CHAPTER I General Provisions

(Purpose of this Law) Article 1. The purpose of this Law is to contribute to the stabilization of the people's livelihood and to the promotion of public welfare by having the State and local public entities co-operate in constructing housing suitable to maintain wholesome and cultured living to be let at a low rent to people of low income who are in need of housing.

(Definition of Terms) Article 2. In this Law, the meaning of the terms enumerated in the following items shall be as defined in the respective items concerned: (1) Local public entity: City, town or village, and To, Do, Fu or prefecture; (2) Public-operated housing: Houses and their accessory facilities constructed with national subsidy by a local public entity for renting to the inhabitants thereof in accordance with the provisions of this Law; (3) Class A public-operated housing: Public-operated housing of the specifications as may be prescribed by Cabinet Order which shall be let to people with a standard income as may be prescribed by Cabinet Order; (4) Class B public-operated housing: Public operated housing of the specifications as may be prescribed by Cabinet Order which shall be let to people of so low an income as to make them unable to pay the rent of Class A public-operated housing, or to people of low income who have lost their houses owing to disaster; (5) Construction of public-operated housing: Includes the obtaining of land necessary for the construction of the public-operated housing or the developing of such land into building lots; (6) Supply of the public-operated housing: Construction and administration of the public-operated housing; (7) Common facilities: Playgrounds for children, public baths, club-houses and other facilities as may be prescribed by Cabinet Order necessary for the common welfare of the occupants of the public-operated housing; (8) Construction of common facilities: Includes the obtaining of land necessary for construction of common facilities or the developing of such land into building lots; (9) Enterprising body: A local public entity which supplies the public-operated housing.

(Supply of Public-Operated Housing) Article 3. The local public entity shall always pay regard to the housing condition of the district concerned, and shall, when it deems it necessary for mitigating the shortage of housing for people of low income, supply the public-operated housing.

(Aid by the State and To, Do, Fu or Prefecture) Article 4. The State shall, when it deems it necessary, give to a local public entity a fiscal, financial, and technical aid regarding the supply of public-operated housing. 2 To, Do, Fu or prefecture shall, when it deems it necessary, give to city, town or village a fiscal and technical aid regarding the supply of public-operated housing.

CHAPTER II Construction of Public-Operated Housing

(Construction Standard) Article 5. The construction of the public-operated housing shall be executed according to the construction standard as may be prescribed by the Minister of Construction. 2 When fifty or more units of the public-operated housing are constructed in a group on one block of land, the enterprising body shall endeavor to construct therewith common facilities according to the construction standard as may be prescribed by the Minister of Construction.

(Three-Year Program for Construction of Public-Operated Housing) Article 6. The governor of To, Do, Fu or prefecture shall, upon consultation with the mayor of city, town, or village, in accordance with what is provided for by Ministry of Construction Ordinance, making one period of every three years from 1952 fiscal year onwards, make out data on the program for the construction of the public-operated housing and for the construction of common facilities for the period concerned (hereinafter referred to as "three-year program for the construction of public-operated housing" ), and shall submit them to the Minister of Construction by May 31 of the year before the first fiscal year of the program. 2 The Minister of Construction shall, based on the data of the three-year program for construction of public-operated housing submitted under the provisions of the preceding paragraph, upon hearing the opinion of the Housing Measure Council under the provisions of Article 10 of the Ministry of Construction Establishment Law (Law No.113 of 1948), make out a proposition of three-year program for construction of public-operated housing, and shall ask for the decision of the Cabinet meeting. 3 The Prime Minister shall submit to the Diet for an approval thereby the general principles of the three-year program for construction of public-operated housing which has been decided at the Cabinet meeting in accordance with the provisions of the preceding paragraph. 4 The Minister of Construction shall, upon approval by the Diet under the provisions of the preceding paragraph, fix without delay a three-year program for construction of public-operated housing by the respective districts of To, Do, Fu or prefecture, and shall notify thereof the governor of To, Do, Fu or prefecture concerned. 5 The governor of To, Do, Fu or prefecture shall, upon receiving a notification under the provisions of the preceding paragraph, after consulting with the mayor of city, town or village concerned and obtaining an approval of the Minister of Construction, fix without delay a three-year program for construction of public-operated housing by the respective districts of city, town or village concerned, and shall notify the mayor of city, town or village thereof. 6 The Cabinet shall, so far as the national finance permits, appropriate in the budget for each fiscal year from 1952 fiscal year onwards necessary expenses for execution of the three-year program for construction of public-operated housing as approved by the Diet in accordance with the provisions of paragraph 3.

