Act No. 163 / 1946 Coll.
Law on emergency housing measures
Valid
Effective from 09.08.1946
163.
Law
of 18 July 1946
on emergency housing measures.
The Constitutional National Assembly of the Czechoslovak Republic decided on this law:
Announcement and rental of apartments.
(1) The local national committee may impose a decree on homeowners, published in the usual place, to report their apartments,
1. which are not leased or otherwise put into use or where the tenant or other user does not reside permanently;
2. where the lease or other right of use ceases to exist or which is otherwise released;
3. Whose tenant died, including those whose members of his family, who had lived in his apartment at the time of his death, entered into the lease after the tenant's death, not having their own apartment, and did not refuse to continue the lease.
(2) Houses must be notified within 15 days of publication of the decree referred to in paragraph 1 if they have not done so earlier. However, if the facts establishing the reporting obligation arise only after the publication of the decree, the apartments must be declared if they are:
1. in paragraph 1, No 1, within 15 days after the owner of the house became aware of these facts;
2. in paragraph 1, No 2, within 15 days of the fact that the lease or other right of use of the apartment is certain to cease or otherwise the apartment has been released;
3. In paragraph 1, No 3, within 15 days after the owner of the house had learned of the tenant's death or when the tenants' family refused to continue the lease.
(3) If the local national committee has imposed a reporting obligation on homeowners in accordance with paragraphs 1 and 2, the provisions of Sections 2 to 8, 10, 15 and 16 are therefore also effective in the municipality. Therefore, homeowners and tenants and other users of flats must also be brought to the attention of the obligations arising from these provisions in the Decree referred to in paragraph 1.
(1) Home owners are obliged to rent apartments subject to reporting obligations to persons ordered by the local national committee. The Central National Committee is obliged to take account of the wishes of the office of the President of the Republic when it comes to flats in the narrower district of Prague Castle.
(2) Where an apartment subject to the obligation to declare pursuant to Paragraph 1 (1), (1), (1), (1) is leased or otherwise put into use, the local national committee may declare the lease or other contract of use cancelled. The same right shall apply to the local national committee of the parties to the apartment which are subject to the reporting obligation of § 1, § 1, § 3, unless it has been removed within 1 month of the date of the tenant's death.
(3) If the owner of the house has not received a rental order within 15 days of the announcement of the apartment, the owner of the house may rent the apartment himself or otherwise give it in use or use it himself, but is obliged to notify the local national committee within another 15 days.
(1) Only as tenants can be ordered
1. statestically reliable (§ 28) persons who do not have an apartment in the municipality or who live in an apartment which is disabled or insufficient, carry out their employment or profession in the municipality, which constitutes the main source of their nutrition, and who are able to fulfil the rental obligations;
2. persons who are members of official or semi-official foreign missions;
3. persons who lived in the village and were deprived of the apartment by the occupying authorities (authorities) during the occupation.
(2) Persons complying with the conditions of paragraph 1, No 1, shall either be ordered as tenants in the order resulting from the urgency of their housing needs and the importance of their employment or occupation with a view to the public interest. In addition to that order, the persons referred to in paragraph 1, No 3, shall be ordered. For the same conditions in the applicant's person, priority shall be given when ordering the apartment
1. participants in the foreign or domestic resistance and their surviving family members;
2. persons damaged by national, racial or political persecution;
3. persons returning to the border which have been forced to leave or abroad;
4. persons damaged by war, in particular those whose previous flat has been destroyed by war events;
5. people with more children.
(3) If the tenderers do not comply with the conditions of paragraph 1, other persons may be charged as tenants.
(1) In the case of housing in the houses of public housing cooperatives, the local national committee shall order the person proposed by the cooperative to be a tenant to prove at the same time that the proposed tenant has become a member of it and has fully paid up the subscribed racing shares before the declaration of this Act, that it complies with the conditions of § 3, § 1, § 1 or § 3 and that the apartment is not excessive due to the number of members of its household (§ 12).
