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THE ENFORCEMENT RULES OF THE MUNICIPAL ORDINANCE OF SEOUL METROPOLITAN CITY ON THE CONSTRUCTION, SUPPLY, ETC.

THE ENFORCEMENT RULES OF THE MUNICIPAL ORDINANCE OF SEOUL METROPOLITAN CITY ON THE CONSTRUCTION, SUPPLY, ETC.

CHAPTER Ⅰ GENERAL PROVISIONS Article 1 (Purpose) The purpose of these Rules is to provide for matters delegated by the Municipal Ordinance of Seoul Metropolitan City on the Construction, Supply, etc. of Public Housing and under Articles 32-2 of the Housing Supply Rules and matters necessary for the enforcement thereof.

Article 2 (Definitions) The terms used in these Rules shall be defined as follows:
1. The term "long-term jeonse house" means a rental house referred to in subparagraph 3-2 of Article 2 of the Rental Housing Act;
2. The term "householder" means the head of a household comprised of spouse and household members who are lineal ascendants (in cases of selecting persons eligible for occupation under Article 12 of the Housing Supply Rules, including spouse's lineal ascendants) or lineal descendants listed in the resident registration card of each household: Provided, That householders who have no spouse and household members who are lineal ascendants and descendants listed in the resident registration card of each household (hereinafter referred to as "single-member household") and reached the legal age referred to in Article 4 of the Civil Act (hereinafter referred to as “person of legal age") shall be considered as householders;
3. The term "homeless householder" means a homeless householder referred to in subparagraph 9 of Article 2 of the Housing Supply Rules;
4. The term "occupant" means a tenant who moves into a long-term jeonse house by concluding a housing rental contract (hereinafter referred to as "contract") as he/she is selected as a lottery winner for long-term jeonse housing;
5. The term "occupant's savings" means the occupant's savings referred to in Article 75 of the Housing Act;
6. The term "person in charge of management" means the SH Corporation which directly constructs long-term jeonse houses or conducts the duty to supply and manage long-term jeonse houses as entrusted by the mayor of Seoul Metropolitan City (hereinafter referred to as the "mayor");
7. The term "jeonse price" means a price determined to be 80% or below of the average jeonse contract amount of two or three apartment complexes which are similar to the relevant rental house in terms of type, size, living conditions, etc. among houses which are located in the same Si/Gun/Gu as that of public rental houses supplied by the person in charge of management as long-term jeonse houses and houses in adjacent Sis/Guns/Gus: Provided, That where it is difficult to select complexes which are similar in terms of size, etc. in adjacent areas for comparison with the relevant public house, survey, calculation, etc. may be entrusted to specialized research institutions;
8. The term "lottery winner" means a person selected by the person in charge of management according to the standards for selection of occupants in Articles 3 and 4 and finally determined to be eligible for contracting by separately confirming eligibility for occupation in term of homeowner or not, income standards, etc., appropriateness and truthfulness of matters in applications, etc.;
9. The term "contractor" means a person with whom the person in charge of management concludes a contract after determining such person to be eligible to occupy a long-term jeonse house.

