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Low-Rent Housing Approach

Original Language Title: 廉租住房保障办法

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(November 8, 2007 the Ministry of construction, the national development and Reform Commission, the Ministry of supervision, Ministry of Civil Affairs, Ministry of finance, Ministry of land and resources, people's Bank of China, the State administration of taxation and the National Bureau of statistics released the 162th come into force on December 1, 2007) Chapter I General provisions article to promote the construction of low-rent housing system and to solve the housing difficulties of urban low-income families, these measures are formulated.
    Article of the housing difficulties of urban low-income families and low-rent housing, supervision and management, application of this approach.
    Housing difficulties of urban low-income families mentioned in these measures refers to cities and municipalities within the town, family income, housing status, in line with city and county governments provision conditions families.
    Article city and county governments should be in resolving the housing difficulties of urban low-income families development plans and annual plans, clear the low-rent housing targets, measures, and incorporated into the national economic and social development plan and the housing construction plan. Fourth building departments of the State Council guidance and supervision work and low-rent housing throughout the country. Construction of local people's Governments at or above the county level (housing) departments in charge of low-rent housing management work within their respective administrative areas.
    Low-rent housing work can be used by city and county governments to determine implementation institutions.
    The people's Government above the county level of development and reform (price), monitoring, civil affairs, finance, land and resources, financial management, tax, statistics departments in accordance with the Division of duties, is responsible for the low-rent housing related work. Chapter II protection section fifth low-rent housing monetary subsidies and rent combined physical distribution. Monetary subsidies refers to the local people's Governments at or above the county level to apply for low-rent housing rental housing allowance the housing difficulties of urban low-income families, on its own to rent housing.
    Rent refers to the local people's Governments at or above the county level to physical distribution application for low-rent housing the housing difficulties of urban low-income families are provided with housing and rent according to the prescribed standards. Implementation of low-rent housing, mainly by granting rental subsidies, enhanced ability of the housing difficulties of urban low-income families to rent housing.
    Low-rent housing shortage of the city shall be by way of building and buying, increasing the availability of physical distribution of low-rent housing rent.
    Sixth of municipal and county governments should be based on the average local household housing, financial sustainability, and housing difficulties of urban low-income families, population, structure and other factors in order to determine the low-rent housing space standards.
    Article seventh monetary subsidies, subsidies in accordance with the housing difficulties of urban low-income families in housing area per square metre and protection area is the difference between the standard, rental housing subsidy standards. Rental housing subsidy per square meter standard by city and county governments according to local economic development levels, market rents, affordability of the housing difficulties of urban low-income families and other factors identified.
    Of subsistence allowances for urban residents, where families can be determined according to the local average market rent rental housing subsidy standard; other housing difficulties of urban low-income families, can be determined according to the income classification standard of rental housing subsidies.
    Article eighth physical rental distribution mode, with rented area of the housing difficulties of urban low-income families housing area and protect the area's balance. Government pricing assigned public rental housing rents in kind. Assigned public rental housing rents in kind, in accordance with the assigned public rental area and city and county governments than the rent stipulated under standard.
    Conditional areas for family subsistence allowances for urban residents, can waive real housing within the area of the assigned public rental housing rents.
    Chapter III safeguard funding sources and housing section Nineth low-rent housing financing funds a variety of channels.
    Low rent housing guarantees sources including: (a) annual financial budget arrangements of low rent housing guarantees funds; (ii) extraction loan risk reserves and management costs Hou of housing Provident Fund value-added returns balance; (three) land transfer NET in the arrangements of low rent housing guarantees funds; (four) Government of low rent housing rent income; (five) social donation and the other way raised of funds.
    Article tenth loan-risk provisions and housing Provident Fund management expenses the incremental benefit of balance, should be used for low-rent housing construction.
    Land proportion of net income for low-rent housing funds, shall not be less than 10%.
    Government low-rent housing rental income should be in accordance with the State budget expenditures and the relevant provisions of the financial system, the two lines of income and expenditure management, for use in the maintenance and management of low-rent housing.
    11th article on financial difficulties in the Midwest region, according to the central budget for investment subsidies and low-rent housing in the central budget support of the relevant provisions of the special purpose grants fund.