(2) Paragraph 1 shall apply mutatis mutandis even if the owner of the house whose property he acquired before 21 May 1938 or from a person who was the owner, the inheritance or legal relationship between the spouses, between parents and children on that day, after one of them and the spouse of the other, or between siblings after 20 May 1938. This provision also applies to owners to whom houses have been assigned under the Order of the President of the Republic of 21 June 1945, No 12 Coll., on confiscation and accelerated distribution of the agricultural property of Germans, Hungarians, as well as traitors and enemies of the Czech and Slovak people (in Slovakia pursuant to the Order of 23 August 1945, No 104 Coll. on confiscation and speedy distribution of the Polish, Hungarian, and traitors and enemies of the Slovak people, as amended by the Order of 14 May 1946, No 64 Coll. SNR), or under the Order of the President of the Republic of 25 October 1945, No 108 Coll., on the confiscation of hostile property and the National Recovery Funds, even if the conditions laid down in paragraph 1.
(3) The entitlement referred to in paragraphs 1 or 2 shall cease if the facts establishing it are not demonstrated at the same time as the declaration of the apartment.
(1) If the flat in which he was residing on the date of publication of the Decree pursuant to § 1 (1) of the Staff Regulations becomes vacant, by transferring a tenant or another user to another municipality, the local national committee shall order another civil servant to be hired within 8 days of the announcement of the latter's personal office and shall also prove that the latter is not excessive due to the number of members of the household of the designated staff member (§ 12).
(2) The civil servants referred to in paragraph 1 shall also be counted on by military guards, members of the National Security Corps, railway workers serving public transport, excluding street rail workers and public school teachers.
(3) Paragraph 4 shall not apply in the cases referred to in paragraph 1.
(1) When ordering tenants, local national committees are obliged to take account of the fact that it does not become excessive (§ 12). Exceptions shall be permitted only for reasons of public interest; This also applies in the cases referred to in Sections 4 and 5.
(2) The local national committee shall also inform the local national committee of its last residence as a tenant.
Double apartments.
(1) Tenants and other users who have two or more apartments in municipalities in which at least one local national committee has imposed a reporting obligation on homeowners pursuant to § 1 are obliged to notify the local national committees of the municipalities in which they are located. The reporting obligation also arises if the second person has another person who is legally obliged to share the residence with the obliged person.
(2) The dwellings must be reported by tenants and other users within 15 days of publication of the Decree pursuant to § 1 (1), paragraph 1, if they have not done so before. However, if the facts establishing the reporting obligation arise only after the publication of the decree, the apartments must be declared within 15 days of the occurrence of these facts.
(1) Lease and other contracts for the use of flats subject to reporting obligations under Section 7 may be declared cancelled by the local national committee.
(2) In the case of houses of the State and of the countries, the law applicable to the local national committees, the national committee of the Land (in Slovakia, the competent authority of the state and the county national committee) and the houses of the districts of the county. If these houses involve official or in-kind apartments, this right shall be exercised by the competent personal office. In such cases, the right of command of local national committees (§ 23 (2)) does not apply. The provisions of this paragraph shall apply mutatis mutandis to houses of undertakings, funds and institutes managed by the State, countries or districts, as well as houses owned or managed by railways or railway funds.
(3) The rights referred to in paragraph 1 cannot be exercised,
1. if the tenant or other user proves,
(a) that two or more dwellings are necessarily needed for the performance of their employment or occupation and that the dwellings, as a whole, do not have the nature of an excess apartment (§ 12);
(b) if there is a second, after another apartment, a person who is legally obliged to share his residence with him that, according to the confirmation of the District National Committee, there are serious reasons for separate housing;
2. On the sides of the apartment where the tenant or other user declares to keep it.
Residential dwellings.
(1) The local national committee may declare the lease or other lease contracts for the use of flats in which persons of the State are unreliable (§ 28).
(2) Paragraph 8 (2) applies mutatis mutandis to such cases.
Flat shifts.
The exchange of flats is permitted only with the approval of the local national committee.
Oversized apartments.
(1) If this is required by an urgent housing need in the municipality, the local national committee may impose a decree on tenants and other users of flats, published in the usual manner in order to report excessive flats.
(2) The dwellings must be reported by tenants and other users within 15 days of publication of the decree referred to in paragraph 1, unless they have done so earlier. However, if the facts establishing the reporting obligation arise only after the publication of the decree, the apartments must be declared within 15 days of the occurrence of these facts.
(1) The apartment is considered to be excessive if the number of living rooms exceeds the number of occupants of the tenant's household or other occupant.
(2) When determining the number of members of the household, 2 children under 10 years of age and an odd number of children remaining per person shall be counted. The number of members of the household shall not be reduced if the tenant or another user of the apartment or member of his family is temporarily absent from his residence for serious reasons.
