Administrative Measures For Public Rental Housing

Original Language Title: 公共租赁住房管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700369584.shtml

Administrative measures for public rental housing

    (May 28, 2012 housing and urban-rural construction, 11th report as of July 15, 2012) Chapter I General provisions

    The first in order to strengthen the management of public rental housing to ensure equitable distribution, standardized operation and use sound exiting mechanisms, these measures are formulated. 

    Second public rental housing allocation, operations, use, withdrawal and management, application of this approach.

Third public rental housing in these measures refers to qualified construction standards, and rent levels, oriented to meet the required conditions of the housing difficulties of urban lower-middle income families, new jobs without workers and stabilize the employment of migrant workers in towns of affordable rental housing.

    Public rental housing through the construction, reconstruction, acquisition, leasing and other means to raise, by the Government, can also be supported by Government policies, social investment.

    Public rental housing can be a separate flat, or is the dorm-type housing.

Article fourth State Department of housing and urban-rural development department is responsible for directing and overseeing the work of the national public rental housing.

    Local people's Governments at or above the county level housing and urban-rural construction (housing) within the Department responsible for the Administration's management of public rental housing.

    Fifth municipalities and municipal and County housing security departments should strengthen the construction of public rental housing management information system, establish and improve the management of public rental housing.

    Sixth article of any organizations and individuals to report violations of these measures has the right to complaint.

    Housing and urban-rural construction (housing) competent authorities receiving reports, complaints, it shall be verified, processed in a timely manner.

    Chapter II application and review

Article seventh had applied for public rental housing should be subject to the following conditions:

(A) the provisions in local housing or housing below standards;

    (B) income, property is lower than the prescribed standards;

    (C) the applicant is a migrant worker in the local stable employment meet prescribed.

    Specific conditions by the municipality and city and County Housing Authority determined according to the actual situation of the region, reported the people's Governments at the corresponding level for approval and to the public. Article the applicant shall, according to city and County Housing Authority of regulations, submit the application materials, and be responsible for the authenticity of the application materials.

Written consent of the applicant shall city and County Housing Authority to verify the declared information.

The applicants submitted application materials are complete, the city and County Housing Authority shall accept and issue to the applicant a written voucher application materials are incomplete, and shall inform the applicant in writing requires corrections of material at once.

    In the development zone and zone set construction for the employer or park employees equipped with rents of public rental housing, the employer may apply on behalf of employees in this unit.

    Nineth of municipal and County Housing Authority shall, jointly with relevant departments, to review the application materials submitted by the applicant.

After being examined, for eligible applicants should be publicized, no opposition or dissent is not established by public notice, registration for the public rental housing waiting list, and open to the public; does not meet the eligibility criteria of the applicants shall be notified in writing and state the reasons. The applicant disagrees with the audit results, can apply to the city and County Housing Authority for review.

    City and County housing security departments should review, jointly with relevant departments, and will review the results within 15 working days to inform the applicant in writing.

    Chapter III the waiting and assigned public rental

    Article tenth of registered as waiting list applicants, public rental housing should be arranged during the waiting period. Municipalities and municipal and County Housing Authority shall, in accordance with the region's economic development level and the demand for public rental housing, determines the public rental housing waiting time, reported the people's Governments at the corresponding level for approval and to the public.

    The waiting period does not normally exceed 5 years.

11th public rental housing is determined, city and County Housing Authority assigned public rental scheme should be established and announced to the public.

Assigned public rental scheme should include the availability of location, number, type, size, rent levels, supply range, register an interest period, and so on.

    Enterprises and institutions to invest in objects of the supply of public rental housing, can be provided to employees in this unit.

    12th assigned public rental scheme after the wait objects can be assigned public rental scheme, to city and County Housing Authority for the registration of intention. City and County housing security departments shall, jointly with relevant departments, within 15 working days to review the registration of intention of waiting for the object.

    Does not meet the requirements, shall be notified in writing and state the reasons.

13th waiting for review by the objects, city and County Housing Authority can take comprehensive evaluation, random lottery or any other means to determine service rent a object and the sort.

    Comprehensive scoring approach, lottery and score, the lottery process and results should be open to the public. 14th match rent a object and the sort after you determine should be publicized.

