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ACT ON THE SUPPORT FOR IMPROVING THE QUALITY OF LIVES OF TENANTS IN LONG-TERM PUBLIC RENTAL HOUSING

Act No. 9542, Mar. 25, 2009

Amended by Act No. 10262, Apr. 15, 2010

Act No. 10599, Apr. 14, 2011

Act No. 11599, Dec. 18, 2012

Act No. 12251, Jan. 14, 2014

Act No. 12248, Jan. 14, 2014

Act No. 12989, Jan. 6, 2015

Act No. 13474, Aug. 11, 2015

Act No. 13498, Aug. 28, 2015

Act No. 13805, Jan. 19, 2016

Act No. 13801, Jan. 19, 2016

Act No. 14951, Oct. 24, 2017

Act No. 15457, Mar. 13, 2018

 Article 1 (Purpose)
The purpose of this Act is to contribute to the improvement of the quality of lives of tenants in long-term public rental houses by providing support for matters necessary for the improvement of the living environment of the tenants and the betterment of welfare for dwelling of the tenants through the improvement of facilities in the long-term public rental houses.
 Article 2 (Definitions)
The definitions of the terms used in this Act shall be as follows: <Amended by Act No. 11599, Dec. 18, 2012; Act No. 12989, Jan. 6, 2015>
1. The term "long-term public rental house" means any of the following houses:
(a) Rental houses built or purchased with financial support from the State or a local government or from the National Housing Fund under the Housing and Urban Fund Act (hereinafter referred to as the "Housing and Urban Fund") for the purpose of renting them for 30 years or longer;
(b) Rental houses built with financial support from the State or a local government or from the Housing and Urban Fund for the purpose of renting them for 50 years or longer;
2. The term "tenant of a long-term public rental house" means a person who resides in a long-term public rental house;
3. The term "project owner" means the State, a local government, the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as the "Korea Land and Housing Corporation"), or a local government-invested public corporation established to implement housing projects pursuant to Article 49 of the Local Public Enterprises Act (hereinafter referred to as "local government-invested public corporation");
4. The term "welfare service facilities" means ancillary facilities and welfare facilities under Article 2 of the Housing Act and facilities for production activities, which shall be established to improve social and economic conditions of tenants of long-term public rental houses (hereinafter referred to as "tenants"), and matters necessary for the types, sizes, establishment, etc. of welfare service facilities shall be prescribed by Presidential Decree.
 Article 3 (Support from State and Local Governments)
(1) The State shall formulate and implement a basic plan for the improvement of quality of life of the tenants (hereinafter referred to as “basic plan”) every five years, in consultation with the heads of the relevant central administrative agencies to improve the quality of lives of tenants.
(2) The basic plan shall include the following matters:
1. Basic direction and objectives for the improvement of quality of life of the tenants;
2. Matters for the development of programs to foster communities of tenants and the financial support therefor;
3. Matters for the subsidization for the installation and maintenance of conveniences, such as elevators for the elderly, the weak, and the disabled;
4. Matters for the subsidization for the maintenance and repairing works of old facilities and for the improvement of functions of such facilities;
5. Matters for the subsidization of the expenses for the installation of equipment inside the welfare service facilities and the operation of the facilities;
6. Other matters specified by Presidential Decree as necessary for the improvement of housing welfare for tenants.
(3) When the Minister of Land, Infrastructure and Transport formulates a basic plan pursuant to paragraph (1), he/she shall report it to the relevant standing committee of the National Assembly.
(4) The Minister of Land, Infrastructure and Transport shall formulate and implement yearly implementation plans in accordance with the basic plan (hereinafter referred to as “implementation plan”).
(5) Matters necessary for the formulation and implementation of the basic plan and implementation plans shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 14951, Oct. 24, 2017]
 Article 3-2 (Support of State, etc. for Improvement of Quality of Life)
The State and a local government shall provide financial support for the efficient implementation of the basic plan and implementation plans.
[This Article Newly Inserted by Act No. 14951, Oct. 24, 2017]
 Article 4 (Participation of Tenants)
Each project owner shall establish a plan for vitalizing tenants' communities to improve the quality of their lives, encourage tenants to participate in the plan, and cooperate with tenants.
 Article 5 (State Subsidization of Rent)
Where a project owner charges tenants for rent at differential rates, depending upon their income level in accordance with Article 49 (4) of the Special Act on Public Housing, the State may grant the project owner, as a subsidy within budget limits, a difference between the total amount of rent calculated by applying standard terms and conditions of rental and the total amount of rent charged to tenants at differential rates, as prescribed by Presidential Decree. <Amended by Act No. 13499, Aug. 28, 2015>
 Article 6 (Application for Relocation of Long-Term Public Rental Houses)
Any tenant may file an application for relocating to another long-term public rental house on any of the following grounds, and a project owner upon receipt of such application may allocate a house in the order of application:
