BILL intended to void Law 112/1995 and to restore the right of ownership over certain buildings for dwelling that have come under public ownership.
Chapter 1
GENERAL PROVISIONS
Art.1 The former owners, natural persons or their heirs, of buildings for dwelling which came under public or legal entity ownership as such, after March 6th, 1945, with title deed, and which were into state or other legal entity property, on December 22nd, 1989, as well as the Communities whose real estate had come under public ownership are subject to the retrievable measures mentioned by this law.
Art. 2 The persons and the communities mentioned in art.1 will get compensations in kind, by restoring the right of property over rental apartment buildings; when this is not possible, because the building does no longer exist, they will get compensations established by the justice. Buildings that have been compensated for, are as well subject to compensation in kind.
The restoration of the right of property is conditional upon returning the compensation (amount of money, dwelling) received on retrievable basis. This compensation will be indexed according to the law.
Chapter 2
COMPENSATION IN KIND
Art. 3 The district or local town halls where the building for dwelling is located, will draw up documents restoring the right of property of owners or their heirs, within 2 months from the enactment of this law, at the owners’ request. The contracts concluded between tenants and the State will be annulled and will be replaced by contracts concluded with the owners, observing the legal settlements and which will provide an adequate protection for the owners, as defined on the date the present law is published.
Within 45 days following the publishing of this law, the owners have to file an application for restoration of their rights.
Art. 4 At the owners’ request, the deeds of conveyance concluded till present are annulled automatically by this law.
The amounts paid by tenants for the purchase became public revenue if those who purchased the dwelling were aware of the fact that the dwelling belonged to someone else (in this case they are considered accomplices to stealing). The return of money is decided by legal decision only.
Chapter 3
TENANT PROTECTION
Art. 5 The tenancy agreements concluded in accordance with Law no. 5/1973 that concern the building administration and regulate the owner-tenant relations regarding the buildings mentioned in art.1, will be dully extended over a period of one year following the coming into effect of this law.
The rent will be established by law.
Any dispute between owner and tenant, within this one year period, has to be settled by the law court only.
The provisions at item 1 do not apply in the following cases and in these cases, the tenants are evacuated within 90 days following the coming into effect of the present law:
Art. 6 The owners may require legal compensations in accordance with the law if the tenants modify or deteriorate the dwellings.
Art. 7 The tenants over 60 years of age, will get from the town hall, within a period of 1 year, a suitable dwelling, in accordance with dwelling norms.
The tenants under 60 years of age will get special low interest loans and land for building a dwelling.
Both categories of tenants have to return the dwellings to the legal owner, within a maximal period of 2 years, in optimal conditions of maintenance.
Art. 8 The legal tenants of the dwellings that are not claimed by the former owners or their heirs may purchase the dwellings in full or installments payment.
The provisions of the previous item are also available for tenants living in dwellings built by extending the initial dwelling.
If the purchase payment is done in installments, a minimum 30% account of the dwelling price will be paid when concluding the contract. The monthly installments will be spread over a period of maximum 15 years, with an interest representing half of the reference interest established yearly by the Romanian National Bank.
Newly married couples, under 30 years of age, as well as persons over 60 years of age will pay a 10% account and the installments will be spread over a period of maximum 20 years.
The commission due to the special institutions that evaluate and sale dwellings represents 1% of their price.
Tenants that cannot raise money in order to purchase the dwelling where they live may
remain in the respective dwelling, paying a rent established by law.
Chapter 4
FINAL PROVISIONS
Art. 9 The special procedures and those intended to get the documents necessary for enforcing the rights mentioned by this present law, as well as the real estate advertising are exempted from the postage due stamp.
Art. 10 Special laws will regulate legal situations of other dwellings that are not mentioned in the present law, dwellings that have come under public ownership before December 22nd, 1989, irrespective to their initial purpose, including those that had been demolished for public purposes.
Art. 11 This law is enforceable also for the former owners, their heirs respectively, of dwellings that have come under public or other legal entity ownership as such, after March 6th, 1945, and that were alienated by sale-purchase, or by other procedures, to natural persons.
Art. 12 The Government will decree stating measures for the enforcement of the present law, within 30 days from publishing this law in the Official Bulletin.
Art. 13 The present law is enforceable since publishing it in the Romanian Official Bulletin and makes void Law 112/1995.