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
Act No. 17612, Dec. 8, 2020
Act No. 17949, Mar. 16, 2021
The purpose of this Act is to contribute to the improvement of the quality of lives of tenants in long-term public rental housing 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 housings.
The terms used in this Act are defined as follows: <Amended on Dec. 18, 2012; Jan. 6, 2015>
| 1. | The term "long-term public rental housing" 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 housing" means a person who resides in long-term public rental housing; |
| 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 housing (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 or 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 on Oct. 24, 2017]
| Article 3-2 (Support of State 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 on Oct. 24, 2017]
| Article 3-3 (Fact-Finding Survey) |
| (1) | The Minister of Land, Infrastructure and Transport or the head of a local government may conduct a fact-finding survey on matters prescribed by Presidential Decree (hereafter in this Article referred to as "fact-finding survey") annually, such as the deterioration of facilities of long-term public rental housing, the installation of convenience facilities, and the installation of equipment within welfare service facilities, to efficiently formulate and implement a basic plan and an implementation plan. |
| (2) | If necessary to conduct a fact-finding survey, the Minister of Land, Infrastructure and Transport or the head of a local government may request the head of a relevant central administrative agency or the head of a relevant institution or organization to submit necessary data or to state his or her opinion. In such cases, a person who has received such request shall comply therewith unless there is a compelling reason not to do so. |
| (3) | The Minister of Land, Infrastructure and Transport or the head of a local government may hear opinions of a project owner and residents, if necessary to conduct a fact-finding survey. |
[This Article Newly Inserted on Dec. 8, 2020]
| 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 on Aug. 28, 2015>
| Article 6 (Application for Relocation of Long-Term Public Rental Housing) |
Any tenant may file an application for relocating to another long-term public rental housing on any of the following grounds, and a project owner upon receipt of such application may allocate a house in the order of application: <Amended on Mar. 16, 2021>
| 1. | Where long-term public rental housing in which the tenant resides is to be remodeled or a redevelopment project is implemented under Article 9; |
| 2. | Where a tenant is required to evacuate, due to a natural disaster or any other calamity, from a long-term public rental housing in which he or 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 housing and can use welfare service facilities therefor. |
| 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 housing 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 housing 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 (Implementation of Projects for Redeveloping Long-Term Public Rental Housing) |
| (1) | A project owner who owns all of a long-term public rental housing complex may demolish the relevant long-term public rental housing and welfare service facilities under the Act on the Management of Buildings and implement a project for constructing and supplying public housing under the Special Act on Public Housing (hereinafter referred to as "redevelopment project"). In such cases, the number of long-term public rental housings to be redeveloped shall exceed the number of the existing long-term public rental housing. |
| (2) | The project owner of a redevelopment project shall prepare a project plan including the following as prescribed in Article 35 (1) of the Special Act on Public Housing (hereinafter referred to as "project plan") and publicly announce such plan for at least 60 days before filing an application for approval of the plan, and shall submit it to the council of lessees' representatives of the relevant long-term public rental housing (limited to where the council of lessees' representatives is organized under Article 50 (1) of the Special Act on Public Housing; hereinafter the same shall apply): |
| 1. | Matters regarding the relocation of tenants under Article 6; |
| 2. | Matters regarding relocation measures, such as compensating tenants and lessees of welfare service facilities (hereinafter referred to as "tenants, etc.") for costs required for relocation; |
| 3. | Matters regarding preferential rights of the existing tenants to move into long-term public rental housing constructed and supplied under the redevelopment project. |
| (3) | The project owner of a redevelopment project shall have a consultation with the council of lessees' representatives and tenants, etc. on a project plan. |
| (4) | Where a project plan prepared based on the results of a consultation prescribed in paragraph (3) is approved under Article 35 (1) of the Special Act on Public Housing, a project owner may terminate a lease contract concluded with a tenant, etc. or need not enter into a contract for renewal. |
| (5) | Matters necessary for the preparation and public announcement of a plan for a redevelopment project, preferential rights to move into long-term public rental houses, the formulation and implementation of relocation measures, etc. shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Mar. 16, 2021]
| Article 10 (Relaxed Application of Building-to-Land Ratio) |
| (1) | Where long-term public rental houses are remodeled pursuant to Article 8 or a redevelopment project is conducted 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. <Amended on Mar. 16, 2021> |
| (2) | Any project owner who remodels long-term public rental houses pursuant to Article 8 or conducts a redevelopment project 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. <Amended on Mar. 16, 2021> |
[Title Amended on Mar. 16, 2021]
| Article 10-2 (Extension of Long-Term Public Rental Housing Complex) |
| (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 on Mar. 23, 2013; Jan. 14, 2014; Aug. 28, 2015; 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 under paragraph (2) 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 on 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 on Apr. 14, 2011; Jan. 14, 2014; Jan. 19, 2016> |
| (5) | Where an approving authority intends to approve a project plan under paragraphs (2) and (3), it shall, in advance, consult with the head of a relevant administrative agency if matters falling under any subparagraph of paragraph (4) are included in the project plan. In such cases, the head of the relevant administrative agency shall submit his or her opinion within 30 days after receipt of request for consultations, and he or she shall be deemed to have no case if he or she fails to present his or her opinion until that period expires. <Amended on Jan. 19, 2016> |
| (6) | Except as provided in this Act, the Special Act on Public Housing shall apply to the construction of houses under paragraph (1). <Amended on Jan. 14, 2014; Aug. 28, 2015; Jan. 19, 2016> |
| (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. <Amended on Jan. 19, 2016> |
[This Article Newly Inserted on 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 on Jan. 19, 2016]
| Article 10-4 (Use of Communal Facilities) |
| 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 or 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 on Mar. 13, 2018]
| Article 11 (Relationship to Other Statutes) |
ADDENDUM <Act No. 9542, Mar. 25, 2009>
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. |
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.
ADDENDUM <Act No. 17612, Dec. 8, 2020>
This Act shall enter into force six months after the date of its promulgation.
ADDEMDUM <Act No. 17949, Mar. 16, 2021>
This Act shall enter into force six months after the date of its promulgation.