest until the partial discharge is granted in accordance with § 4 or recognise the interest-rate assistance in writing in accordance with § 7 and have concluded a legally effective credit agreement on this. The applicants referred to in the first sentence of the first sentence of the first subparagraph 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 recognition of the debt in accordance with the provisions of the Civil Code on the issuance of an unjustified enrichment shall be excluded. Non-official table of contents

§ 3 Altliabilities

(1) Altliabilities are the obligations of the Housing companies and private landlords out of loans for flats, whose maximum permissible rent is based on § 11 para. 2 and 3 of the Miethöhegesetz in der bis zum 10. The new version of the loan is due to be published in June 1995, where the credits are
up to the 30. Regulation 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 within the framework of Article 3 of the Treaty of of the territory referred to in the agreement, or
of housing companies to finance the territory before the 3. The rental housing project started in October 1990, after the 30. The provisions of the provisions of Article 3 of the Agreement have been included in the territory referred to in Article 3 of the Agreement.
The following provisions shall apply to the obligations of the national financial institutions of the Länder in accordance with the provisions of the Second Housing Act. Construction loans, to the extent that they have been used for the replacement of loans for the rental housing projects referred to in the first sentence of sentence 1.(2) The old liabilities also include those of the housing companies up to the 31. Interest and guarantee charges stolen in December 1993.

Second Part
Debt Relief Partial Relief

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§ 4 partial discharge

(1) The housing company's application for a housing company will be taken over from the 1. July 1995 is to blame for a part of the 1. In January 1994, existing liabilities of the housing company with a liberating effect vis-à-vis the previous creditor were established. Where more than one creditor is present, the repayment fund shall first of all give the creditors of the exposures referred to in Article 3 (1) (1) (2) and (2), having regard to the maximum amount referred to in the first sentence of paragraph 2, taking over. The partial relief amount consists of the legacy liabilities, which are on the 1. 1 January 1994 an amount of 150 Deutsche Mark multiplied by the number of square metres according to the level of 1. In the case of housing undertakings, the total amount of living space available in the housing is January The floor area must be based on the area for which the maximum permissible rent is based on § 11 (2) and (3) of the Miethöhee Act (Miethöhegesetz) in the up to 10. The text is in force in 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. Living space of apartments, according to the 1. 1 January 1993 to its tenants or to private investors, and their associated legacy liabilities before 1 January 1993. It is not taken into account in January 1994. The old liabilities of the housing company shall be taken into account in so far as they relate to the living area referred to in sentences 4 and 5.(2) For old liabilities in accordance with § 3 (1) sentence 1 (2) and (2), the calculation of the partial relief amount may take into account a maximum of 1,000 Deutsche Mark credit load per square metre of living space in the calculation referred to in paragraph 1. If the applicant is burdened by the amount of the remaining obligations which exceed the amount of the repayment in accordance with the first sentence in a manner which endangers the economic existence of the undertaking, a higher amount of deloadable amount may be determined.(3) Parts of the housing enterprise or parts of the living space have been taken from the 1. It is broken down by 1 January 1993 and is reduced for 1 January 1993. 1 January 1994 for 1 January 1994. January 1993, existing enterprises (old enterprises) calculated partial relief in proportion of the living area remaining in the enterprise to the total living area on the 1. January 1993. For housing companies that are starting from 1. 1 January 1993 on the basis of breakdowns from 1 January 1993. On the basis of the residential area on 1 January 1993, existing enterprises (old enterprises) have been established. The partial relief calculated for the total enterprise by the ratio of the residential area to the living area of the old enterprise on 1 January 1994. January 1993.(4) Living areas of dwellings which are returned or retransferred in accordance with the property law shall not be taken into account in the determination of the area to be calculated in accordance with paragraph 1. To the extent or as long as the application for the asset law has not been passed, the residential area subject to the application of the asset law shall be taken into consideration as far as the residential buildings are in accordance with the provisions of the 1. The decision to grant partial relief shall be granted on the basis of the decision taken in accordance with the provisions of the third sentence of the Decision. It's up to the 31. In December 1999, a final decision on applications under the asset law shall be taken by a supplementary decision on the partial discharge, on the basis of the area to be taken into consideration in accordance with paragraph 1, decisions taken in accordance with the Property law, which will become final after that date, will have no effect on 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 discharge shall be granted to housing undertakings if, in addition to the requirements of sections 2 and 3 and paragraphs 1 to 3, the following conditions are met:
The housing company has to be used for the sale of housing and disposal of divestment replacement § 5 require;
The housing company must be suitable and able to do its business in accordance with its legal and economic conditions. , and, in particular, its concept of enterprise must provide for a rapid privatisation, modernisation and repair of its housing stock;
Housing undertakings must submit to such an audit, provided that it is not already subject to the law of an annual examination of its business activities and economic conditions.
the housing undertaking has, in particular, its application for partial discharge, in particular the final annual accounts, including the audit report, an investment plan, a financial preview, and a privatisation and An enterprise concept to which the intended privatisation, modernisation and repair measures are to be seen. The right to apply in accordance with § 2 (1) sentence 1 no. 2 is to be justified.(6) In so far as the housing company is due to a compensation claim in accordance with § § 24, 26 (3) of the D-market balance law, the partial relief amount shall be set off against the compensation claim. Section 36 (4) sentence 2 of the D-Markbalances Act is not applicable to this extent.(7) The housing undertaking shall report annually on the state of its investment programme and on the results of the privatisation. 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 in full or in part. the amount of the partial relief, including 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 required to avoid an otherwise acceding bilancial overindebtedness, but not more than the amount of the original compensation claim.(8) The claim for reimbursement shall be due upon its creation and shall be galvanissed from that date. The interest rate is measured according to the costs of refinancing the federal government.(9) Private landlords may be subject to partial discharge under the conditions set out in paragraph 1, if the burden of existing liabilities is less than 30 years after the date of application of the Directive. It would lead to a significant impairment of the viability of home ownership in June 1995. Non-official table of contents