(3) When counting living rooms, no account shall be taken
1. to the kitchens;
2. rooms which the tenant or any other user of the apartment or members of his family who do not have their own apartment necessarily need for the performance of their employment or occupation or for reasons of public interest;
3. rooms which, prior to the publication of the Decree pursuant to § 11, paragraph 1, have been sublet (rent) or otherwise used by stateably reliable (§ 28) persons and which are actually permanently occupied by the tenant (tenant) or another user.
(1) Tenants and other users of oversized dwellings are obliged to place a large number of rooms in sublet (rental) or otherwise use by stateably reliable (§ 28) persons engaged in their occupation or occupation in the municipality, each oversized room to at least one person. In the municipalities where there is a higher education institution, priority shall be given to the proper listeners of that school, if they are properly studied and reported on this by a university or body designated by the Ministry of Education and Education.
(2) If the tenants or other users of excess flats do not comply with this obligation within 15 days of the publication of the Decree pursuant to § 11, paragraph 1, or, if it was excessive only after its publication, within 15 days of the occurrence of this fact, the local national committee may order them to place the excess rooms in sublet (rental) of the persons it commands. Only persons living alone who comply with the conditions of paragraph 1 and who are able to meet the obligations of the tenancy ratio may be ordered as lodgers (tenants).
(1) If the number of occupants of the tenant's household or any other occupant of the apartment increases in addition, so that the apartment ceases to be an oversized apartment, the lessee or other user of the apartment may terminate the sublet (rental) or cancel another contract for the use of excess rooms agreed under this law.
(2) In the cases referred to in paragraph 1, the lodger (s) of multiple rooms may not invoke the rules on the protection of tenants, even if they apply to him. The suspension of execution by forced removal of rooms according to the applicable regulations may be allowed for a maximum period of 1 month.
Aggregate flats and use of flats for purposes other than housing.
(1) No local national committee permission
1. cancel the apartment by connecting it to another apartment or by connecting individual parts of it to other apartments;
2. use an apartment or parts thereof for purposes other than housing.
(2) The authorisation referred to in paragraph 1, No 2 is not necessary for the various parts of the apartments of which the tenant or other user or members of his family who live in his own apartment do not necessarily need to carry out their work or occupation or for reasons of public interest.
(3) Apartments which were used on the date of publication of the Decree pursuant to Paragraph 1 (1) for purposes other than housing may continue to be used only for a short period if their tenants or other users, within 15 days of publication of the Decree for authorisation under paragraph 1, No 2, and the local national committee will comply with the request.
(4) In other cases, only homeowners shall be entitled to seek authorisation under paragraph 1, No 2.
If, in the cases referred to in Paragraph 15, paragraph 3, an application has not been submitted within the time limit laid down, a request for authorisation pursuant to § 15, paragraph 1, paragraph 2, or a refusal has been made, the local national committee may declare the lease or other contract of use of the flat cancelled.
Revision of apartments.
(1) The local national committee may have a proper examination of all cases in which a change occurred after 20 May 1938 in the person of the tenant or other user of the apartment. However, if it is imposed on him by a superior national committee (in Slovakia at the cities of Bratislava and Košice in charge of social welfare), he is obliged to examine these cases within the time limit set by him.
(2) To this end, local national committees may request the necessary explanations from homeowners, tenants and other users of flats and their authorities or agents to carry out the necessary inspections of the apartments. These persons can therefore enter the apartments and make the findings necessary to fulfil the stated purpose, but save the provisions of the second sentence of Section 8 of the Constitutional Act of 9 April 1920, No. 293 Coll., on the protection of the freedom of personal, household and letter secrets. Those persons shall remain silent about the matters which they have learned in the course of their activities.
(1) The deficiencies concerning tenants or other users of flats referred to in § 17 (1) are bound by local national committees without delay.
(2) To this end, the local national committee shall declare the lease or other lease contracts referred to in Article 17 (1) to be cancelled if it has been duly established at the revision,
1. that the tenant or other user has acquired the apartment
(a) disregard the rules governing the ordering of tenants or the explicit wording thereof; or
(b) on the basis of false information relevant to the ordering of tenants; or
(c) with effect from persons responsible for deciding on the ordering of tenants or the implementation of decisions and measures of the local national committee, by acts constituting an offence;
2. that the installation of the apartment, confiscated according to the decrees of the President of the Republic No. 12 / 1945 Coll. (e.g. No. 104 / 1945 Coll. SNR, as amended by No. 64 / 1946 Coll.) or No. 108 / 1945 Coll., was damaged by the tenant or other user of the apartment or used or introduced by abuse.