Publicity without objection or opposition is not established, with rental objects are sorted by assigned public rental options in public rental housing.

    Assigned public rental results should be open to the public. 15th review by waiting for State pension benefits on a regular basis in the object of special care and objects, such as orphans, the sick person, you can give priority to public rental housing.

The scope and priority measures for the priority municipalities, and County Housing Authority, and according to the actual conditions of the region, reported the people's Governments at the corresponding level for approval and to the public.

    Social investment and the employer on behalf of the employees to apply for public rental housing, only to the audited registered as waiting list applicants assigned public rental.

16th match rent objects after you select public rental housing, public rental housing owners or their authorized operating units and assigned public rental lease contract shall be in writing.

    Prior to the conclusion of the lease contract, the owner or the operating unit should be entrusted to provisions dealing with liability of the lessee in the lease contract and public rental housing should be returned to the tenant a clear description.

17th public rental housing tenancy contract shall include the following:

(A) the name or names of the Contracting Parties;

(B) the housing location, use, size, structure, facilities and equipment, and use;

(C) the lease duration, amount and method of payment;

(D) the housing maintenance responsibility;

(E) property management services, water, electricity, gas, heating and other related costs payment responsibility;

(F) return of public rental housing;

(VII) breach of contract and dispute resolution;

(VIII) other promise.

People's Governments of provinces, autonomous regions and municipalities directly under the housing and urban-rural construction (housing) competent authorities should develop public rental housing tenancy contract demonstration text. 

    After the contract is signed, public rental housing owners or the operating unit should be entrusted in the 30th contracts within the city and County departments of housing security.

    18th public rental housing tenancy period normally not more than 5 years.

19th of municipal and County Housing Authority shall, jointly with relevant departments, in accordance with the principle of just below housing market rents with lots to determine the rents of public rental housing in the region, reported the people's Governments at the corresponding level for approval.

    Rents of public rental housing should be announced to the public, and adjusted on a regular basis.

    Article 20th level of rents of public rental housing tenancy contract, shall, in accordance with municipal and County approved the rents of public rental housing standards.

21st the lessee shall, according to the contract, pay the rent.

    Tenant income is lower than the local standard, can apply for rental subsidy or reduction in accordance with the relevant provisions.

    22nd government investment in public rental housing, rental income in accordance with the relevant provisions of government non-tax income management over to the State Treasury at the same level, the two lines of income and expenditure management, for use in public rental housing loan repayment of principal and interest and the maintenance and management of public rental housing.

    23rd due to employment, schooling and other reasons need to change public rental housing, ownership by public rental housing or its principal operating unit agree that lessees are interchangeable between the tenants of public rental housing.

    Fourth chapter using the exit

24th public rental housing owners and its principal operating unit shall be responsible for maintenance of public rental housing and supporting facilities, and ensure proper use of public rental housing.

    Government investment in public rental housing maintenance costs through the rents of public rental housing income and supporting business services facilities rental income shortfall by budgeting solution; social forces to invest in the construction of public rental housing repair and maintenance costs borne by the owner and its principal operating unit.

    25th public rental housing owners and its principal operating unit may not change public rental housing affordable housing properties, use and planned use of the facilities. 26th the lessee may be supplemented, decorated by tenants of public rental housing.

    Needed renovation, public rental housing should be made the owner of or its principal operating unit with its consent.

27th the lessee of any of the following acts, public rental housing should be returned:

(A) lend, sub-lease or unauthorized transfer of leased public rental housing;

(B) change in use by tenants of public rental housing;

(C) destruction or unauthorized repair by tenants of public rental housing, refused to restore the status quo ante;

    (D) engaging in illegal activities in the public rental housing;

(E) no justification for more than 6 months in a row of vacant public rental housing.

    Lessee's refusal to return public rental housing, city, and County Housing Authority shall order the return deadline; fails to return, the city and County Housing Authority may apply to a court for mandatory enforcement according to law.
28th of municipal and County housing authorities should strengthen supervision and inspection of public rental housing.

Public rental housing owners and its principal operating unit should the lessee uses public rental housing inspections, found to be in violation of this regulation, shall be dealt with according to law, or reporting to the authorities in time.

