Housing Rights Research Articles

Macroeconomic drivers effect on housing sale prices in China

Purpose The purpose of this study is to conduct a thorough empirical investigation of the intricate relationship between urban housing sales prices and land supply prices in China, with the aim of elucidating the underlying economic principles governing this dynamic interplay. Design/methodology/approach Using monthly data of China, the authors use the asymmetry nonlinear autoregressive distributed lag (NARDL) model to test for nonlinearity in the relationship between land supply price and urban housing prices. Findings The empirical results confirm the existence of an asymmetric relationship between land supply price and urban housing prices. The authors find that land supply price has a positive and statistically significant impact on urban housing prices when land supply is increasing. Policymakers should strive to strike a balance between safeguarding residents’ housing rights and maintaining market stability. Research limitations/implications Although the asymmetric effect of land supply price has been identified as a significant contributor in this study, it is important to note that the research primarily relies on time series data and focuses on analysis at the national level. Although time series data offer a macroscopic perspective of overall trends within a country, they fail to adequately showcase the structural variations among different cities. Practical implications To ensure a stable housing market and meet residents’ housing needs, policymakers must reexamine current land policies. Solely relying on restricting land supply to control housing prices may yield counterproductive results. Instead, increasing land supply could be a more viable option. By rationally adjusting land supply prices, the government can not only mitigate excessive growth in housing prices but also foster the healthy development of the housing market. Originality/value First, the authors have comprehensively evaluated the impact of land supply prices in China on urban housing sales prices, examining whether they play a facilitating or mitigating role in the fluctuation of these prices. Second, departing from traditional linear analytical frameworks, the authors have explored the possibility of a nonlinear relationship existing between land supply prices and urban housing sales prices in China. Finally, using an advanced NARDL model, the authors have delved deeper into the asymmetric effects of land supply prices on urban housing sales prices in China.

Current situation and transformation ways of housing policy in Ukraine

Housing policy is one of the urgent scientific and practical areas within legal research because it has not been updated since 1995, and actual housing relations have already received a new meaning. The purpose of the study is to identify the features of the current situation and propose transformational approaches to housing policy. The study employs formal legal, statistical, and general scientific research methods, considering dialectical, synergistic, and axiological approaches. The main issue with Ukrainian housing policy is the absence of a modern concept guiding housing development and legal regulation. It is observed that the intensification of efforts to develop and adopt the principles of future state housing policy was conducted at the level of state authoritiesʼ activities. Based on the analysis of regulations in housing relations, it was determined that housing policy is part of a broader state policy – social policy. This is because it aims to meet the social interest – the need for housing. It is emphasised that housing policy is divided into national and regional housing policies. Particular attention is paid to the difficulty of restoring the destroyed housing facilities stock as a result of the war; it is suggested that a system of action be implemented to overcome the complicated situation in the housing sector. The study supports the idea of highlighting a specific area of modern housing policy in Ukraine, namely, ensuring the housing rights of vulnerable individuals, particularly those who have been forcibly evicted due to war. The study identifies specific areas of housing policy, including: the restoration of housing facilities (such as constructing new housing, compensating for destroyed housing, and conducting repair and construction works); devising an investment strategy for the housing sector; safeguarding citizensʼ housing rights; and revising housing legislation. These recommendations can be considered by the legislative and executive authorities when formulating a strategy and policy for the reconstruction of the housing stock of the state

Indigenous Housing Rights and Colonial Sovereignty: Self-Determination and Housing Rights beyond a White Possessive Frame

Through the lens of Aileen Moreton-Robinson's ‘white possessive logics’, this article addresses a series of legal cases concerning inhumane Aboriginal housing in the Northern Territory of Australia. It critiques successive government policies in relation to First Nations people since the colonisation of the Northern Territory in the nineteenth century, setting the cases in their historical context of ongoing subordination of First Nations people to the interests of white possession of land and governance. We argue that domestic law pertaining to First Nations housing rights manifests white possessive logics. Such control can only be overcome through affording First Nations communities self-determination over housing in accordance with international law and First Nations claims. Self-determination and sovereignty are antidotes to the colonial histories that underlie inadequate housing for Indigenous peoples not only in Australia but across settler colonies. In developing this argument, we draw on international law and honour the advocacy of Northern Territory Aboriginal communities who have struggled for community-control over housing and homelands over successive generations.

