Literal question
5. Legal basis for use of housing unit
[] Use of housing unit by building owner
[] Company-owned dwelling, apartment provided as income
[] Main tenant (also co-op apartments)
[] Limited lease
[] Unlimited lease
[] Freehold dwelling (owner used)
[] Other form of tenure (subtenant, free use by relatives of building owner, etc.)
Interviewer instructions
5. Legal basis for the use of a housing unit:
[p. 59]
Explanation: Principal tenant can be based both on the Tenancy Law and on the Act for Non-Profit Building Associations. Principal tenant should be marked for apartments in city-owned public housing, cooperative apartments (under lease or contract of use), and rented condominiums as well as for rent-to-own housing units whose purchase is not possible until a later date.
Under use of housing unit by building owner falls:
Housing units in single family homes and duplexes that are occupied by the building owner and
apartments of the building owner in a tenant-occupied house even if they are treated as rental units in the accounts.
Condominiums (owner used) should be marked if the owner co-owns the property and has the exclusive right of use to a housing unit. A contract on the basis of the Condominium Dwellings Act between the co-owners must be present regardless of whether or not it has already been entered in the Land Register; this item should also be marked if such an apartment ownership contract is pending.
Company-owned apartment and an apartment provided in kind: A company-owned apartment is a fringe benefit in addition to compensation; for an apartment provided in kind, the use is part of the compensation (e.g. in farming).
"Other legal relationship": This includes, for example, housing units rented as "Second apartments for recreational purposes", apartments provided to retired farmers by their children as a part of the farm transfer, and apartments in senior citizen residential complexes that are inhabited with "right of residence for life" but not on the basis of the Tenancy Law.
Temporary primary tenant is entitled only to use for the length of the rental contract.
For condominium ownership, "use of housing unit by house owner" is to be marked in the sense of building co-owner. For former rental housing units, where ownership was acquired after appraisal and division of the building into smaller units, "condominium (owner used)" should be marked.
Housing units owned by employers are only a "company-owned apartment" for the employee if its relinquishment presents a fringe benefit to the salary. The use is complimentary or the payable charge lies significantly below a comparable "Rent."
Sporadically occurring lease contracts (most likely in single family home area) are to be recorded as "Other legal relationship."
For housing units, in which on the day of the census absolutely no persons are reported, the designated legal relationship is to be indicated.
This question serves the basic assessment of the living situation of the population, concrete for many housing and social policy decisions, like measures of ownership assistance or for the support of certain population groups.
Austria has a high rate of home and housing unit ownership. In all states -- excluding Vienna --the portion of house and housing unit ownership at the main residence housing unit was over 50% in 1991.
Since 1994, the main rental contract can also be closed in a fixed term. The intent of the lawmakers was, through the introduction of time limitations, to make it possible for home or housing unit owners, who at that time do not need their housing unit, to rent the house or housing unit for a limited time. Thus, housing unit hunters should be able to find a housing unit more easily, but the owner can, after the expiration of the time limit, again control the apartment.
What actual effect does this measure have? How many persons now live in time-limited rental relationships and are, thus, actually only temporarily provided with a housing unit? Are these time limitations mainly found by persons that only temporarily need a housing unit?
