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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON SUPPORT, ETC. FOR INVIGORATION OF COMMUNITY HOUSING

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON SUPPORT, ETC. FOR INVIGORATION OF COMMUNITY HOUSING

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to prescribe matters related to the support, management, etc. of community housing promotion projects to proliferate dwelling culture of community housing where citizens reside with neighbors.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows:
1. The term "community housing" means housing and quasi-housing defined in Article 2 of the Housing Act in which tenants have community spaces and community bylaws and make community activities a way of life by solving their common problems regularly;
2. The term "community space" means a space used by tenants as a meeting room, childcare room, study room, collaborative workplace, etc., which is a common facility that meets the purpose of the community housing;
3. The term "community bylaws" means the agreement established by the tenants of community housing on the matters to be observed regarding community life, housing management, etc.;
4. The term "community housing project operator" (hereinafter referred to as "project operator") means any of the following business entities that leases or sells community housing units after constructing or remodeling them:
(a) A non-profit-making corporation or profit-making corporation under the Civil Act;
(b) A public interest corporation under the Act on the Establishment and Operation of Public Interest Corporations;
(c) A cooperative, federation of cooperatives, social cooperative, or federation of social cooperatives under the Framework Act on Cooperatives;
(d) A social enterprise under the Social Enterprise Promotion Act;
(e) Any other business entity that intends to sell community housing or hold the title of community housing.

Article 3 (Types of Community Housing) Types of community housing shall be as follows:
1. Community housing for rent:
(a) Public rental community housing: Community housing that the Seoul Metropolitan City Mayor (hereinafter referred to as the "Mayor") or the President of the Seoul Housing and Communities Corporation (hereinafter referred to as the "President") leases after constructing or remodeling it;
(b) Rental community housing based on public-private partnership: Community housing that a project operator leases after constructing or remodeling it with the support of the Mayor or the President (hereinafter referred to as the "Mayor, etc.") in renting, etc. land or buildings;
(c) Private rental community housing: Community housing that a project operator leases after constructing or remodeling it;
2. Community housing for sale: Community housing sold to tenants by a project operator or constructed, purchased or remodelled and owned by tenants.

Article 4 (Principle of Preserving Public Assets) Where the Mayor, etc. supports an asset in kind, such as public land, to a project operator, the project operator shall reinstate and return the asset to the Mayor, etc. when the relevant project is terminated or discontinued: Provided, That if it is difficult to reinstate the relevant asset due to existence of a building, etc. which has a value after depreciation or a residual value, the project operator shall return it in the state as at the time the project is terminated or discontinued.

Article 5 (Relationship to Other Statutes and Regulations) This Ordinance shall apply to community housing except as otherwise expressly provided for in any other statutes, regulations, or municipal ordinances.

CHAPTER II SUPPORT, ETC. FOR INVIGORATION OF COMMUNITY HOUSING Article 6 (Formulation of Master Plans) (1) The Mayor shall formulate a Seoul Metropolitan Government master plan to invigorate community housing (hereinafter referred to as "master plan") every five years to proliferate dwelling culture of community housing and to efficiently support the same.
(2) A master plan shall include the following matters:
1. Direction-setting, promotion plan, and support systems for the policies for disseminating and supporting dwelling culture of community housing;
2. A plan to establish and operate the Seoul Metropolitan City Community Housing Support Center;
3. Composing and operating a public-private partnership system;
4. Developing sites for community housing;
5. Other matters necessary for disseminating and supporting dwelling culture of community housing.
(3) When the Mayor intends to formulate a master plan, he/she shall hear the opinions of citizens, related experts, etc. and finalize it after hearing the opinion of the Seoul Metropolitan Council and following deliberation by the Residential Policy Deliberation Committee.
(4) The Mayor shall formulate and implement an annual implementation plan including measures for administrative and financial support for project planning and project promotion.

Article 7 (Support for Invigorating Community Housing) The Mayor, etc. may provide the following support within budgetary limits, to invigorate community housing:
1. Leasing sites for construction of community housing;
2. Managing community housing and outsourcing such management;
3. Granting loans or subsidies to cover expenses for constructing, purchasing, and remodeling community housing;
4. Subsidizing the operation of programs to encourage community activities in community housing and supporting human resources;
5. Providing information on housing sites related to the construction of community housing, community programs for residents, and other relevant information;
6. Other matters that the Mayor deems necessary for invigorating community housing.

Article 8 (Support for Residents of Existing Public Rental Housing) Where it is necessary to relocate residents of any public rental housing to another public rental housing to implement a community housing project under subparagraph 1 (a) or (b) of Article 3, the Mayor, etc., may partially subsidize their rents.

Article 9 (Establishment of Cooperation System) Where necessary to efficiently invigorate community housing, the Mayor may establish a cooperation system with related organizations, such as autonomous Gus, related non-governmental organizations, associations and cooperatives, and the Seoul Housing and Communities Corporation.

Article 10 (Lenient Standards for Installing Parking Lots) Where a project operator supplies any community housing, he/she shall install parking lots in the community housing in accordance with Article 27 of the Regulations on Housing Construction Standards, Etc.: Provided, That any of the following lenient standards may apply to parking lots of studio-type housing installed under Article 10 (1) 1 of the Enforcement Decree of the Housing Act:
1. Where the area for exclusive use does not exceed 30 square meters: 0.35 car per household;
2. Where the area for exclusive use exceeds 30 square meters but not 50 square meters: 0.4 car per household.

