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A Study on Housing Rights and Rent Control on Housing Rent Focusingd on the Right of Claim for Housing Rental Contract, Rent Control and Obligation of Reporting Rental Contract, so called 3 Acts for Rental Houses

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 93(), pp.141-166
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : February 1, 2021
  • Accepted : February 22, 2021
  • Published : February 25, 2021

Han Sang Hoon 1

1중원대학교

Accredited

ABSTRACT

Since housing is one of basic human rights the nation and people have to try to provide adequate housing for all people. However, various policies for real estate market by the government have been criticized because of the failure of controlling soaring housing price and deceasing numbers of rental houses in the market. For instance, the government announced the ‘the promotion plan for private rental house registration’ on December 13 of 2017 in order to provide more rental houses in the market from the supply of multihouses owner’s houses. At that time government provided variety types of incentives to the participants of the plan such as tax cuts, discounted health insurance payments and etc. Thank to these attractable incentives the numbers of private rental housing registration increased from 229,000 persons in 2017 to 336,000 persons in 2018. However, as the promotion plan for private rental house registration has received serious complains from civil society and nongovernment organizations due to the misuses of incentives for multi-house owners privilege the government accepted the complains and announced new real estate policy which abolished the promotion plan for private rental house registration. No more than 2 years, the government abolished self-made promotion plan for private rental house registration by himself. After that, rent of rental house soared dramatically and the fear of houseless and home owners about the market sharply exploded. In order to relieve these market nervous the government amended existing housing lease protection act and special act on private rental housing and introduced right of claim for housing rental contract, rent control and obligation of reporting rental contract, so called 3 acts for rental houses. In order to enhance the reliability and predictability of government’s real estate policy it is necessary to clear out what is the basic value of the policy at the beginning and provide practical implementation plan for the policy. Based on these circumstances this study examines the legal concept of housing rights which the housing policy tries to execute in the market and reviews the housing rental business in foreign countries to have some important implications for current problems in housing rental business. Based on the findings and understanding this study sets the purpose of this research is to provide problems and assignments in housing rental business. Finally, this study shows that in order to establish required business atmosphere for housing rental business, especially for the low income tenants, the government should carry out the reinforcement of housing rights of lessee and the enhancement of the reliability and predictability of government’s real estate policy for lessor simultaneously. As an example of this recommendations this study suggest that the limit of rent control could be changed more elastically not only to provide secured housing rights for the low income tenants but also to give business opportunity for the lessor to have extra earning from the housing rental business through the adoption of the limit of rent control as the combination of inflation rate plus 5% of rent.

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