Designing a new rental housing law for Romania

Christudason, A; Kenna, P; Amann, W and Mundt, A (2010) Designing a new rental housing law for Romania. International Journal of Law in the Built Environment, 2(2), pp. 157-177. ISSN 1756-1450

Abstract

Purpose – This paper aims to describe the outcome of a research program carried out by the Austrian IIBW to support the Romanian Government in redesigning its national housing law in order to cope with specific problems on the Romanian housing market, such as the absence of tenure choice and affordable and tenuresecure rental housing. Design/methodology/approach – Specific housing problems and requirements of legal changes were identified by policy makers and in previous studies. Solutions are provided by an international team of experts with the target to include European best practice concerning rental and limitedprofit rental law. Findings – This paper concentrates on three major topics within the restructuring of the Romanian housing law that permit integrating European best practice in the field of housing policy. First, Romanian rental housing legislation is reconsidered and a marketbased relative price control based on the German experience and on written contracts is proposed. Second, a new publicprivatepartnership (PPP) housing law, building on the framework of PPP social housing providers in Europe, and especially Austria, is considered. A rigid frame of checks and balances and public compensation of social service obligations are core elements. Third, special attention is paid to the compliance of proposed measures with European Union legislation on competition, which is of major importance for any legal recommendations to be applicable. Practical implications – The proposed legal changes are designed to foster the development of a functional longterm private and social rental market in order to meet the housing needs of the Romanian population. Originality/value – The overarching research program this paper builds on was commissioned by the Romanian Government and was intended to address specific and current problems on the Romanian housing market.

Item Type: Article
Uncontrolled Keywords: housing; housing legislation; international law; Romania
Index terms: Europe, housing law, European Union, partnership, housing policy, best practice, tenure, compensation, social housing, Romania, legislation, rental market, compliance, profit, Austria, competition, housing need, program, population, methodology, housing
Subjects: housing and residential development, demography, partnership management, market analysis, housing law, physical geography and landforms, research methods, software systems, Geography, health safety and environment, public policy, real estate economics, legal systems, economic analysis, construction type, business, dispute resolution
Topics: Urban Studies, Digital Applications, Legal Issues, Research Practice, Geographical Context, Health and Safety, Business Strategy, Governance, Construction Technology, Stakeholder Management
Descriptive scope: 3 PCT

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here