<?xml version="1.0" encoding="UTF-8"?>
<Law Era="Showa" Lang="en" LawType="Act" Num="19" PromulgateDay="29" PromulgateMonth="3" Year="27">
  <PromulgateBody>
    <PromulgateStatement>I hereby promulgate the Law concerning Abolition of the Housing Emergency Measures Ordinance, etc.</PromulgateStatement>
    <ImperialSignature>Signed:HIROHITO, Seal of the Emperor</ImperialSignature>
    <PromulgateDate>This twenty-ninth day of the third month of the twenty-seventh year of Showa (March 29, 1952)</PromulgateDate>
    <Signature>
      <MinisterialTitle>Prime Minister</MinisterialTitle>
      <Name>YOSHIDA Shigeru</Name>
    </Signature>
  </PromulgateBody>
  <LawNum>Law No.19</LawNum>
  <LawBody>
    <LawTitle>Law concerning Abolition of the Housing Emergency Measures Ordinance, etc.</LawTitle>
    <MainProvision>
      <Article Num="1">
        <ArticleCaption>(Abolition of Housing Emergency Measures Ordinance and of Organization of Housing Emergency Measures Loss Compensation Committee)</ArticleCaption>
        <ArticleTitle>Article 1.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The Housing Emergency Measures Ordinance (Imperial Ordinance No.641 of 1945) and the Organization of the Housing Emergency Measures Loss Compensation Committee (Imperial Ordinance No.696 of 1945) shall be abolished.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="2">
        <ArticleCaption>(Remaining of Using Right)</ArticleCaption>
        <ArticleTitle>Article 2.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence Function="main" Num="1">With respect to the buildings and structures other than buildings (including the accessory articles and the land;hereinafter collectively referred to as the "buildings, etc." ) of which the using right was created under the provision of Article 2 of the Housing Emergency Measures Ordinance (hereinafter referred to as the "old Ordinance" ), and of which the using right is existing and in which the person for whom the using right was created (including his successor) has occupants at the time of the coming into force of this Law, the using right shall, regardless of the period of continuance fixed for by the governor of To, Do, Fu or prefecture under the provision of paragraph 3 of the said Article, continue to exist until March 31, 1953. However, when the return of the buildings, etc. has been finished by the fixed date in accordance with the provision of Article 3, the using right shall be extinguished on the day when the return is finished.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The provisions of Articles 9, 10 (except paragraphs 3 and 5), 11, 12, 14 and 15 of the old Ordinance shall, in the case of the main clause of the preceding paragraph, be effective even after the enforcement of this Law.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="3">
          <ParagraphNum>3</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The sum of loss compensation to be made under the provision of Article 10 paragraph 1 of the old Ordinance which is effective under the provision of the preceding paragraph shall be fixed by the governor of To, Do, Fu or prefecture following the decision of the Expropriation Commission.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="3">
        <ArticleCaption>(Return of Buildings, etc.)</ArticleCaption>
        <ArticleTitle>Article 3.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence Function="main" Num="1">The person who has the using right which shall continue to exist under the provision of paragraph 1 of the preceding Article (including his successor;hereinafter referred to as the "project initiator" ) shall, evicting the occupants, return the buildings, etc. concerned to the owner as early as possible before the date prescribed in the said paragraph. However, if the owner of the buildings, etc. concerned agrees to their return without evicting the occupants, the return may be made without evicting the occupants.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>When the project initiator intends to evict the occupants, he shall give notice a month in advance to that effect to the occupants concerned.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="4">
        <ArticleCaption>(Eviction Order)</ArticleCaption>
        <ArticleTitle>Article 4.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>In case the governor of To, Do, Fu or prefecture receives a report from the project initaitor to the effect that the occupants do not comply with the demand of eviction under the provision of the preceding Article, or in case the project initiator fails, notwithstanding the provision of the said Article, to evict the occupants by the date prescribed in Article 2 paragraph 1, the governor of To, Do, Fu or prefecture shall order to the occupants concerned eviction of the buildings, etc. fixing a period of not less than ten days.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="5">
        <ArticleCaption>(Restoration to Original Condition of Buildings, etc.)</ArticleCaption>