(3) In addition, the local national committee may declare that the lease or other lease contracts referred to in § 17 (1) have been cancelled if they have been duly established in the revision,
1. that the tenant or other user of the apartment is a person who does not comply with the conditions of § 3, paragraph 1; or
2. that the apartment is excessive due to the number of household members of the tenant or other user (§ 12).
Common provisions.
At the request of the residency office, the Ministry of Social Welfare may, in agreement with the Ministry of the Interior and the Ministry responsible, require the local national committee to reserve the necessary number of flats for certain groups of persons whose residence is necessary in the municipality in the public interest.
If the local national committee does not impose a reporting obligation on homeowners or tenants and other users of flats pursuant to § 1 or § 11, although necessary for reasons of housing need, or if the provisions of this law or the regulations issued for its implementation, in particular if it does not fulfil the obligations under § § 17 and 18, and if, after an invitation to remedy it within the prescribed time limit, the superior national committee (in Slovakia for the cities of Bratislava and Košic in charge of social welfare) may reserve the further implementation of the law and delegate it to a special commission (Administrative Housing Commission), which shall act on its behalf. The members of the Commission shall be appointed and removed by the Regional (Regional) National Committee. The local national committee is obliged to provide the committee with the necessary office rooms, as well as with the necessary authority and to submit all necessary files. The Commission's personal cargo shall be borne by the municipality.
Hire or other contracts for the use of apartments and other rooms, as well as subletting (rental) or other contracts for the use of supernumerated rooms, agreed against the provisions of this Act, shall be void.
If there is no agreement between the owner of the house and the hired tenant on the terms of the lease agreement, they shall be determined by the district national committee, governed by the applicable price regulations. The same applies if there is no agreement on the terms of the lease (lease) contract between the tenant or other user of the excess apartment and the ordered tenant (tenant).
(1) If the local national committee declares, pursuant to § 2, § 2, § 8, § 1, § 9, § 1, § 16 or § 18, § 2 and 3 of the lease or other contract for the use of the apartments as cancelled, it shall require the tenant or any other user of the apartment to clear it up within a specified period of at least 15 days. The vacancy of the apartment may be imposed by the local national committee on a tenant or another user even if the lease or other lease or other contract of use of the apartment pursuant to Article 21 is invalid or if the owner of the house is involved or if it is found that the apartment is being used by the person who has seized it in an arbitrary manner, without legal justification. The provisions of this sentence shall apply mutatis mutandis if, pursuant to Section 21, sublease (rental) or other contract for the use of excess rooms are invalid.
(2) In the cases referred to in paragraph 1, the owner of the house shall be obliged to lease the apartment to the person ordered by the local national committee, governed by the provisions of § 2, paragraph 1, second sentence and § 3 and 6; the period of 15 days laid down in § 2, paragraph 3 shall be calculated from the date on which the decision of the local national committee (the removal order) becomes final. In such cases, if there is a room in excess, the provisions of Paragraph 13 (2) shall apply mutatis mutandis to their sublease (lease).
The enforceable decisions of local national committees shall be implemented by their own bodies (municipal execution) or by a court (judicial execution).
(1) An appeal under this Act cannot be ruled out as a suspensive effect, excluding an appeal from the designation of the person of the tenant.
(2) Local national committees shall submit appeals within 3 days to a superior national committee, which shall decide on the appeal within a further 15 days.
The acts or omissions transposing the provisions of this law or the decrees issued pursuant to it (§ 1, par. 1 and § 11 par. 1) shall be punishable by the county national committees, after expressing the local national committees, as a penalty of up to 50.000 CZK or by imprisonment within 6 months or both. In the event of imperfections of the fine, the replacement prison sentence shall also be determined according to the degree of guilt within the limits of the free penalty rate. In the same way, he will be punished - if not for a criminal offence - who, in the submission to the local national committee or to another body responsible for implementing the law, intentionally misstates or confirms the facts which are to be the basis of the decision of the committee or body, or who will keep them quiet.