(National Subsidy) Article 7. In cases where an enterprising body constructs public-operated housing according to a three-year program of construction of public-operated housing, the State shall, within the limit of the budgetary appropriations, subsidize to the enterprising body concerned a half of the expenses as for construction of Class A public-operated housing and two-thirds of the expenses as for construction of Class B public-operated housing. 2 In cases where an enterprising body constructs common facilities according to a three-year program of construction of public-operated housing, the State may, within the limit of budgetary appropriations, grant subsidy not exceeding a half of the expenses thereof. 3 As to the computation of the amount of national subsidy under the provisions of the preceding two paragraphs, in cases where the expenses required for construction of public-operated housing or construction of common facilities as prescribed in the same paragraphs exceed the standard construction expenses as may be prescribed by the Minister of Construction, the standard construction expenses shall be regarded as the expenses thereof. 4 In the case as mentioned in paragraph 1 or 2, the State may subsidize the expenses required for obtaining land or developing it into building lots necessary for construction of public-operated housing or common facilities according to a three-year program of construction of public-operated housing, even when the expenses are for public-operated housing or common facilities to be constructed in or after the following fiscal year.

(Exceptions to National Subsidy in Case of Disaster) Article 8. When, in the case falling under the categories enumerated in any one of the following items, an enterprising body constructs Class B public-operated housing in order to let to the people of low income who have been living in the houses which were lost by a disaster, the State shall subsidize two-thirds of the expenses. However, the same shall not apply to the part exceeding the number of units equivalent to thirty per cent of the number of units of the houses which were lost by the disaster: (1) In cases where houses are lost owing to an extraordinary natural phenomenon such as an earthquake, storm, flood and high water and the number of units lost is five hundred or more throughout the damaged area or is ten per cent or more of the number of houses within the area of one city, town or village; (2) In cases where houses are lost owing to a fire and the number of units lost is two hundred or more throughout the damaged area or is ten per cent or more of the number of houses within the area of one city, town or village. 2 In case public-operated housing or common facilities are lost or seriously damaged owing to a disaster (excluding a fire other than the one caused by an earthquake) and the enterprising body constructs public-operated housing, constructs common facilities or repairs these, the State may according to the division of percentage of subsidy under the provisions of Article 7 paragraphs 1 and 2, subsidize the expenses required for construction of the public-operated housing concerned, construction of the common facilities concerned or for repairs of those (hereinafter referred to as "repairs caused by a disaster" ). 3 The provision of Article 7 paragraph 3 shall apply mutatis mutandis to the case as mentioned in the preceding two paragraphs.

(Procedure for Application and Granting of Subsidy) Article 9. An enterprising body shall, in case it intends to obtain national subsidy in accordance with the provisions of the preceding two Articles, submit a written application for granting of national subsidy accompanied by a project program and a written purport of the design of works as may be prescribed by Ministry of Construction Ordinance. 2 The Minister of Construction shall, when he deems it proper upon reviewing the papers submitted under the provision of the preceding paragraph, decide the granting of national subsidy and notify the enterprising body concerned thereof.

(Subsidizing by To, Do, Fu or Prefecture) Article 10. In case the enterprising body which is to execute construction of public-operated housing, construction of common facilities or repairs caused by a disaster is a city, town or village, the To, Do, Fu or prefecture may grant a subsidy to the enterprising body concerned.

(Loan from the State) Article 11. The State may loan out to an enterprising body the fund required for construction of public-operated housing, construction of common facilities or repairs caused by a disaster under the condition more favorable to the enterprising body than ordinary condition, in consideration of the fiscal status of the enterprising body concerned and of the conditions of depreciation of expenses required for the construction of public-operated housing as prescribed in Article 12.

CHAPTER III Administration of Public Operated Housing

(Decision of House-Rent) Article 12. The house-rent of public-operated housing shall be decided in accordance with the provisions of Cabinet Order by the enterprising body within the limit of the amount allocated per month of the total of (A) the amount of money of annual refundment of the expenses required for the construction of the public-operated housing concerned (except such part of the expenses as subsidized from the State or To, Do, Fu or prefecture) of which the payment of the principal and interest is made on even instalments over a period not less than twenty years and at an annual interest rate not exceeding 6 per cent plus (B) the repairing expenses, administrative expenses and damage insurance premium. 2 In the case as mentioned in the preceding paragraph, if the site of the public-operated housing is leased land, the house-rent of the public-operated housing concerned shall be decided within the limit of the amount obtained by adding the landrent allocated per month to the amount allocated per month in the said paragraph. 3 The enterprising body may, regardless of the preceding two paragraphs, make reduction or exemption of the house-rent under special circumstances to the persons who are deemed in need of reduction or exemption of the house-rent. 4 The matters concerning house-rent prescribed in any of the preceding paragraphs shall be provided for by by-law.