        <ArticleTitle>Article 5.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>In returning the buildings, etc., if it is demanded by the owner of the buildings, etc., the project initiator shall restore to the original condition such parts of the buildings, etc. as may hinder their employment for the use before the creation of the using right, or shall compensate the expenses needed for restoring them to the original condition.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>In case it is not proper to make the project initiator execute the restoration to the original condition or compensate as referred to in the preceding paragraph and it is deemed necessary when applied for by the owner of the buildings, etc., To, Do, Fu or prefecture shall, notwithstanding the provision of the preceding paragraph, restore to the original condition such parts of the buildings, etc. as may hinder their employment for the use before the creation of the using right, or shall compensate the expenses needed for restoring them to the original condition in place of the project initiator (except the project initiator who is a city, town or village).</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="3">
          <ParagraphNum>3</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The particulars of the works for restoring the buildings, etc. concerned to the original condition in accordance with the provisions of the preceding two paragraphs and the time when the works are to be completed, or the sum of the compensation money to be paid as the expenses necessary for restoring them to the original condition and the time of its payment shall be decided by the governor of To, Do, Fu or prefecture following the decision of the Expropriation Commission.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="4">
          <ParagraphNum>4</ParagraphNum>
          <ParagraphSentence>
            <Sentence Function="main" Num="1">When the governor of To, Do, Fu or prefecture has made the decision under the provision of the preceding paragraph, he shall so inform the project initiator, the owner of the buildings, etc. and the persons who have any right other than ownership to the buildings, etc.(hereinafter referred to as the "parties concerned" ). However, in case the governor of To, Do, Fu or prefecture cannot know the parties concerned without fault on his part, he need not inform them.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="6">
        <ArticleCaption>(Priority for Occupying Public-Operated Housing)</ArticleCaption>
        <ArticleTitle>Article 6.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence Function="main" Num="1">In case the project initiator intends to evict the occupant under the provision of Article 3 or the governor of To, Do, Fu or prefecture gives an order for vacating buildings, etc. under the provision of Article 4, when the occupant has no suitable place to which he can move, the local public body which establishes a public-operated housing based on the Public-Operated Housing Law (Law No.193 of 1951) shall give priority to the occupant as against other applicants to enable him to become an occupant of the public-operated housing. However, this provision shall not apply to anyone falling under any one of the following items:</Sentence>
          </ParagraphSentence>
          <Item Num="1">
            <ItemTitle>(1)</ItemTitle>
            <ItemSentence>
              <Sentence>Any one who has been notably delinquent in paying rent or who otherwise has acted in a notably unfaithful manner with regard to the use of the buildings, etc. concerned;</Sentence>
            </ItemSentence>
          </Item>
          <Item Num="2">
            <ItemTitle>(2)</ItemTitle>
            <ItemSentence>
              <Sentence>Any one who lacks the occupancy qualifications prescribed in Article 17 of the Public-Operated Housing Law.</Sentence>
            </ItemSentence>
          </Item>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>In the case of the preceding paragraph, the local public body shall follow the decision made by the governor of To, Do, Fu or prefecture having jurisdiction over the place where the buildings, etc. are located upon hearing the opinion of the local public body concerned with regard to the number of persons who are to occupy the public-operated housing, the classification of the public-operated housing to be occupied, and other necessary matters to accommodate the occupants in the public-operated housing.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="7">
        <ArticleCaption>(Application Mutatis Mutandis to Buildings, etc. of Which the Using Right Has Been Extinguished)</ArticleCaption>
        <ArticleTitle>Article 7.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The provisions of Article 3 (except paragraph 2) to the preceding Article inclusive shall apply mutatis mutandis to the buildings, etc. of which the using right was created in accordance with the provision of Article 2 of the old Ordinance but in which the person for whom the using right was created (including his successor;hereinafter referred to as the "user" ) has occupants, although, at the time of the coming into force of this Law, the procedure of renewal has not been taken after the expiration of the term of existence of such using right. In this case, "the person who has the using right which shall continue to exist under the provision of paragraph 1 of the preceding Article (including his successor;hereinafter referred to as the" project initiator ")" in Article 3 paragraph 1 and "the project initiator" in Articles 4 to 6 inclusive shall read "the user" , and "as early as possible before the date prescribed in the said paragraph" in Article 3 paragraph 1 and "by the date prescribed in Article 2 paragraph 1" in Article 4 shall read "as early as possible" .</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The provision of the preceding paragraph shall not hinder the owner of the buildings, etc. to demand the user to compensate any damage incurred during the time after the expiration of the term of existence of the using right and before the buildings, etc. are returned.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="8">