§ 5 Obligation to privatize and divestize, release proceeds

(1) The housing company has at least 15 of the One hundred of its number of housing stock of at least 15 per cent of its living area, according to the level of 1. January 1993 to 31 January 1993 In the case of housing cooperatives, account must be taken of the fact that the tenants are to be given priority in the case of housing cooperatives, in order to give priority to tenants to the education of individual residential property. The divestiment is the same, if after the 31. In December 1996, inheritance rights or residential property rights in accordance with § 30 of the Housing Property Act with a duration of at least 75 years shall be established and transferred. Privatisations and divestments from the 3rd October 1990 is to be expected. In determining 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 enterprise has the following shares of the sale of 15 of the hundred of its number of housing stock with 15 of the hundred of its residential area according to the state of the 1. January 1993, exceeding 150 Deutsche Mark per square metre of sold-out living space plus the remediation costs incurred in connection with the sale, up to the amount of the partial relief under Section 4 of the Disposal fund for sale
to the 31. December 1994 at the rate of 20 of the hundred,
of 1. 1 January 1995 to 31 January 1995 December 1995, 30 of the hundred,
of 1. 1 January 1996 to 31 January 1996 December 1996 at the level of 40 of the hundred,
of 1. 1 January 1997 to 31 January 1997 December 1998 at the level of 45 of the hundred,
of 1. 1 January 1999 to 31 January 1999 In the case of inheritance rights, the price of the building or the part of a building plus the cash value of the building, shall be the order of 50 of the hundred.
Disposal proceeds within the meaning of the first sentence of the first sentence of agreed hereditary interest rates. 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 date for the application of the term of contract for the purchase or inheritance of the contract of inheritance, which shall be in accordance with the provisions of the 31. December 1996, including the date of the conclusion of the contract, when
Subject of the contract a lot or the part of a plot of land determined by location, size and shape in the contract conclusion,
which can be referred to in accordance with § 28 of the Basic Book Order,
which is not yet a final special or assignment notice when this decision becomes final, or
on which a special or association plan draft , which satisfies the conditions set out in § 1 (2) or § 12 in conjunction with Article 1 (2) of the Special Planning Regulation if this draft plan is the subject of a final special or assignment modest
on the basis of the contract concluded for ownership rewriting or for the acquisition of the inheritance law by the acquirer, in the case of housing and the
under paragraph 1 may, at the request of the housing company, be subject to the obligation to comply with the obligation to comply with the provisions of the subdivision declaration. In part or in full, it will be replaced by replacement payments to the repayment fund in 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 from 200 Deutsche Mark.If the housing undertaking does not fulfil the obligations arising from paragraphs 1 and 2 in time and does not dissolve its obligation in accordance with paragraph 2a, the notification of the granting of partial relief shall be wholly or partly , and to reimburse the partial relief amount, including interest paid by the reproach fund, to the extent that the housing company is not responsible for this, unless the housing undertaking has to do so or the housing undertaking has not The obligation to privatise or to divestize until 31 December 2008. 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. § 4 (7) sentences 3 and 4 and (8) shall apply accordingly.(4) The obligation to privatise in accordance with Article 22 (4) of the agreement shall remain unaffected. Non-official table of contents