(Change, Etc. of House-Rent and Caution Money) Article 13. The enterprising body may, in the case coming under any one of the following items, after obtaining an approval of the Minister of Construction, change the house-rent under the provision of the preceding Article (including the caution money in case caution money is to be deposited;hereinafter the same in this Article), or fix the house-rent separately, notwithstanding the provisions of paragraphs 1 to 3 inclusive of the preceding Article, by by-law: (1) In case it is deemed necessary to change the house-rent in connection with the fluctuations of commodity prices; (2) In case it is deemed necessary to change the house-rent for keeping the balance of house-rent among the public-operated houses. 2 In cases where a city, town or village asks for an approval of the Minister of Construction under the provision of the preceding paragraph, the application shall be submitted through the governor of To, Do, Fu or prefecture.

(Prohibition of Collecting Money or Article other than House-Rent) Article 14. The enterprising body may not collect premium or other money or articles other than house-rent from the occupant of the publicoperated housing in connection with the using of the housing. However, the same shall not apply to the collection of caution money within the limit of the amount of money corresponding to the house-rent for three months.

(Obligation of Repair) Article 15. The enterprising body shall not be exempted from obligation of repairing the wall, pillar, floor, beam, roof and staircase of publicoperated housing. However, this shall not apply to the case where the repair is necessitated by the cause attributed to the responsibility of the occupant.

(Method of Invitation of Occupants) Article 16. The enterprising body shall make a public invitation of occupants of the public-operated housing unless the construction of such publicoperated housing is for the purpose of accommodating specified persons in the case of disaster, removal of defective housing and other cases of special circumstances as may be provided for by Cabinet Order. 2 The public invitation of occupants provided for in the preceding paragraph shall be carried out by such method as would enable the inhabitants in the district to be widely informed of, including newspaper, broadcast, bulletin, etc.

(Qualification of Public-Operated Housing Occupants) Article 17. An occupant of public-operated housing shall be a person having at least the undermentioned conditions: (1) That he has a relative (including a person with whom he is actually in a relationship equal to marriage though a formal notification of marriage has not been made and other person to whom he is engaged to be married) currently living together or intending to live together; (2) That he has a monthly income of the standard prescribed by Cabinet Order;provided further that he has lost his housing as a result of a disaster in the case of publicoperated housing constructed with national subsidy in accordance with the provision of Article 8 paragraph 1 or 2; (3) That he is obviously the one actually in need of housing.

(Selection of Occupant) Article 18. In cases where the number of persons who have applied for the occupation exceeds the number of houses to be occupied, the head of the enterprising body shall make an investigation of the actual circumstance of being in need of housing, and shall determine the occupants of the public-operated housing concerned by selecting in a fair way as may be provided for by bylaw in accordance with the standard of selection to be provided for by Cabinet Order.

(Report on Rent, Etc.) Article 19. When the head of the enterprising body determines or has changed the rent, caution-money or method of selection of the occupants under the provision of the preceding Article, he shall report to the Minister of Construction within one month. 2 When the mayor of a city, town or village reports to the Minister of Construction in accordance with the provision of the preceding paragraph, the report shall be forwarded through the governor of To, Do, Fu or prefecture.

(Change Order of Rent or Selection Method) Article 20. The Minister of Construction may, when he deems the rent of public-operated housing selection of the occupants is remarkably improper, order the enterprising body concerned to make changes thereof, giving the reasons.

(Occupants'Obligation of Custody) Article 21. Occupants of public-operated housing shall take necessary care concerning the publicoperated housing or common facilities concerned and shall keep them in proper condition. 2 Occupants of public-operated housing shall not lend the public-operated housing to another person or transfer the right of occupancy thereof to another person. However, when an approval of the head of the enterprising body is obtained, a part of the public-operated housing concerned may be lent to another person. 3 Occupants of public-operated housing shall not change the use of the public-operated housing concerned. However, when an approval of the head of the enterprising body is obtained, it may be used combinedly for other use. 4 Occupants of public-operated housing shall not remodel or enlarge the public-operated housing concerned. However, this shall not apply if an approval of the head of the enterprising body is obtained.

(Evacuation of Public-Operated Housing) Article 22. The head of the enterprising body may, when an occupant of public-operated housing comes under any one of the following items, demand such occupant to evacuate the publicoperated housing concerned: (1) When he has occupied through unlawful act; (2) When he has failed to pay the rent for three or more months; (3) When he damaged intentionally the publicoperated housing or common facilities; (4) When he has committed violation of the provision of the preceding Article; (5) When he has violated the by-law based on the provision of Article 25 paragraph 1. 2 Occupant of public-operated housing shall, when he was demanded under the provision of the preceding paragraph, evacuate immediately the public-operated housing concerned.