(1) The concept of houses of the State under this Act does not include real estate, confiscated according to the decrees of the President of the Republic No. 12 / 1945 Coll. (e.g. No. 104 / 1945 Coll. SNR as amended by No. 64 / 1946 Coll.) or No. 108 / 1945 Coll., if the State does not use them for its purposes or for the accommodation of employees referred to in § 5.
(2) Where there is talk of the owner of the house in this law, it shall be understood as such, unless the nature of the matter implies otherwise, also his legal representative or agent, as well as the occupant of the house.
(3) Where there is talk in this law about the user of an apartment, it is understood, unless something else is apparent from the nature of the matter, also the owner or the occupant of the house, if they are using the apartment in their house.
(4) The members of the family under this law are counted husband (wife), mate (mate), relatives in a straight line and siblings.
They are considered to be statewide reliable under this Act without any other person not covered by the provisions of Sections 1, 1, 2 and 3 of Decree President of the Republic No. 108 / 1945 Coll.
The above provisions shall not apply:
1. provision § 1 to 6 and 10
(a) the houses of the State, countries and districts or undertakings, funds and institutes administered by these corporations, and the houses owned or managed by the railways or railway funds;
(b) to the apartments used or hired by the corporations referred to in (a) for their official purposes;
(c) to apartments for which a residence permit will be granted after the publication of this law;
(d) to houses used by a foreign State for the purposes of its diplomatic mission or its consular office or for the accommodation of employees of that mission or office, or to apartments of persons who are members of official or semi-official foreign missions;
(e) in rooms in public-service housing associations and in rooms serving the operation of trade authorisations for the possession of foreigners;
(f) apartments rented in the municipalities referred to in the Order of the Ministry of Finance of 5 January 1928, No 10 Coll., which establishes a list of spa treatment sites, usually treated with spa guests;
(g) home apartments serving their purpose;
(h) apartments which have been built for the company for its employees either by the employer or by the funds and other facilities intended for the benefit of the employees of the company, and apartments in the houses which have been allocated to the employer by the President of the Republic No. 12 / 1945 Coll. (e.g. No. 104 / 1945 Coll. SNR, as amended by No. 64 / 1946 Coll. SNR) or No. 108 / 1945 Coll. for the accommodation of the employees of the company, provided that in both cases the owner of the house (employer) rents them or otherwise gives them to the employees of the company and the apartments do not become excessive (§ 12);
(ch) apartments and rooms used for charitable, therapeutic, educational, physical and educational purposes, or for the accommodation of members of the Church Regulations and the conventions of the State recognised churches;
2. Paragraph 7 to 9 on houses and apartments listed under No 1 (d);
3. provision § 11 to 14
(a) houses and apartments listed under No 1 (d);
(b) apartments for which an important public interest could be affected by the ordering of lodgers (tenants), in particular those designated in offices, institutes and undertakings for the accommodation of employees;
(c) the parts of the apartments which, in the municipalities listed in No. 10 / 1928 Coll., their tenants or other users usually sublease (rent) to healing spa guests;
4. provision § 15 to 18 for houses, apartments and rooms listed under No 1 (a) to (e).
Final provisions.
This law applies only to municipalities with more than 3,000 inhabitants or designated by the District National Committee; its decision must be declared in the municipality in the usual manner.
Utilisation (validity)
1. Government Order of 3 August 1944, No 166 Coll., on the Housing Management Office, as well as the general measures granted under it;
2. the Law of 26 June 1940, No 178 of the Slovak Republic, on housing care;
3. the Law of 22 December 1942, No. 254 of the Coll. on the provision and occupation of apartments and restrictions on the right of removal, as amended by the Decree of 15 October 1945, No. 127 Coll. n. SNR;
4. § 11 to 17 of the Law of 25 November 1943, No 160 of the Coll. on measures following hostile combat acts, on compensation for damage caused by these acts and on the addition of civil aviation protection legislation.
This Law shall take effect on the day of its publication and shall expire on 31 December 1948; It shall be implemented by the Minister for Social Welfare in agreement with the Ministers involved.
Dr Beneš v. r.
Gottwald v. r.
Dr. Unedible v. r.
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Regulation Information
| Citation | Act No. 163 / 1946 Coll., on Exceptional Housing Measures |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.08.1946 |
|---|---|
| Effective from | 09.08.1946 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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