CHAPTER Ⅱ STANDARDS FOR SELECTION AND MANAGEMENT OF OCCUPANTS OF LONG-TERM JEONSE HOUSES Article 3 (Eligibility of Occupants and Standards for Selection of Occupants) (1) The person in charge of management shall, when supplying long-term jeonse houses, select occupants by applying the following income standards: Provided, That in cases of houses constructed and supplied with the support of the treasury of the State and funds from the National Housing Funds (the portion converted to national rental housing) in Article 8 (1) 1 of the Municipal Ordinance of Seoul Metropolitan City on the Construction, Supply, etc. of Public Housing (hereinafter referred to as the "Municipal Ordinance") shall follow the income standards in Article 32 of the Housing Supply Rules:
1. A house with an exclusive-use area of 60 m2 or below: 100 percent or blow of average monthly income of urban workers of the preceding year (Provided, That houses which fall under subparagraph 1 of Article 8 of the Municipal Ordinance shall be preferentially supplied to persons whose income accounts for 70 percent or below of average monthly income of urban workers of the preceding year);
2. A house with an exclusive-use area of more than 60 m2 and not more than 85 m2: 120 percent or below of average monthly income of urban workers of the preceding year;
3. A house with an exclusive-use area of more than 85 m2: 150 percent or below of average monthly income of urban workers of the preceding year.
(2) Eligibility and standards for selection of occupants of long-term jeonse houses referred to in subparagraphs 2 through 4 of Article 8 of the Municipal Ordinance are as shown in Annex Ⅰ.
(3) Where there is competition in the same rank when supplying long-term jeonse houses, the person in charge of management shall select occupants as shown in Annex Ⅱ: Provided, That in cases of supplying houses in Article 32 (1) and (2) of the Housing Supply Rules as long-term jeonse houses, he/she shall select the occupants under paragraph 12 of the same Article.
(4) The person in charge of management may preferentially supply additional long-term jeonse houses within the scope of ten percent of the amount of supply of long-term jeonse houses under Article 32-2 (3) of the Housing Supply Rules as follows: Provided, That eligibility and standards for selection of occupants in subparagraph 2 are as shown in Annex Ⅲ:
1. A homeless householder who has three or more children who are minors under the Civil Act: A house with an exclusive-use area of more than 60 m2 and not more than 85 m2;
2. A homeless householder who has four or more children who are minors under the Civil Act: A house with an exclusive-use area of more than 85 m2.

Article 4 (Standards for Real Estate and Automobiles Owned by Occupants) Standards for real estate and automobiles owned by occupants of long-term jeonse houses shall follow the standards announced by the Minister of Land, Infrastructure and Transport under Article 32-2 (6) of the Housing Supply Rules (hereafter referred to as the "Standards" in this Article). In such cases, the same standards as those of national rental houses in Article 2 (2) of the Standards shall apply to houses with an exclusive-use area of 60m2 or below and only the value amounts of real estate in Article 2 (1) 1 of the Standards shall apply to houses with an exclusive-use area of more than 60 m2.

Article 5 (Extra Charges for Persons Exceeding Income Standards at Times of Renewal of Contract) (1) Where an occupant of a long-term jeonse house fails to comply with the income standards in Article 3 (1), the person in charge of management shall additionally charge an amount obtained by multiplying the amount of the renewed contract as of the date of renewal of contract by the following extra charge rates according to the degree of exceeding the income standards:

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                              Extra charge rates          
Rates of exceeding       ------------------------------------------------------------------------
the income standards         First renewal of contract        Second renewal of contract
                 of persons whose income exceeds    of persons whose income exceeds
-------------------------------------------------------------------------------------------------------
Ten percent or below             100 percent             105 percent
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More than ten percent             105 percent             110 percent
and not more than 30 percent                  
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More than 30 percent             110 percent             120 percent
and not more than 50 percent                  
-------------------------------------------------------------------------------------------------------

(2) Where an occupants exceeds the income standards in paragraph (1) by a rate exceeding 50 percent, the person in charge of management shall take a measure for evaluation within six months from the date of termination of period of rental.

Article 6 (Times of and Procedures for Selection of Occupants) (1) The person in charge of management shall determine times of selection of occupants in consideration of times, amounts, etc. of housing supply.
(2) Houses to be occupied by persons to be selected as occupants of long-term jeonse houses (building numbers and housing unit numbers) shall be determined through a computer lottery.
(3) The person in charge of management shall, when selecting occupants under Article 3, select occupants by following the procedures prescribed in Article 8 of the Housing Supply Rules after formulating and reporting to the mayor a long-term jeonse house supply plan.
(4) The invitation of occupants shall proceed in the procedures of public notice of invitation, receipt of applications, announcement of persons eligible for document examination, announcement of lottery winners, contracting, etc.