§ 6 Tax on income and income

Increments in operating assets caused by partial discharge within the meaning of § 4 or by an additional discharge in the sense of § 6a are created, are exempt from income tax, corporate income tax and trade tax. Reductions in the 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 § 5 sec. 2 shall remain with the income tax, corporation tax and Industrial tax other than approach. Non-official table of contents

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

The Federal Government will Authorized, by means of a regulation, to lay down the conditions for an additional discharge of existing liabilities and of liabilities for housing undertakings pursuant to § 2 (1) (1) and (3), which are due to a significant number of have been at risk of 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.

Third part
Granting of a Zinc aid

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§ 7 Zinc aid

(1) On request, the housing company or the private landlord will be responsible for the old liabilities for the time of 1. January 1994 to 30. The amount of interest to be paid in June 1995, to the extent that such interest does not exceed the normal level of the market, is granted in full a interest-rate aid. The calculation basis shall be the old liabilities to be allocated to the residential area of the company or of the private landlord pursuant to § 4 (1).(2) The eligibility of the application in accordance with § 2 (1) sentence 1 no. 2 shall be justified.(3) Erlangen private landlords have the power to dispose of the apartment after the 1. January 1994, the entitlement to interest rate assistance shall be limited to the period in which its power of disposal exists. Non-official table of contents

§ 8 Covenant of costs

The federal government and the countries referred to in Article 1 (1) of the Agreement Treaty as well as the Land Berlin in each case half of the cost of the tin aid.

Method and Final Provisions

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§ 9 Application

The requests for partial relief pursuant to § 4 and payment of an interest-rate assistance pursuant to § 7 are no later than 31 at the lending bank. December 1993. Non-official table of contents

§ 10 obligation to provide information

If and to the extent that the implementation of this law requires it, housing companies, private Landlords or their agents, as well as the lending bank, undertakes to provide the competent authority in accordance with section 11 (1) with information, on request, on the circumstances relevant to the provision of benefits under this law and access to their documents, as well as the possibility of visiting land, buildings and apartments. Non-official table of contents

§ 11 decisions

(1) The federal government decides on applications for benefits, as well as on claims for reimbursement and the removal of costs. of proceeds according to § § 4, 5 and 6a. It transfers this power to the Kreditanstalt für Wiederaufbau. The decision shall be notified to the applicant by written communication.(2) The decision on the interest-rate assistance in accordance with § 7 shall be taken by the respective country. The country may, in agreement with the Federal Government, transfer the power of decision to the competent authority in accordance with paragraph 1.(3) A steering committee shall be established for the maintenance of 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. Non-official table of contents

§ 12 empowerment

(1) The Federal Ministry of Transport, Building and Urban Development is authorized, in agreement with the Federal Ministry of Finance by decree of law with the consent of the Federal Council Rules on details of the determination of the amount of the partial relief amount in accordance with § 4, the interest-rate aid in accordance with § 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 to enact provisions relating to the occupancy of flats of housing undertakings to which old-age debt aid is granted by national law for the period after the expiry of the Act on Occupancy Law (§ § 4). and 7). For more detailed rules, refer to
during the time of 1. January 1996 to 31. December 2003, no later than 31 December 2003. December 2013,
the determination of a proportion of the population required by local housing market conditions to provide adequate supplies to the population. 50 of the hundreds of apartments according to sentence 1,
the corresponding application of § § 2 to 7, 12, 18, 19 to 21, 24 to 27 and 29 of the Housing binding law,
A permissible excess of the income limits determined in § 25 (1) of the Second Housing Act by up to 60 per hundred; for The determination of the total income is to be applied to § § 25 to 25d of the Second Housing Act, but the free amounts are increased by 60 per cent according to § 25d (1) of the Second Housing Act.
not the dwellings which have been privatised or sold pursuant to § 5, and which have been returned or remitted under the asset law. Non-official table of contents

§ 13 Subversion of the Housing Promotion Act

The countries are authorized to do so on the basis of § 12 para. 2 sentence 1 and 2 Nos. 3 and 4 to the provisions of Section 3 (2) sentence 3 and to § § 9 and 20 to 33 of the Housing Promotion Act.