1. Where a long-term public rental house in which the tenant resides is to be remodelled;
2. Where a tenant is required to evacuate, due to a natural disaster or any other calamity, from a long-term public rental house in which he/she resides;
3. Where any other cause not attributable to the tenant and specified by Presidential Decree occurs.
 Article 7 (Project Owner's Duty of Management)
(1) Each project owner shall maintain the appropriate level that tenants can reside in long-term public rental houses and can use welfare service facilities therefor.
(2) Each project owner shall accumulate a special reserve for repairing works pursuant Article 50 (4) of the Special Act on Public Housing for the replacement of and repairing works for main facilities. <Amended by Act No. 13499, Aug. 28, 2015>
 Article 8 (Remodelling of Long-Term Public Rental Houses)
(1) Any project owner may remodel (referring to "remodel" under Article 2 of the Housing Act) long-term public rental houses and welfare service facilities therefor, if necessary to prevent buildings from deteriorating or to improve functions of deteriorated buildings.
(2) Where a project owner remodels long-term public rental houses and welfare service facilities pursuant to paragraph (1), the State shall provide the project owner with subsidies for the cost and expenses therefor.
 Article 9 (Reconstruction of Long-Term Public Rental Houses)
(1) Any project owner may reconstruct long-term public rental houses and welfare service facilities pursuant to the Act on the Improvement of Urban Areas and Residential Environments.
(2) The number of long-term public rental houses reconstructed pursuant to paragraph (1) shall exceed the number of pre-existing long-term public rental houses.
 Article 10 (Relaxed Application of Building-to-Land Ratio, etc.)
(1) Where long-term public rental houses are remodelled pursuant to Article 8 or reconstructed pursuant to Article 9, the restrictions on the building-to-land ratio, the floor area ratio, and the height may be relaxed to the extent prescribed by Presidential Decree, notwithstanding the National Land Planning and Utilization Act and the Building Act.
(2) Any project owner who remodels long-term public rental houses pursuant to Article 8 or reconstructs such houses pursuant to Article 9 by using the building-to-land ratio, floor area ratio, and height relaxed under paragraph (1) shall take into consideration environmental factors in surroundings, such as wind pathways.
 Article 10-2 (Extension of Long-Term Public Rental Housing Complex)
(1) Notwithstanding the provisions of Articles 54 and 66 (1) of the Housing Act and Article 35 (1) of the Multi-Family Housing Management Act, a project owner may construct and supply the rental houses under subparagraph 1 (a) of Article 2 of the Special Act on Public Housing by constructing a separate building or buildings in a long-term public rental housing complex, as prescribed by Presidential Decree. <Amended by Act No. 12251, Jan. 14, 2014; Act No. 13474, Aug. 11, 2015; Act No. 13498, Aug. 28, 2015; Act No. 13805, Jan. 19, 2016>
(2) Notwithstanding the provisions of Article 35 of the Special Act on Public Housing, a project owner who intends to construct and supply the rental houses pursuant to paragraph (1) shall prepare a project plan for extension (including plans for installing ancillary facilities and welfare facilities; hereinafter referred to as "project plan" in this Article) as prescribed by Presidential Decree, and obtain approval from the Minister of Land, Infrastructure and Transport or the head of a relevant local government (hereinafter referred to as "approving authority" in this Article), and the same shall apply where the project owner intends to change the project plan. In such cases, a project owner shall obtain approval of a majority of the users (referring to the users referred to in subparagraph 28 of Article 2 of the Housing Act) of the long-term public rental housing complex. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 12251, Jan. 14, 2014; Act No. 13498, Aug. 28, 2015; Act No. 13805, Jan. 19, 2016>
(3) With regard to a building or buildings to be constructed and the site of a complex in which such a building or buildings are to be located may be approved by relaxing construction standards under the Building Act or housing construction standards under the Special Act on Public Housing, as prescribed by Presidential Decree. <Newly Inserted by Act No. 13801, Jan. 19, 2016>
(4) A project owner who has obtained the approval of a project plan shall be deemed to have received the following permission, report, decision, or designation, and a public notice of approval of a project plan shall be deemed a public notice or announcement thereof under the following relevant Acts: <Amended by Act No. 10599, Apr. 14, 2011; Act No. 12251, Jan. 14, 2014>
1. A building permit under Article 11 of the Building Act, a building report under Article 14 of the same Act, permission for or report on the erection of a temporary building under Article 20 of the same Act;
2. A decision on an urban and county management plan under Article 30 of the National Land Planning and Utilization Act (referring to any of the following plans under subparagraph 4 of Article 2 of the same Act and the district unit plan under Article 49 of the same Act), permission to engage in development activities under Article 56 of the same Act, designation of the implementor of a project related to urban or county planning facilities under Article 86 of the same Act, and authorization for an implementation plan under Article 88 of the same Act;
3. Permission for implementation of road works under Article 36 of the Road Act, and permission for the occupation and use of roads under Article 61 of the same Act;
