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Legal Issues concerning Ten-Year Public Rental Housing Programin West Pangyo Area

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 55(), pp.77-102
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sunbae Lee 1,  김재광 1

1선문대학교

Accredited

ABSTRACT

‘Participatory Government’ made a start in 2003 emphasized on improving housing security for less privileged Koreans in terms of the housing supply policies. This change of direction was reflected in the ‘road map for housing welfare’ published in May 2003, the focus of which was on actual demanders of housing units. In accordance with this road map, if the Government provides assistance to the income group (income level 5 to 6) to which owner-occupied housing is affordable, tenants belong to the group are allowed to convert their rented housing units for purchasing after the termination of a mandatory compliance period, and that is the sort of the concept of the ten-year public rental housing program. The analysis from a legal point of view and legal interpretation on how efficiently this type of ‘rental housing - owner occupation’ functions are as follows: legal issues exist regarding public notifications relating to the Enforcement Decree of the Housing Act; all relevant institutions biased in their business-friendly interpretations on standards for appraisal prices relating to the conversion of rental housing for sale; the range of repair and maintenance cost component on standard rent payment varied depending on which institute interpreted and when it was interpreted More serious issue is that the existence of the Rental Housing Act is threatened due to reasons, such as ambiguous and unsystematic description of the Act, provisions of the Enforcement Decree which held unconstitutional, too many delegation provisions against the purposes and intent of the Act in public notifications and business-friendly tendency of institutions interpreting laws. I suggest alternatives, such as to clarify provisions on the level of normal profits for rental business operators, to prescribe even clearer rental terms and conditions and more definite criteria for appraisal prices relating to conversion of rental housing for sale to tenants, to establish separate mandatory provisions which legally nullify the offering of unfavorable rental terms and conditions to tenants who are generally from less privileged social backgrounds and to provide compensation provisions concerning loss accrued to tenants when any violation against the Act occurs.

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