CHAPTER Ⅲ CERTIFICATION, SUPPORT, ETC. OF SEOUL-STYLE COMMUNITY HOUSING Article 11 (Certification of Seoul-Style Community Housing) (1) The Mayor may certify community housing under subparagraphs 1 (b) and (c) and 2 of Article 3 as Seoul-style community housing, based on the following matters:
1. Space plan: Residential space and community space of the community housing;
2. Space operation plan: Programs for invigorating community activities in the community housing;
3. Space management plan: Operating, maintaining and repairing community housing.
(2) Certification may be classified into preliminary certification and main certification.
(3) The Mayor may separately determine details of the standards for certifying Seoul-style community housing.

Article 12 (Certification Procedures) (1) A person who intends to obtain certification of Seoul-style community housing shall file an application with the Mayor.
(2) Upon receipt of an application under paragraph (1), the Mayor shall determine whether he/she grants certification after conducting onsite screening, etc. and notify his/her decision to the applicant.
(3) The Mayor may separately determine details of certification procedures.

Article 13 (Revocation of Certification) Where any housing certified as Seoul-style community housing falls under any of the following cases, the Mayor may revoke the certification:
1. Where the relevant housing is certified as Seoul-style community housing by deceit or other fraudulent means;
2. Where it becomes impossible to continue construction of the community housing due to the business of the project operator being suspended or discontinued, or his/her bankruptcy;
3. Where the plans under Article 11 (1) are not implemented;
4. Other cases where the Mayor deems it unsuitable for Seoul-style community housing.

Article 14 (Provision of Secondary Support) (1) The Mayor may provide secondary support to a project operator for loans to cover the costs of constructing, purchasing or remodelling Seoul-style community housing certified under Article 11.
(2) A period for secondary support shall be from the month that follows the receipt of a loan to the eighth anniversary after the completion (approval for use) of community housing: Provided, That where the loan becomes due within the period for secondary support, the termination date of the secondary support shall be the due date for repaying the loan.
(3) The rate of the secondary support under paragraph (1) shall not exceed two percent.
(4) The Mayor may discontinue support in any of the following cases:
1. Where the certification of the relevant housing as Seoul-style community housing is revoked;
2. Where the project operator discontinues the community housing project: Provided, That where the project operator is replaced during the period of support, the new project operator may succeed to the secondary support;
3. Other cases where a reasonable ground exists to discontinue the secondary support.

Article 15 (Utilization of Community Spaces) A project operator in receipt of secondary support under Article 14 shall endeavor to operate programs in which local residents can participate by utilizing community spaces.

CHAPTER IV SEOUL METROPOLITAN CITY COMMUNITY HOUSING SUPPORT CENTER, ETC. Article 16 (Establishment of Support Center) The Mayor may establish the Seoul Metropolitan City Community Housing Support Center (hereinafter referred to as the "Support Center") to systematically proliferate dwelling culture of community housing, to support project operators, and to invigorate community housing: Provided, That where the Seoul Metropolitan City Comprehensive Social Housing Support Center has been established pursuant to the Seoul Metropolitan Government Ordinance on Support, etc. for Promotion of Social Housing, the Mayor may entrust it with the functions of the Support Center.

Article 17 (Functions of Support Center) The Support Center shall perform the following functions:
1. Formulating and implementing business plans of the Support Center;
2. Conducting questionnaire surveys, demand surveys and status surveys to invigorate community housing;
3. Supporting programs, etc. for invigorating community housing;
4. Supporting plans to formulate, implement and evaluate projects for supporting project operators;
5. Implementing projects on relationship networks among project owners, tenants, and local residents;
6. Other matters that the Mayor deems necessary.

Article 18 (Managing and Operating Support Center) (1) In order to efficiently manage and operate the Support Center, the Mayor may entrust the relevant affairs to a related corporation, or organization, etc. pursuant to the Seoul Metropolitan Government Ordinance on Entrustment of Administrative Affairs to the Private Sector.
(2) Where deemed necessary to efficiently operate the Support Center, the Mayor may dispatch public officials under his/her control to the Support Center pursuant to Article 30-4 of the Local Public Officials Act.

Article 19 (Guidance on and Supervision of Operation of Support Center) (1) The Mayor may require the entrusted institution to report necessary matters related to the processing of entrusted affairs; or may inspect documents, facilities, etc. necessary for guidance on and supervision of entrusted affairs.
(2) The Mayor may take necessary measures, if processing of any entrusted affairs is deemed illegal or unfair in the course of an inspection conducted pursuant to paragraph (1).
(3) When taking measures under paragraph (2), the entrusted institution shall be notified thereof in writing, and shall be given a prior opportunity to state its opinion.

Article 20 (Revocation, etc. of Outsourcing Contracts) (1) The Mayor may revoke an outsourcing contract in any of the following cases:
1. Where the entrusted institution violates any statute and regulations or municipal ordinance;
2. Where the entrusted institution violates the entrustment contract.
(2) Where the Mayor intends to revoke an outsourcing contract pursuant to paragraph (1), he/she shall provide a prior opportunity to the entrusted institution to state its opinion.
(3) When an outsourcing contract is revoked pursuant to paragraph (1), the entrusted institution shall return the entrusted facilities and accumulated intellectual property, etc. without delay.


ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.