4. Authorization of waterworks business under Article 17 or 49 of the Water Supply and Waterworks Installation Act, and authorization to install waterworks for exclusive use under Article 52 of the same Act;
5. Permission for execution of construction or maintenance of a public sewerage under Article 16 of the Sewerage Act.
(5) Where an approving authority intends to approve a project plan under paragraph (2) including the matters referred to in paragraph (3), it shall, in advance, consult with the head of a relevant administrative agency. In such cases, the head of the relevant administrative agency shall submit his/her opinion within 30 days after receipt of request for consultations, and he/she shall be deemed to have no case if he/she fails to present his/her opinion until that period expires. <Amended by Act No. 13801, Jan. 19, 2016>
(6) Unless otherwise provided in this Act, the Special Act on Public Housing shall apply to the construction of houses under paragraph (1). <Amended by Act No. 12251, Jan. 14, 2014; Act No. 13498, Aug. 28, 2015>
(7) Where rental houses are constructed and supplied under paragraph (1), the project owner may provide support prescribed by Presidential Decree, such as preferential rights to move into the relevant houses, in order to ensure the housing stability of the existing tenants.
[This Article Newly Inserted by Act No. 10262, Apr. 15, 2010]
 Article 10-3 (Operation of Welfare Service Facilities)
(1) The State or local governments may operate welfare service facilities or entrust the operation thereof in a long-term public rental housing complex.
(2) The State or local governments may support expenses necessary for efficient operation of welfare service facilities referred to in paragraph (1).
(3) Matters necessary for the entrustment of operation of welfare service facilities pursuant to paragraph (1) and methods of and procedures for support pursuant to paragraph (2) shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 13801, Jan. 19, 2016]
 Article 10-4 (Use of Communal Facilities)
(1) A business entity may allow any of the following organizations to use communal facilities prescribed by Presidential Decree under subparagraph 14 (b) of Article 2 of the Housing Act (hereinafter referred to as “communal facilities”) among welfare facilities after receiving consent of the tenants, notwithstanding Article 35 (1) 1 of the Multi-Family Housing Management Act:
1. Social enterprises under subparagraph 1 of Article 2 of the Social Enterprise Promotion Act;
2. Social cooperatives under subparagraph 3 of Article 2 of the Framework Act on Cooperatives;
3. Other non-profit organizations prescribed by Presidential Decree that perform business to promote the housing welfare of tenants.
(2) Where a business entity allows the use of communal facilities pursuant to paragraph (1), he/she/it shall report thereon to the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu).
(3) Articles 35 and 102 of the Multi-Family Housing Management Act shall apply mutatis mutandis to the ratio of consent of the tenants, methods of and procedures for consent, reporting and cancellation of reporting under paragraph (2), imposition of administrative fines, and other matters. In such cases, “tenants, etc. or management entity” shall be construed as “business entity,” and “tenants or tenants, etc.” shall be construed as “tenant.”
[This Article Newly Inserted by Act No. 15457, Mar. 13, 2018]
 Article 11 (Relations with other Acts)
Except as otherwise provided for in this Act, the provisions of the Housing Act, the Multi-Family Housing Management Act, and the Special Act on Public Housing shall apply mutatis mutandis to the construction, supply, and management of long-term public rental houses. <Amended by Act No. 12251, Jan. 14, 2014; Act No. 13474, Aug. 11, 2015; Act No. 13499, Aug. 28, 2015>
ADDENDUM
This Act shall enter into force on January 1, 2010.
ADDENDUM <Act No. 10262, Apr. 15, 2010>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 10599, Apr. 14, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 9 Omitted.
ADDENDA <Act No. 11599, Dec. 18, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 12248, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 25 Omitted.
ADDENDA <Act No. 12251, Jan. 14, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 12989, Jan. 6, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 13474, Aug. 11, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 36 Omitted
ADDENDA <Act No. 13498, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 13499, Aug. 28, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force four months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 16 Omitted.
ADDENDA <Act No. 13801, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the amended provisions of Articles 3 and 10-3 shall enter into force six months after the date of the promulgation.
Article 2 (Applicability to Extension of Long-Term Public Rental Housing Complex)
The amended provisions of Article 10-2 shall apply, starting from the first cases of applying for the approval of project plan.
ADDENDA <Act No. 13805, Jan. 19, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on August 12, 2016.
Articles 2 through 22 Omitted.
ADDENDA <Act No. 14951, Oct. 24, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to Formulation of First Basic Plan and Implementation Plan)
The Minister of Land, Infrastructure and Transport and the heads of local governments shall formulate the first basic plan and implementation plans under the amended provisions of Article 3 by January 1, 2019.
ADDENDUM <Act No. 15457, Mar. 13, 2018>
This Act shall enter into force six months after the date of its promulgation.