    12th in-kind matching sources of low-rent housing for rent includes: (a) the Government building, purchase of housing, (ii) make certain public housing; (c) donated by the community housing and (iv) other channels to raise housing.
    13th land for construction of low-rent housing should be priorities in the land supply plan, and listed separately when submit annual land quota, allocation, and guarantee supplies.
    Planning and layout of land for low-rent housing construction, housing difficulties of urban low-income families should be considered for residence and employment facilities. Construction of low-rent housing should adhere to the principle of economical and suitable, improve the level of planning and design, basic functions, should be in accordance with the requirements of the development of energy-saving, environmentally-friendly housing, promotion of new materials, new technologies, new processes.
    Low-rent housing should be consistent with national quality and safety standards.
    Article 14th in building low-rent housing, supporting construction should be taken and the relative concentration of construction methods, mainly in affordable housing, the ordinary commodity housing project construction.
    New low-rent housing, single set of floor space should be controlled within 50 square meters, according to the housing needs of the housing difficulties of urban low-income families, reasonable structure.
    Accessory building low-rent housing, affordable housing, or ordinary commercial housing projects, should be planned, State-owned land allocation decisions or State-owned land use right grant contract, clearly supporting the building of low-rent housing total floor area, sets, layouts, cover such matters as type, as well as after the completion of the transfer or repurchase.
    15th construction of low-rent housing are exempt from administrative fees and Government funds.
    Encouraging public donations housing as a low-rent housing or donated funds for low-rent housing.
    Unit of Government or designated by the Government of new construction, purchase, renovation of housing as a low-rent housing, community donations of low-rent housing, funding, tax policy implementation in accordance with State regulations.
    The fourth chapter application, examination and approval of applications for 16th and low-rent housing, and should provide the following materials: (a) proof of family income, (ii) documentation of the housing situation of the family; (c) the family member and co-owner, and (iv) other documentation specified in city and county governments. 17th article application low rent housing guarantees, according to following program handle: (a) application low rent housing guarantees of family, should by heads to account location subdistrict offices or town Government proposed written application; (ii) subdistrict offices or town Government should since accepted application of day up 30th within, on applicants of family income, and family housing status whether meet provides conditions for audit, proposed trial views and notice announced, will trial views and application material together submitted City (district), and
    County Government construction (housing guarantees) competent sector; (three) construction (housing guarantees) competent sector should since received application material of day up 15th within, on applicants of family housing status whether meet provides conditions proposed audit views, and will meet conditions of applicants of application material turned sibling home sector; (four) home sector should since received application material of day up 15th within, on applicants of family income whether meet provides conditions proposed audit views, and feedback sibling construction (housing guarantees) competent sector;
    (E) audited, family income, family housing in accordance with the conditions prescribed by building (housing) competent authority of publicity, publicity deadline is 15th; no opposition or dissent is not established by public notice, as a low-rent housing objects to be registered, inform the applicant in writing, and results to the public. Upon examination, does not meet the required conditions, construction (housing) competent authorities shall notify the applicant in writing, giving reasons.
    The applicant disagrees with the audit results, can contribute to the construction (housing) competent authorities complaints. 18th construction (housing) authorities, civil affairs and other relevant departments, as well as sub-district offices, town government, through household surveys, neighbourhood access and forensic methods, such as a letter on the applicant's household income and housing conditions were verified.
    The applicant and the relevant units and individuals shall cooperate with and provide relevant information.
    19th construction (housing) departments shall consider the registration of the housing difficulties of urban low-income families income levels, housing difficulties and applications, and individual application protection modes, determine the appropriate form of protection and the waiting order, and open to the public.
    Already registered as a low-rent housing guarantee of subsistence allowances for urban residents families, where monetary subsidies for rental housing, to prioritize subsidies that basically should do.
    Physical distribution to rent for low-rent housing should be priority have been registered for the object of orphan, old, sick, disabled and other special hardship case families, and family subsistence allowances for urban residents and families of badly needed relief.
    Article 20th on the waiting list in place of the housing difficulties of urban low-income families, building (housing) competent authorities or specific bodies shall have a form of guarantee, signed lease agreement or low-rent housing subsidies and housing lease contract, rental housing subsidies to rent or with low-rent housing.