A Look at the Problem of Slumps and Urban Transformation Studies In the World Through the Analysis of Some Examples In Ankara

Recently, due to the accelerating urban population growth, the urban population rate has exceeded the rural population rate worldwide. Much of this increase is due to the Global South and East, with a significant portion of the population living in urban informal settlements. Therefore, urban transformation is inevitable for the rehabilitation of cities. However, squatting is a type of settlement that the states generally turn a blind eye to, and thus implicitly support for decades. The same states, this time, are trying to transform the same slums, which gained value especially in proportion to their proximity to growing cities.However, it should not be forgotten that in urban transformation, the balance between financialization of housing, dispossession and humane housing rights of slum settlers must be carefully and fairly. In this study, it has been tried to make determinations about the causes of the problem and to bring suggestions for solutions through some examples of slums and urban transformation from the world and Turkey in particular Ankara.

The issue of the preparation of documents for receiving compensation for real estate destroyed as a result of the armed aggression of russia

The article analyzes the experience of scientific research of some Ukrainian scientists in the issues of ensuring the housing rights of citizens and legal constructions of ensuring the housing rights of citizens in the conditions of armed aggression of the russian federation, as well as the issue of implementing the housing rights of forced migrants in Ukraine. The number of information messages about damaged or destroyed housing as a result of the armed aggression of the russian federation from citizens of Ukraine through the Ukrainian electronic service of public services «Diya» was considered, as well as the most affected regions were determined. The possibility of Ukrainian citizens who have suffered from military aggression to appeal to the European Court, which acts on the basis of the European Convention on Human Rights and the Universal Declaration of Human Rights, and the controversial issues of receiving compensation in the event of such appeals have been revealed. The draft law on compensation for damage and destruction of certain categories of real estate objects as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the russian federation was analyzed and the main amendments to this draft law were established. The main theses of the Law of Ukraine «On compensation for damage and destruction of certain categories of immovable property as a result of hostilities, terrorist acts, sabotage caused by the armed aggression of the russian federation against Ukraine» and the State Register of Property Damaged and Destroyed as a result of hostilities and terrorist acts were studied, sabotage, the armed aggression of the russian federation against Ukraine, and the main methods, process and conditions of receiving compensation have been updated. The main issues of preparing documents for receiving compensation for real estate destroyed as a result of the armed aggression of the russian federation have been determined. Problematic issues of compensation for the destruction of non-residential real estate of enterprises are analyzed. The need to support enterprises in matters of compensation for destroyed or damaged non-residential real estate, as business entities and their role in supporting the state economy, is substantiated. The list of documents that business entities need to receive future compensation for destroyed or damaged non-residential real estate has been established.

Legal politics of public housing savings for citizens’ decent and affordable housing

This research explores the legal aspects of Indonesia’s Housing Savings Law (Tabungan Perumahan Rakyat, Tapera). The study examines constitutional housing rights, challenges, and government involvement in housing financing, and underscores legal politics for equitable living environments. In line with Indonesia’s 1945 Constitution, which aims to enhance the people’s well-being, including their right to affordable and suitable housing, this is explicitly addressed in Article 28H, paragraph (1), emphasizing the right to live in physical and spiritual prosperity and have decent living conditions. The right to housing is clearly established as a human right in Law No. 39 of 1999 on Human Rights. However, challenges persist in providing affordable and accessible housing, as well as securing sustainable long-term funding. To address this, the government introduced Law No. 4 of 2016 on Public Housing Savings. This study examines the legal politics of this law, focusing on ensuring adequate and affordable housing for citizens. It emphasizes constitutional housing rights, challenges in meeting housing needs, and the government’s involvement in housing financing. The study concludes by underlining the importance of legal politics in ensuring fairness and creating a secure living environment.