        <ArticleCaption>(National Subsidy)</ArticleCaption>
        <ArticleTitle>Article 8.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The State may, as may be provided for by Cabinet Order within the limit of the budget, subsidize a part of the expenses required for restoring to the original condition the buildings, etc. or for compensation the expenses necessary to restore in accordance with the provision of Article 5 (including the case where it is applicable mutatis mutandis under paragraph 1 of the preceding Article).</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="9">
        <ArticleCaption>(Special Rule for the Term of Bringing an Action)</ArticleCaption>
        <ArticleTitle>Article 9.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>Any person dissatisfied with the decision of the governor of To, Do, Fu or prefecture in accordance with the provision of Article 5 paragraph 3 (including the case where it is applicable mutatis mutandis under Article 7 paragraph 1) may bring an action to the court within one month from the day of receipt of notification of such decision.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="10">
        <ArticleCaption>(Transitional Provision concerning Validity of the Old Ordinance)</ArticleCaption>
        <ArticleTitle>Article 10.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The provision of Article 13-(5) of the old Ordinance shall, with respect to the encouragement under the provision of Article 13-(3) of the same Ordinance or the lease made in accordance with the provision of Article 13-(4) of the same Ordinance, still have effect even after the coming into force of this Law.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The provision of Article 6 shall apply mutatis mutandis to the case where the governor of To, Do, Fu or prefecture orders a leasee on or before March 31, 1953 to evacuate in accordance with the provision of Article 13-(5) paragraph 2 of the old Ordinance made still effective under the provision of the preceding paragraph.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="11">
        <ArticleTitle>Article 11.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The provisions of Article 10 paragraphs 3, 4 and 6 of the old Ordinance as well as of Article 11 of the same Ordinance shall, with respect to the amount of loss compensation under the provision of Article 10 paragraph 1 of the same Ordinance for the using right whose term of existense has expired or which has been revoked before the enforcement of this Law, still have effect even after the coming into force of this Law.</Sentence>
          </ParagraphSentence>
        </Paragraph>
        <Paragraph Num="2">
          <ParagraphNum>2</ParagraphNum>
          <ParagraphSentence>
            <Sentence>The amount of loss compensation under the provision of the preceding paragraph which has not been fixed prior to the coming into force of this Law shall be fixed by the governor of To, Do, Fu or prefecture following the decision of the Expropriation Commission.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
      <Article Num="12">
        <ArticleTitle>Article 12.</ArticleTitle>
        <Paragraph Num="1">
          <ParagraphNum/>
          <ParagraphSentence>
            <Sentence>The old Ordinance shall, with respect to the application of penal provisions to the act committed prior to the coming into force of this Law, still have effect even after the coming into force of this Law.</Sentence>
          </ParagraphSentence>
        </Paragraph>
      </Article>
    </MainProvision>
    <SupplProvision>
      <SupplProvisionLabel>Supplementary Provision:</SupplProvisionLabel>
      <Paragraph Num="1">
        <ParagraphNum/>
        <ParagraphSentence>
          <Sentence>This Law shall come into force as from the day of its promulgation.</Sentence>
        </ParagraphSentence>
      </Paragraph>
    </SupplProvision>
  </LawBody>
  <Signatures>
    <Signature>
      <MinisterialTitle>Minister of Finance</MinisterialTitle>
      <Name>IKEDA Hayato</Name>
    </Signature>
    <Signature>
      <MinisterialTitle>Minister of Welfare</MinisterialTitle>
      <Name>YOSHITAKE Eichi</Name>
    </Signature>
    <Signature>
      <MinisterialTitle>Minister of Construction</MinisterialTitle>
      <Name>NODA Uichi</Name>
    </Signature>
    <Signature>
      <MinisterialTitle>Prime Minister</MinisterialTitle>
      <Name>YOSHIDA Shigeru</Name>
    </Signature>
  </Signatures>
</Law>