    Today 29th lessee for more than 6 months of rent arrears, should make back the rent of public rental housing who refuses to make back, public rental housing owners or their authorized operation unit may initiate litigation to the people's Court, require the lessee to make out in public rental housing.

Article 30th needs to renewal of the lease period expires, the lessee shall be 3 months prior to the expiry of the lease and County Housing Authority to apply. City and County Housing Authority shall, jointly with relevant departments on whether the applicant is eligible for review.

Qualified upon examination, annual renewal of rent and sign a lease.

    Submit a renewal application not according to stipulations of the lessee, expiry of the tenancy should be released back to public rental housing who refuses to make back, public rental housing owners or their authorized operation unit may initiate litigation to the people's Court, require the lessee to make out in public rental housing.

31st the lessee of any of the following circumstances, public rental housing should be released back:

(A) submit a renewal application but does not meet the renewal criteria upon examination;

(B) the lease term, through purchase, gift, inheritance or any other means to obtain other housing and no longer meet the public rental housing with the lease conditions;

(C) the lease term, tenant or acquisitions of other affordable housing.

Lessee of any of the circumstances set forth in the preceding paragraph, public rental housing owners or the operating unit should be entrusted to schedule the removal period, removal period of rent paid in accordance with the amount stipulated in the contract.

    Expiry of the relocation does not release public rental housing, the lessee is no alternative housing, shall be paid in accordance with the market price rent tenant housing, public rental housing owners or their authorized operation unit may initiate litigation to the people's Court, require the lessee to make out in public rental housing.

    32nd real estate agencies and brokerage officials shall not provide public rental housing for rent, sublease, sale and brokering business.

    The fifth chapter legal liability

    Article 33rd housing and urban-rural construction (housing) authorities and their staff in the management of public rental housing to perform the duties as provided herein, or abuse of power, negligence, malpractice, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

Article 34th public rental housing owners and its principal operating unit in violation of these regulations, any of the following acts, the municipal and County Housing Authority a rectification, and a fine of 30,000 yuan fines:

(A) to the objects that do not meet the criteria for public rental housing;

    (B) failure to fulfil maintenance obligations for public rental housing and related infrastructure;

(C) change of public rental housing affordable housing properties, use and planned use of the facilities.

    Public rental housing ownership of human agency, in accordance with article 33rd.

    35th applicant to hide relevant information or provides false information to apply for public rental housing, city, and County Housing Authority not to accept and give a warning, and recorded in the management of public rental housing. To cheat, not due means, registration for round waiting object or tenant public rental housing of, by city, and County Government housing guarantees competent sector sentenced 1000 Yuan following fine, remember into public rental housing management archives; registration for round waiting object of, canceled its registration; has tenant public rental housing of, ordered deadline returned by tenant public rental housing, and by market fill paid rent, late not returned of, can law application Court forced implementation,

    Lessee to return within five years from the date of public rental housing may not apply again for public rental housing.

36th the lessee of any of the following acts, the municipal and County Housing Authority ordered at market prices to pay the rent from the date the violation occurred, recorded in the management of public rental housing, and fined 1000 Yuan fine; illegal gains, illegal gains 3 times but no more than 30,000 yuan a fine:

(A) lend, sub-lease or unauthorized transfer of leased public rental housing;

(B) change in use by tenants of public rental housing;

(C) destruction or unauthorized repair by tenants of public rental housing, refused to restore the status quo ante;

(D) engaging in illegal activities in the public rental housing;

(E) no justification for more than 6 months in a row of vacant public rental housing.

    The acts listed in the preceding paragraph, the lessee from the date of return of public rental housing may not apply again for public rental housing within five years; losses caused shall bear liability.

    37th article violates this article 32nd, 37th according to the real estate brokerage management, local people's Governments at or above the county level housing and urban-rural development (real estate) the competent authority shall order correction within entered into a real estate broker credit files; real estate brokers who fined 10,000 yuan fine for real estate brokers, cancel online agency qualification, fined 30,000 yuan fine.

    The sixth chapter supplementary articles

    Article 38th of provinces, autonomous regions and municipalities directly under the housing and urban-rural construction (housing) formulated by the competent Department in accordance with the measures implemented. 39th article of the rules take effect on July 15, 2012.