CIVIL-LEGAL LIABILITY FOR VIOLATION OF HOUSING RIGHTS: ISSUES OF THEORY AND PRACTICE

Research objective. The need to identify the specifics of civil liability for various violations of housing rights in the absence of systemic legal regulation of liability issues, including civil liability, in the acts of housing legislation, and fragmentary nature of their study in the modern science of housing law predetermines the necessity to identify the specifics of civil liability for various violations of housing rights. In the context of continuous changes in housing legislation and development of judicial practice, expansion of the scope of application of civil law means and strengthening of inter-branch interaction, further development of the theory of civil law liability in case of violation of housing rights is obviously relevant. The article considers various types of civil liability in the housing sphere, which is of great social importance, it systematises them, and reveals the problems of bringing to civil liability of subjects of housing legal relations in case of non-performance or improper performance of their duties. The purpose of the study is both a comprehensive analysis of the application of the institute of civil liability in the housing sphere, and identification of the peculiarities of civil liability in case of violation of housing rights. Conclusions. As a result of the conducted research, the author comes to the conclusion that civil liability in the housing sphere is a secured state coercion imposition on the participants of housing legal relations of additional adverse consequences of property nature through the application of property sanctions for committing housing offences, aimed at restoring the violated housing rights of victims or preventing their violation. The civil-law nature of a significant array of housing relations creates the potential for the large-scale application of civil-law remedies, including such an important one as civil-law liability. The applied measures of civil liability for offences in the housing sphere are affected by the opposite effect of the sectoral peculiarities of housing law. The specificity of civil liability for violation of housing rights is conditioned by the peculiarities of the legal regime of residential premises, which is simultaneously the object of housing and civil legal relations, and consists in a significant number of legal requirements to the residential premises themselves. The legal regime of residential premises predetermines predominantly peremptory statutory nature of civil liability, manifested both in the establishment of the form of liability and its amount. The basis for bringing to civil liability in the housing sphere is non-fulfilment or improper fulfilment by the subjects of the obligations included in the content of proprietary, obligatory or corporate legal relations, the object of which is residential premises. Civil liability in the housing sphere may be not only of a restorative nature aimed at restoring violated housing rights, but also of a preventive nature in the form of deprivation or restriction of the subjective housing right, if the use of residential premises violates its qualitative characteristics as an object of housing rights. Most civil liability measures are aimed at ensuring the safety and maintenance of residential premises in a fit for purpose condition. Further improvement of protective norms of housing legislation on civil liability will contribute to the effective protection of housing rights against violations.

The Right to Adequate Housing & brics

Abstract This paper analyses the implementation of the right to adequate housing in Brazil, China, and Russia, which are part of the brics group of countries. The study reveals that while Brazil and Russia have legally recognised the right to housing through domestic law and multinational human rights treaties, China has been less willing to do so. Even when international instruments have been implemented, they have not always successfully ensured state accountability for housing rights violations, and few cases have been brought under individual complaint procedures. This study highlights common housing issues faced by each jurisdiction in the practical implementation of the right to housing, which are similar to those encountered by other countries but are often more severe due to the economic, political, and historical circumstances of the countries under review.

Moving house: How much choice do people with learning disabilities have about where they live?

AbstractBackgroundPeople with learning disabilities have the right to choose where they live. However, evidence suggests people's choices are limited due to a shortage of housing.Methods200 Lives was a mixed methods research project, which evaluated supported living and residential care for people with learning disabilities in England; 107 people with learning disabilities took part, 77 from supported living and 30 from residential care.FindingsTwo‐thirds of people in supported living compared to half of those in residential care chose the place they were currently living in; however, less than half of all participants looked at another property before moving to their current house. People in supported living were significantly more likely to have chosen who they lived with. Reasons for moving mainly consisted of reactive moves following an issue with the previous living situation. Many people had not considered moving in the future.ConclusionFindings suggest that people's choices about where to live were constrained regarding the properties on offer and who to live with. This suggests that people's housing rights were not being upheld. Support and housing providers should ensure that housing can adapt to people's changing needs and wishes over the course of their lives.