    Issuance of assigned public rental housing and rental housing subsidy results should be made public.
    21st rental housing subsidy agreement should explicitly rental housing subsidies of rental housing subsidies, stop, and so on. Low-rent housing rental contract shall specify the following:

    (A) housing of location, and towards, and area, and structure, and subsidiary facilities and equipment status; (ii) rent and paid way; (three) housing uses and using requirements; (four) rental term; (five) housing maintenance responsibility; (six) stop real distribution rent of case, including tenant people has not meet provides conditions of, will by tenant of low rent housing lent, and sublet or change uses, no due reason continuous 6 months above not in by tenant of low rent housing live or not pay low rent housing rent,;
    (VII) breach of contract and dispute resolution, including returned to the low-rent housing, rent adjustment, in accordance with related laws and regulations, and (VIII) other conventions.
    Fifth article 22nd of supervision and Management Department of State building departments, provincial building (housing) competent authorities shall, jointly with relevant departments to strengthen supervision and inspection of low-rent housing, and to publish the results of supervision and inspection.
    City and county governments should regularly publicize the housing difficulties of urban low-income families and low-rent housing.
    Article 23rd City (district) and county building (housing) competent authorities shall establish the low-rent housing file and take periodic visits, checks and other means, to grasp the housing difficulties of urban low-income families population, income and housing changes the situation.
    24th have been recipients of rental housing subsidies or assigned public rental housing the housing difficulties of urban low-income families, should be on an annual basis to local neighborhood Office or town government truthfully family, income and housing changes.
    Street or town Government to verify declarations, posted and declared and verified results reported building (housing) authorities.
    Construction (housing) Department under the housing difficulties of urban low-income families, income, housing, change, adjust the physical distribution of rental housing subsidies or rental area, rents, etc; no longer meet the required conditions, rental housing subsidies should be stopped or returned by the lessee in accordance with the contract and low-rent housing.
    25th leased by the housing difficulties of urban low-income families may not be low-rent housing lent, sublet, or change of use.
    Housing difficulties of urban low-income families in violation prescribed in the preceding paragraph or one of the following acts shall be returned in accordance with the contract and low-rent housing: (a) for 6 consecutive months without good reason not in the low-rent housing tenants living above, (ii) accumulated more than 6 months without good reason not to pay low-rent housing rent.
    Article 26th city housing difficulties of low-income families are not returned in accordance with the contract of low-rent housing, construction (housing) competent authorities shall order the return deadline; fails to return, in accordance with the contract, dealing with, inter alia, the revision of rent.
    Housing difficulties of urban low-income families refused to accept the provisions of the preceding paragraph are handled by building (housing) competent authorities or specific bodies in accordance with the relevant laws and regulations.
    27th article of the housing difficulties of urban low-income families income, housing standards and housing space standards, achieve dynamic management, city and county governments to the public once a year.
    28th article of any units and individuals have the right to impeach and accuse any acts in violation of these rules.
    The sixth chapter legal liability article 29th housing difficulties of urban low-income families to hide relevant information or provides false information to apply for low-rent housing, construction (housing) authorities was inadmissible, and given a warning.
    30th article on to cheat, not due means, made audit agreed or get low rent housing guarantees of, by construction (housing guarantees) competent sector give warning; on has registration but yet get low rent housing guarantees of, canceled its registration; on has get low rent housing guarantees of, ordered its returned has received of rental housing subsidies, or exit real distribution rent of housing and by market fill make yiqian rent.
    31st low-rent housing enforcement agencies in violation of the rules, does the Government set standards of low-rent housing rent, by the price departments investigate and punish.
    32nd article violates these rules, construction (housing) staff of the Department and the relevant departments or municipal and county governments determine the implementing agency staff work in the low-rent housing in abuse of power, negligence, malpractice, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 33rd single straight tube housing of low-income urban families, can refer to the relevant provisions of this approach, to rent housing within the area of appropriate relief. 34th article of the measures shall take effect on December 1, 2007.
                                                                                                        Released on December 31, 2003, the towns of the management of low-rent housing for low-income families (Ministry of construction, Ministry of finance, the Ministry of Civil Affairs, Ministry of land and resources, the State administration of taxation, the 120th) repealed simultaneously.