Article 7 (Occupation Contracts, etc.) (1) The initial period of rental of long-term jeonse houses shall be two years, on condition that if the eligibility is maintained, the contract may be renewed every two years for stay for maximum 20 years. In such cases, with respect to persons who win a lottery again, the aggregate of periods of living before then shall not exceed 20 years.
(2) Each occupation contract shall include Article 8 (management of occupants) and Article 9 (cancellation of contracts, evacuation, etc.).
(3) The person in charge of management shall conclude contracts after confirming whether persons eligible for occupation are homeowners by the methods and procedures in Article 21-2 (1) of the Housing Supply Rules.
(4) Where a contract is cancelled or terminated, the person in charge of management may indicate compensation for illegal stay, etc. in the contract and claim for compensation.

Article 8 (Management of Occupants) (1) The person in charge of management shall manage application data, lottery winner data, occupants data, etc. by using electronic media.
(2) The person in charge of management shall conduct fact-finding surveys not less than twice within six months from the date of occupation and not less than twice each year thereafter and when discovering any violation of matters in the contract, take legal measures, such as evacuation. In such cases, he/she may adopt the integrated patrol manager system, etc. in consideration of the number of households by housing complex for rational operation.
(3) The person in charge of management shall confirm whether the occupants (including members of household) own houses not less than once each year after occupation. In such cases, Articles 21-2 and 22 of the Housing Supply Rules shall apply mutatis mutandis to procedures and methods of confirmation.
(4) The person in charge of management may invite applicants for occupation by separately allocating lower floors (first and second floors) at the time of announcing the invitation of applicants for occupation, and may, when an occupant (including members of household) desires to move to a lower floor (first through third floors) due to a disability, disease, etc., permit such movement as far as it is possible to supply.
(5) Under the circumstance that an occupant evacuates a long-term jeonse house due to a marriage, divorce, death, etc., if any of the remaining members of household who succeeds to the right of rental (he/she shall comply with the requirements for eligibility for occupation) requests to change the name of the occupant in order to continue to live in the relevant long-term jeonse house, such request may be accepted, and in such cases, he/she may live for maximum 20 years including the period of the previous stay.
(6) The person in charge of management may, if necessary for the selection and management of occupants, request relevant agencies to provide him/her with computerized information on applicants' resident registration, state of holding real estate and automobiles, etc.

Article 9 (Cancellation of Contracts, Evacuation, etc.) Where an occupant falls under any of the following cases, the person in charge of management shall cancel the contract, take a measure for evaluation, etc.:
1. Where an occupant comes to own another house during the period of rental;
2. Where an occupant is found to have transferred the right of renting the long-term jeonse house to another person or underleased such house to another person;
3. Where an occupant violates any matter in the contract which falls into the causes of evacuation.
(2) The person in charge of management shall, when falling under paragraph (1) 1 and 3, take a measure for evacuation within six months from the date on which such causes occur and when falling under paragraph (1) 2, take a measure for evacuation without delay and then treat the persons involved in the underlease, etc. under the Rental Housing Act.

Article 10 (Conditions of Rental) (1) The person in charge of management shall determine jeonse prices of long-term jeonse houses under subparagraph 7 of Article 2: Provided, That rental houses constructed with the support of the treasury of the State and National Housing Funds shall follow the public notices (Standard Housing Rental Deposits and Standard Rent of National Rental Houses) of the Ministry of Land, Infrastructure and Transport.
(2) Where unoccupied houses which occur in housing complexes supplied by the method of invitation of applicants for occupation are re-supplied within one year from the date of announcement of invitation of applicants for occupation, such houses shall be supplied at the original jeonse prices, and unoccupied houses which occur thereafter may be supplied by re-calculating the jeonse prices within the scope of 80 percent of market prices in the adjacent areas.
(3) Jeonse prices may be adjusted under Article 2 (Standards, etc. for Raising Rent, etc.) of the Enforcement Decree of the Housing Lease Protection Act: Provided, That with respect to occupants of long-term jeonse houses supplied under Article 3 (1) who exceed the income standards for occupation at the time of renewal of contract, extra charges in addition to jeonse deposits shall be imposed or a measure for evacuation shall be taken under Article 5.
(4) The person in charge of management may adjust jeonse prices of long-term jeonse houses in an appropriate level according to the fluctuations of housing markets, such as falling of housing prices.