A Study on Recommendations for Improving Minimum Housing Standards

Minimum housing standards aim to safeguard housing rights and enhance residential conditions. Governments develop housing policies, including provision, preservation, and support for welfare programs, guided by the status of households below these standards. Growing nations commonly utilize this approach to decrease the proportion of households not meeting these criteria. In South Korea, the ratio of households below these standards was 4.5% in 2021, down from 16.6% in 2006, as indicated by the initial Korea Housing Survey. However, this downward trend has stalled over the past decade. With the 2004 and 2011 revisions, the standards have been effective for 12 years, yet no longer mirror current housing realities due to ongoing improvements. This study aimed to propose enhancements to Korea’s minimum housing standards. Through analyzing laws, prior research, present household statuses, international cases, and expert insights, recommendations emerged. Categorizing households by size, we developed precise standards covering area, facility, and location aspects. These new standards led to an 8.4% non-compliance rate in 2021. This research’s findings anticipate aiding the revision of minimum housing standards, formulating pragmatic policies for enhancing residential conditions in line with present situations.

IDI기법을 통한 군 주거지원에 대한 사회적 인식 연구

This study aims to obtain the direction of military housing policy by studying various social perceptions of military residences through IDI(In-depth Interview). The purpose of this study was to identify the difference in perception of the military housing policy from a new perspective between the supplier and consumer of the military housing policy, to identify the problems of the military residence policy, and also to explore tasks to improve the military housing policy. As a result of in-depth interviews, it was found that there is a specific difference in social perception of military residences among various social classes. First of all, it was confirmed that the overall perception of the military residence in Korean society was higher in negative than positive. Second, in the case of policy providers (for example politician, public officials, also ordinary people) who plan and implement the military residence policy, they perceive military residences negatively. In addition, double feelings (they feel bad on the inside but pretending to be good on the outside regarding the policy) are also found for the military official. Third, in the case of policy consumers (for example soldiers and family) who benefit from the military residence policy, they perceive military residences relatively positively, but there are also many negative recognitions. Soldiers and families recognized military residences as one of their basic housing rights.

부산 대연우암공동체 주민들의 구술을 통해 본 주민조직의 의미

The purpose of this case study was to review the process of forming a community in an unlicensed residential area in Busan, focusing on its re-territorialization and thereby, define its space academically and further, examine the significance of community organization playing an important role in this process. The method for this study was dictation of ‘oral life history’. The residents’ experiences were meaningful as ‘counter-history’. Thus, 5 residents were interviewed in-depth. The community’ organization was meaningful in the following aspects. First, it was meaningful as a litige-community the conflictual cooperation and secondly, it helped its member residents to perceive from ‘village’ to ‘community’ through education. Lastly, it encouraged its member residents to perceive their community activities and outside solidarity not as efforts for housing rights for village but as inter-connected sphere for their community.

The right to housing as a component of the right to an adequate standard of living: issues of implementation amidst Ukraine’s housing stock destruction and solutions

This article presents a comprehensive analysis of the right to housing, framing it as an essential component of the broader right to an adequate standard of living. Situated within the context of international human rights norms, the article scrutinizes how these global standards influence and shape Ukrainian legislation. It argues that national laws should aim not merely to provide a basic minimum but to ensure a dignified standard of living that encompasses the full range of capabilities necessary for individuals to function effectively in society.
 The study delves deeply into the multifaceted nature of the right to housing, examining its various components and dimensions. It highlights the acute challenges that Ukraine faces in implementing this right, particularly in light of the extensive damage to the country's housing stock due to Russian aggression. The article emphasizes the pressing need for a holistic and multi-disciplinary approach to address the complex issue of restoring damaged housing and constructing new dwellings to replace those that have been destroyed.
 Furthermore, the article underscores the pivotal role that both the private sector and international aid organizations must play in Ukraine’s post-war reconstruction efforts. It posits that solving the housing crisis is not an isolated endeavor but is intrinsically linked to broader social protection mechanisms, issues of population displacement, and the overall quality of life for Ukrainian citizens. The study suggests that a multi-stakeholder approach, involving governmental agencies, non-governmental organizations, and international partners, is crucial for addressing the intricate challenges posed by the housing crisis.
 In summary, this scholarly article offers a nuanced understanding of the right to housing within the Ukrainian context, influenced by international human rights standards. It advocates for a multi-dimensional and collaborative approach to tackle the housing crisis, emphasizing the interconnectedness of housing with broader social, economic, and ethical considerations. The study serves as a valuable resource for policymakers, scholars, and practitioners interested in understanding and addressing the complexities of housing rights in post-conflict settings like Ukraine.