(Public-Operated Housing Custodian) Article 23. The enterprising body shall have public operated housing custodians to conduct the affairs for administration of public-operated housing and common facilities, and to give necessary guidance to the occupants so as to keep the housing and its surroundings in favourable condition. 2 Public-operated housing custodians shall be appointed by the head of the enterprising body from among the members of his staff.

CHAPTER IV Additional Provisions

(Disposal of Public-Operated Housing or Common Facilities) Article 24. The enterprising body may, in accordance with what is provided for by Cabinet Order, transfer the public-operated housing or common facilities to the occupant concerned or the body organized by occupants with an approval of the Minister of Construction obtained when a quarter of the durable years of such public-operated housing or common facilities has expired. 2 The counter value of transfer under the provision of the preceding paragraph shall, in accordance with what is prescribed by Cabinet Order, be appropriated to the expenses for construction of public-operated housing or common facilities. 3 The enterprising body may, in cases where the public-operated housing or common facilities have been severely damaged by disaster and it is deemed improper to make repair thereof, discontinue the use thereof after obtaining an approval of the Minister of Construction. 4 When a city, town or village asks for an approval of the Minister of Construction in accordance with the provision of paragraph 1 or the preceding paragraph, it shall be done through the governor of To, Do, Fu or prefecture.

(Establishment of By-Law concerning Administration) Article 25. The enterprising body shall, other than those provided for by this Law, prescribe by by-law the matters necessary for administration of the public-operated housing and common facilities. 2 The head of the enterprising body shall, in case a by-law referred to in the preceding paragraph is established, altered or abolished, make a report to the Minister of Construction within one month. 3 In case the head of city, town or village makes a report to the Minister of Construction under the provision of the preceding paragraph, the report shall be forwarded through the governor of To, Do, Fu or prefecture.

(Guidance and Superintendence of Minister of Construction and Governor of To, Do, Fu or Prefecture) Article 26. The Minister of Construction and the governor of To, Do, Fu or prefecture may, in regard to the construction of public-operated housing, the construction of common facilities and to the administration thereof and the repair caused by a disaster, issue necessary instruction to the enterprising body, order it the submission of written report or appoint personnel concerned and require them to make spot inspection of the articles and papers concerned. 2 In case the inspector enters the public-operated housing being used as a residence for the spot inspection referred to in the preceding paragraph, he shall in advance obtain permission of the occupant of the public-operated housing concerned. 3 Personnel in charge of the spot inspection under the provision of paragraph 1 shall carry the identification card showing his status and present it when demanded by party concerned.

(Grant of Guidance and Superintendence Expenses) Article 27. The State shall, as may be provided for by Cabinet Order, grant to To, Do, Fu or prefecture expenses required for the guidance and superintendence executed by the governor of To, Do, Fu or prefecture under the provision of paragraph 1 of the preceding Article.

(Returning, Etc. of Subsidy) Article 28. The Minister of Construction may, in case of the enterprising body acting in contravention of this Law or orders issued thereunder concerning the construction of the public operated housing or construction of common facilities or administration thereof or the repair caused by a disaster, reject the grant of the whole or a part of the national subsidy to the enterprising body, stop the said grant or order to return the whole or a part of the national subsidy which has been granted.

(Application of this Law to Whole-Affairs Association) Article 29. As for the application of the provisions of this Law and the orders issued thereunder, a wholeaffairs association shall be regarded as city, town or village and the administrator of a whole-affairs association, as the mayor of city, town or village.

(Consultation) Article 30. The Minister of Construction shall, in case he disposes of the matters concerning the Class B public-housing (excluding those under the provision of Article 8) mentioned in the following items, previously consult with the Minister of Welfare: (1) Making out a proposition of three-year program for construction of public-operated housing under the provision of Article 6 paragraph 2, determination of a three-year program for construction of public-operated housing by the respective districts of To, Do, Fu or prefecture under the provision of paragraph 4 of the same Article and approval under the provision of paragraph 5 of the same Article; (2) Determination of the granting of national subsidy under the provision of Article 9 paragraph 2; (3) Approval under the provision of Article 13 paragraph 1; (4) Order of the change of rent or the means of selection of the occupants under the provision of Article 20; (5) Approval of transfer under the provision of Article 24 paragraph 1 or approval of the discontinuance of the use thereof under the provision of paragraph 3 of the same Article.