Article 11 (Maintenance and Repairing of Houses) (1) Repairing costs incurred from the aging, damage, etc. of long-term jeonse houses and the auxiliary facilities thereto during the period of renting such long-term jeonse houses shall be borne as stipulated in the deed of contract.
(2) The person in charge of management may, when an occupant evacuates, have the occupant who evacuates bear the costs for papering walls, ceiling and hypocausted floor or request such occupant to replace such papering by investigating the degree of damage of walls, ceiling and hypocausted floor inside the house.

Article 12 (Responsibilities of Occupants) Each occupant shall recover facilities, etc. damaged by his/her own negligence to the original state at his/her own cost.

Article 13 (Accumulation, etc. of Special Allowance for Repairs) In order to appropriate for costs for replacement and repair of major facilities of long-term jeonse houses, the person in charge of management shall accumulate and manage a special allowance for repairs each month from the date on which one year passes from the date of completion of construction of long-term jeonse houses, and Article 30 of the Enforcement Decree of the Housing Rental Act shall apply mutatis mutandis to charge rates, procedures for use, etc.

Article 14 (Use of Buildings, such as Welfare Facilities) The person in charge of management may have welfare facilities, community support facilities, etc. inside long-term jeonse housing complexes used by heads of competent local governments without compensation.

Article 15 (Guidances for Duties, etc.) The mayor may, if necessary, guide the person in charge of management in writing or in the field as to overall matters concerning the supply and management of long-term jeonse houses.

Article 16 (Detailed Regulations of Person in Charge of Management) The person in charge of management may determine and operate his/her own detailed regulations for the supply and management of long-term jeonse houses within the scope of relevant Acts and subordinate statutes and these Rules.

CHAPTER Ⅲ DESIGNATION OF REMODELLING SUPPORT ZONES Article 17 (Designation of Remodelling Support Zones) (1) The head of each autonomous Gu may file requests for designation of zones, requests for change, etc. with the mayor after investigating areas in which it is necessary to supply long-term jeonse houses of remodelling support type due to the congestion of old and inferior houses.
(2) The mayor may designate (including designation for change) remodelling support zones even if he/she receives no request from heads of autonomous Gus under paragraph (1).
(3) The mayor shall, when intending to designate or change designation of remodelling support zones, designate or change designation through the city-integrated deliberation committee referred to in Article 15 of the Municipal Ordinance: Provided, That minor changes which increase or decrease zone areas within ten percent may not undergo deliberation by the city-integrated deliberation committee.
(4) The mayor shall, when designating or changing designation of remodelling support zones under paragraph (2), publish the details thereof in the relevant Official Gazette and have the general public accessible to the relevant documents for reading.

ADDENDA
Article 1 (Enforcement Date)
These Rules shall enter into force on the date of promulgation.
Article 2 (Abolition of Other Rules)
The Rules of the Supply and Management of Long-Term Jeonse Houses of Seoul Metropolitan City shall be abolished.
Article 3 (Transitional Measures Following Abolition of Other Rules)
Any long-term jeonse house supplied under the Rules of the Supply and Management of Long-Term Jeonse Houses of Seoul Metropolitan City at the time this Decree enters into force shall be considered as long-term jeonse houses under these Rules.
Article 4 (Applicability to Extra Charges Imposed on Persons Exceeding Standards for Real Estate and Automobiles Owned by Occupants and Persons Exceeding Income Standards at Times of Renewal of Contract)
Articles 4 and 5 shall apply only to occupation under the application of the standards for income limits and standards for real estate and automobiles at the time of announcement of invitation of applicants for occupation.

- Table 1 (Eligibility and Standards for Selection of Occupants of Purchase-Type Long-Term Jeonse Houses (in relation to Article 3 (2)))

- Table 3 (Eligibility and Standards for Selection of Occupants of Long-Term Jeonse Houses Preferentially Supplied to Households with Two or more Children(in relation to Article 3 (4)) )