가로주택정비사업 활성화를 위한 법적 개선과제

It can be evaluated that our housing administration has contributed to solving the absolute shortage of housing. However, it has caused numerous side effects, including speculative investment in real estate, threats of housing rights for the common people, and intensification of extreme disputes among residents over business promotion.
 Recently, due to these side effects, the Urban Renewal Projects, such as large-scale urban maintenance projects as in the past, have been greatly reduced. Paradoxically, however, as the housing supply decreased, another social problem occurred, such as the increase in the number of deteriorated housings, vacant houses, and the acceleration of slumming in the region.
 To resolve these problems, the government introduced The Street Housing Improvement Project through a revision of ｢Act on the Improvement of Urban Areas and Residential Environments｣(2012) and a legislation of ｢Act on Special Cases Concerning Unoccupied House or Small-scale Housing Improvement｣(2018). It is faster than the existing readjustment project and has the advantage of increasing the resettlement rate of indigenous people.
 However, It is necessary to review the public work of the reconstruction project and the housing improvement project in a city block, examine whether the legislation is valid or not, focusing on legal issues that compare between the expropriation and request for Sale. In determining the public work of reconstruction projects and housing improvement project in a city block, the expropriation violates the principle of proportionality.
 Therefore, in order to improve these problems, above all, it is necessary to increase business feasibility by expanding the size of the business. In addition, rather than the immediacy of the project, it is necessary to create a system such as the Dispute Mediation Committee, that can mediate conflicts between residents.
 Of course, some of the above improvements will not be able to activate Street-Housing Redevelopment Projects. Basically, in order for Street-Housing Redevelopment Projects to properly settle down and achieve their original purpose, the street-housing maintenance project must be converted to an Actual Residence perspective, The society will need a great transition of perspective from “immediacy and efficiency effectiveness” to “safety and happiness” and “the aesthetics of slowness”.

Институт жилищных прав детей-сирот: проблемы юридических гарантий

The Russian Federation as a welfare state has to guarantee social protection for certain target groups, one of which is orphans. Housing rights of orphans are central in the complex of social rights, but the problem of inability to secure housing for orphans remains unresolved. The purpose of the study is to analyze how the housing rights of orphans are realized in the judicial practice, to identify the causes of violations of legislation and to develop recommendations for its improvement. The article uses a neoinstitutional approach that allows to analyze the practice of implementing housing rights of orphans and the problems faced by orphans in the implementation of their housing rights. The study identifies the most frequent violations of the housing rights of orphans, considers the court decisions, and formulates recommendations for improving the normative acts regulating the housing rights of orphans.

Contesting Housing Inequality: Housing Rights and Social Movements

This article engages with a leading contemporary criticism of social and economic human rights, namely that because such rights are organised around sufficiency norms, they are ill‐equipped to challenge and overturn forms of material inequality. The sufficiency thesis raises issues around the nature of social rights and their capacity to deliver transformative change, and lays a direct challenge to social movements employing human rights talk and practices in campaigns for social justice. This article breaks new ground by taking the right to housing as a case study for assessing the sufficiency thesis. It is argued that while there is some support for the sufficiency thesis in dominant institutionalised legal forms of the right to housing, the wider claim of the thesis, that social rights are incapable of challenging forms of material inequality, does not hold water. This argument is supported by a broad approach to housing rights that engages with the work of the UN Special Rapporteurs on housing and which takes seriously the way in which contemporary social movements in Spain and Scotland employ housing rights in their struggles for housing justice.

Life-Affirmative Struggles for Home Across Borders

Issue 5.1 of the Radical Housing Journal (RHJ) examines the current state of struggles for housing and home amidst capital-accumulation-induced urban restructuring worldwide. The authors discuss the enduring impact of settler colonialism on land and housing rights, particularly for Indigenous peoples. Feminist, queer, and trans perspectives are brought to the forefront, emphasizing the leadership roles played by marginalized communities in housing justice struggles. The issue showcases the important contributions of Black women, women of color, and queer activists in fighting for housing justice and challenging oppressive power structures. Additionally, this issue presents alternatives to the current dangerous status quo, urging us to envision radical futures where humanity respects ecological limits, ensures universal access to resources, and grants autonomy in their utilization. It envisions a world where housing is available to all, allowing individuals to choose their desired living arrangements. The 'Pursuing Tenant International: Learning from the Struggles in Abya Yala' conversation series further amplifies the voices of tenants, organizers, activists, artists, and thinkers engaged in cross-border struggles. These conversations shed light on the challenges faced by communities fighting for their right to home and dignified living conditions in Los Angeles and Mexico City.

