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A Study on the Amendment to the Management and Supervision System of the Rental Housing Law - Focused on the Five and Ten-year Public Rental Housing -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 66(), pp.67-91
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sunbae Lee 1

1선문대학교

Accredited

ABSTRACT

Comprehensively analyzing the framework of Rental Housing Act divided into sub-systems, namely the supply, management and supervision system of rental housing, we can see whether it achieves the political purpose of public rental housing, 'residential stabilization for low-income group'. Public rental housing system is a demand and supply system to provide rental housing after selecting "qualified tenant designed politically". And management systems implies an institutional framework that the residents should keep the rules and management expenses during their rental obligations. Finally, supervision system could be an crucial institutional framework to influence system of demand, supply and supervision. The current legal framework of rental housing is not sufficient and clear enough to manage and supervise for public rental housing, additionally it does not well enforce. Thus, the Rental Housing Act should be supplemented below at least. The Article 16, Section5 of Rules on Housing Supply should be amended that they may select "qualified tenant designed politically" under the Article 16 Section 1 of Rules on Housing Supply after building, unless there are actual preliminary tenants due to no contracting. In related to managing rental housing, Article 9 Table no.1-2 of the Enforcement Rule of Rental Housing should be revised to estimate the house prices based on building cost and building lots prices by approval agency(person), and to rescind the Article 7 "changes in economic condition" of Housing Lease Protection Act in order that lease business operator can not raise the rental deposits and rental cost up to 5% per year. The Item 1 Table 1, Article 9 of Lease Housing Act Enforcement Rules should be amended more specifically that "in the 10-year period of rental obligations, lotting-transfer housings price is limited to ensure construction cost and up to 10~20% profits and to be less than the lotting-transfer housings price in 5-year rental obligation." The Article 28 Section 7 of Lease Housing Act should be revised to comply with management rules and tenant representative's decision by specifying them and to penalize any person who has violated Article 42 of the Rental Housing Act under the Article 42 Section 5 of the Rental Housing Act. With respect to the management of rental housing, Article 82 no.1~6 of Housing Act Enforcement Ordinance should be inserted in the Article 36(Supervision) of Rental Housing Act and the Article 42 of Rental Housing Act and also should be revised that any person(officials) who violates them should be penalized by the city mayor, county governor and head of a Gu.

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