7. Problems regarding rights〈article 7)〉 In a legal clinic held immediately after the earthquake, most of consulted cases concerned rented houses and land (specifically, approximately 70% of cases consulted in Osaka bar association hall (1995/1/26 to 3/31) concerned this problem). The relationship in rights is very complicated in the general urban area, especially in the inner area. For example, in Midoro of Nada-ku, approximately 36% of housing units were owner-occupied units built on owned land (AAA), approximately 22% were owner-occupied housing built on rented land (ABB), approximately 27% were rented housing (AAC) and approximately 12% were rented housing built on rented land (ABC). Even in the west urban area where the number of owner-occupiers is comparatively large, the proportion of rented land is not very small in the old part of the area. Owner-occupied housing built on owned land can be rebuilt by the owner's own efforts according to the funds and will for rebuilding. But when rented housing built on rented land is destroyed, whether or not the leasehold is still valid substantially affects the life rehabilitation of the resident. Some owners want to cancel the leasehold on the occasion of the destruction of the building. As a countermeasure, a Risai Toshi Shakuchi Shakka Rinji Shori-ho (in force for three years) was applied for defending the leasehold of tenants. According to this law, a tenant and leaseholder have priority (1) to acquire the land of which one had the right of leasehold, (2) to be granted the leasehold, and (3) to acquire the right of lease of newly built housing. Actually, however, there remain a number of problems: Even though a tenant can acquire the right of lease of the place he/she has been living in, when several tenants ask for the right, which tenant can acquire the right under what conditions? Also, when a tenant asks for the grant, how are the rights of the occupied land and the rented land are divided as the conditions of the grant? What if the land is mortgaged? In addition, although previous tenants can move to new housing, what if the rent is highly increased or the total number of dwelling units is decreased? Thus, it is very difficult to adjust the rights in a short period of time. The law was applied for the purpose of precipitating the rehabilitation, but the previous rights are difficult to adjust while the priority remains, and it may be said that the application of this law has instead resulted in slowing the rebuilding of these housing units. Furthermore, leasehold cannot be mortgaged to pay for rebuilding. When a RC building is to be built, there arises a problem in acquiring an agreement of the owner, updating the leasehold, and negotiation about a rent. Therefore, rebuilding on rented land by a joint housing project is difficult. After all, the rebuilding is obstructed not only by the funds and the space conditions of sites but also by the adjustment of the complicated rights. The rights can be adjusted merely as civil affairs, and tenants are forced to solve their own problems by their own efforts within the ranges of the Land Lease Act and the Building Lease Act.
In a legal clinic held immediately after the earthquake, most of consulted cases concerned rented houses and land (specifically, approximately 70% of cases consulted in Osaka bar association hall (1995/1/26 to 3/31) concerned this problem). The relationship in rights is very complicated in the general urban area, especially in the inner area. For example, in Midoro of Nada-ku, approximately 36% of housing units were owner-occupied units built on owned land (AAA), approximately 22% were owner-occupied housing built on rented land (ABB), approximately 27% were rented housing (AAC) and approximately 12% were rented housing built on rented land (ABC). Even in the west urban area where the number of owner-occupiers is comparatively large, the proportion of rented land is not very small in the old part of the area. Owner-occupied housing built on owned land can be rebuilt by the owner's own efforts according to the funds and will for rebuilding. But when rented housing built on rented land is destroyed, whether or not the leasehold is still valid substantially affects the life rehabilitation of the resident. Some owners want to cancel the leasehold on the occasion of the destruction of the building. As a countermeasure, a Risai Toshi Shakuchi Shakka Rinji Shori-ho (in force for three years) was applied for defending the leasehold of tenants. According to this law, a tenant and leaseholder have priority (1) to acquire the land of which one had the right of leasehold, (2) to be granted the leasehold, and (3) to acquire the right of lease of newly built housing. Actually, however, there remain a number of problems: Even though a tenant can acquire the right of lease of the place he/she has been living in, when several tenants ask for the right, which tenant can acquire the right under what conditions? Also, when a tenant asks for the grant, how are the rights of the occupied land and the rented land are divided as the conditions of the grant? What if the land is mortgaged? In addition, although previous tenants can move to new housing, what if the rent is highly increased or the total number of dwelling units is decreased? Thus, it is very difficult to adjust the rights in a short period of time. The law was applied for the purpose of precipitating the rehabilitation, but the previous rights are difficult to adjust while the priority remains, and it may be said that the application of this law has instead resulted in slowing the rebuilding of these housing units. Furthermore, leasehold cannot be mortgaged to pay for rebuilding. When a RC building is to be built, there arises a problem in acquiring an agreement of the owner, updating the leasehold, and negotiation about a rent. Therefore, rebuilding on rented land by a joint housing project is difficult. After all, the rebuilding is obstructed not only by the funds and the space conditions of sites but also by the adjustment of the complicated rights. The rights can be adjusted merely as civil affairs, and tenants are forced to solve their own problems by their own efforts within the ranges of the Land Lease Act and the Building Lease Act.
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