Public Service providers’ Perspectives on and Responses to the Health and Social Consequences of Gentrification in Atlanta, Georgia

Service providers’ perspectives on, and responses to the health and social impacts of gentrification have been underexplored. This study’s objectives were to assess health and social service providers’ perspectives on the causes and impacts of gentrification and their responses to gentrification’s impacts. Qualitative in-depth interviews were conducted with 15 service providers sampled using maximum variation and snowball sampling, in Atlanta, Georgia, U.S.A. Inductive thematic analysis was used. Providers characterized gentrification as increases in community-level social and economic advantage and displacement of Black and Brown people. Neighborhood divestment and speculative development were reported determinants of gentrification. Revitalization and economic growth were reported positive effects of gentrification; negative ramifications included inflated housing costs, residential displacement, and reduced access to health and social services. Providers enacted multiple solutions to mitigate the negative consequences they observed, including educating residents on housing rights and collaborating with other organizations to expand outreach to displaced residents. Service providers are integral to contributing to knowledge on the causes and impacts of gentrification, and absolving problems resulting from gentrification. Additional research documenting service provider’s responses to the impacts of gentrification are needed to inform how future community development strategies are developed to create more benefits than harms.

Protection of Housing Rights of Children with Disabilities in the Activities of the Commissioner for Children's Rights (on the Example of the Irkutsk Region)

This paper is devoted to the analysis of the activities of the Commissioner for Children's Rights in the Irkutsk region to protect the housing rights of children with disabilities. The study emphasized that the protection of the rights and legitimate interests of children with disabilities is the most important activity of the Commissioners for the Rights of the Child. We presented the current statistical data of the Federal Register of Disabled People and the Federal State Institution «Main Bureau of Medical and Social Expertise in the Irkutsk region» of the Ministry of Labor of the Russian Federation on the number of children with disabilities in Russia and the Irkutsk region by gender, age and leading causes of childhood disability. The article examined the housing rights of children with disabilities, the conditions and procedure for their provision, as well as an analysis of regulatory legal acts regulating these rights. The article considers the situation on the implementation of the rights of families with children with disabilities who are recognized as in need of housing in the Irkutsk region for 2019–2021 on the basis of statistical information from annual and special reports on the results of the activities of the Commissioner for Children's Rights in the Irkutsk region. The study identified the key problems faced by municipal authorities in the process of providing residential premises and conditions of their accessibility for children with disabilities. We analyzed the proposals of the Commissioner for Children's Rights in the Irkutsk region to resolve these problems and improve the effectiveness of compliance with the housing rights of children with disabilities in the Irkutsk region. The study found that the proposals and solutions to housing issues of children with disabilities formulated by regional ombudsmen are advisory in nature, since they depend largely on the legislative initiative of the federal authorities and their reassessment of the financial and economic capabilities of regions and municipalities.

Emancipating human rights: Capitalism and the common good

AbstractThis article begins with a study of the political economy of welfare capitalism to demonstrate how the private quest for profit was never going to be undermined by the advance of socio-economic rights. Contrary to the conventional view among human rights lawyers, capital draws power from its rights or welfarism. It is in recognizing the role that socio-economic rights play in serving capitalism that the field of international law concerned with structurally transformative human rights can begin to explore how socio-economic rights inhibit alternative forms of social organization. This work then turns to recovering property rights through a study of recent evictions and housing rights case law of the UN Committee on Economic, Social and Cultural Rights that problematizes structural inequities and calls the financialized capitalist system into question. Next this work investigates radical legal positivism in international indigenous rights jurisprudence for how it transcends the private ownership of indigenous lands and control over the means of production. The social function of property rights is then revisited and extended, drawing to a close an article that unearths how socio-economic rights might yet emancipate people from capitalist property relations, alter the underlying structure of the economy, and, in time, sever its concordance with the capitalist welfare state.