Lhasa City Public Rental Housing Management

Original Language Title: 拉萨市公共租赁住房管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201308/20130800390303.shtml

Lhasa city public rental housing management

    (April 26, 2013, Lhasa city people's Government, the 10th General Meeting May 25, 2013, Lhasa city people's Government published come into force on July 1, 2013, 44th) directory

    Chapter I General provisions

    Chapter houses to raise

    Chapter III administration of assigned public rental

    The fourth chapter management

    Supervision and administration of the fifth chapter

    The sixth chapter supplementary articles

    Chapter I General provisions

    First for the improvement of the city's housing security system, standardize management of public rental housing, protect the housing difficulties of urban lower-middle income families, migrant workers and jobs people's basic need for housing, according to the relevant regulations of the State, autonomous region, combined with the city's actual, these measures are formulated.

    Second, public rental housing, this approach applies to this plan, rental construction, distribution, use and supervision and management.

    Third public rental housing in these measures refers to government policies support investment projects or limited area and rents, for eligible families and staff of affordable rental housing.

    Fourth public rental housing management should follow the plan, Government-led, according to principles of openness, fairness, community participation.

    Fifth of municipal housing and urban-rural development department is the Department of public rental housing in the city, responsible for developing public rental housing development plans, annual construction goal and related policies, and to guide and supervise the work of public rental housing in the city.

    The County (district) housing and urban-rural development department, responsible for the administration of public rental housing in construction management and organization.

    City, County (district) the competent Department of housing and urban-rural construction housing enforcement agencies, in accordance with the Division of labour is responsible for approving applications for public rental housing households housing situation and housing area and issue relevant certificates.

    The sixth city, County (district) departments shall, in accordance with the following Division of duties, is responsible for the management of public rental housing and supervision:

    (A) for public rental housing development and reform Department review of the project, project grant, project audits;

    (B) land resources and Planning Department is responsible for establishing the annual land supply for public rental housing construction projects planning and project siting, planning and approval;

    (C) the financial departments responsibility for arranging public rental housing construction projects and auditing the disbursement of funds;

    (D) the national tax department responsible for the implementation of tax-related incentives;

    (E) the Home Department is responsible for verifying the urban lower-middle income families, and provide the family to apply for public rental housing (urban lower-middle income family) income certificate;

    (F) human resources and Social Security Department is responsible for verification of migrant workers to the city's labor contracts, and issue public rental housing families (migrant workers) income certificate;

    (VII) public security department responsible for providing proof of residence of the family members to apply for public rental housing, is responsible for the safety and security of the public rental housing, fire safety regulations;

    (H) the Environmental Protection Department is responsible for environmental impact assessment of public rental housing construction projects;

    (I) the Inspection Department, Audit Department is responsible for public rental housing construction projects and funds used, rent to oversee distribution.

    Article seventh city, County (district) people's Government through direct investments, capital injection, such as investment grants, subsidized loans, increase investment in construction and operation of public rental housing.

    Chapter houses to raise

    The eighth city, County (district) public rental housing through the construction, reconstruction, acquisition, long-term rental housing or in other ways in the market to raise.

    Nineth of public rental housing construction funding sources include:

    (A) the State and autonomous region special funds;

    (B) the municipal budget funds for the financial year;

    (C) the land transfer revenue arrangements in the city's public rental housing;

    (D) grants, Fund loans, bonds and other ways to raise funds.

    Tenth public rental housing to complete sets of small family homes, dwelling area standard, determined by the city's Department of housing and urban-rural construction, and announced to the public.

    11th the new public rental housing to build, to acquire and construct as a supplement, take large dispersion, small concentrations of reasonable layout.

    Location of new public rental housing should be convenient, complete public facilities area.

    Land for public rental housing construction, included in the annual land supply plan. 12th government investment construction of public rental housing owned by the Government, designated by the Department of housing and urban-rural construction departments are responsible for management.

    Enterprise support the construction of public rental housing owned by investment companies and industries by the Government departments in charge of the management of public rental housing.

    13th city, County (district) people's Government through the acquisitions of the type public rental housing should be affordable and reasonable price.

    Acquisition programme of work by the city and County (area) specified by the people's Government departments, people's Governments at the same level for approval.

    14th commercial housing, slum redevelopment project in the allocation of public rental housing, according to the construction area, construction number converted into a transfer of public rental housing by the Government.

    Chapter III administration of assigned public rental

    15th for tenants of public rental housing to families as basic units, each family determine 1 eligible family members of the applicant, and other family members as joint applicants, I for single persons to apply for public rental housing applicants.

    Each limit families, single persons apply for a tenant of a public rental housing.

    16th article to apply for public rental housing applicants must meet the following conditions:

    (A) has the jurisdiction of domicile or residence certificate issued by the public security departments, and lived in this city for more than 1 year;

    (B) the family member per capita annual income is below last year's average wage in the city;

    (C) applicants in the non-owned housing or per capita housing floor space less than 15 square meters (15 square meters);

    (D) the application did not enjoy local rental housing subsidy to low-rent housing other housing security policies.

    17th to apply for public rental housing, in accordance with the following procedure:

    (A) the applicant shall truthfully provide the trial unit with application, proof of residence, identity card or residence certificate issued by the public security authorities proved, labor contract and proof of income, housing status certificates, proof of marital status, and other materials. (B) the trial unit shall, within 15 working days from the date of receipt of the application together with the relevant departments to review the qualifications of the applicant, submitted preliminary review opinions, and review application materials and preliminary views.

    Fails in the first instance, shall notify to the applicant the reasons.

    (C) the review shall be the receipt of the application materials and comments within 10 working days from the date of first instance consulted relevant departments and review comments. (D) review units should be qualified applicants for reexamination of family information publicity, including family income, housing conditions, and so published not less than 15th. Publicity during the dispute, by review unit in conjunction with the Inspection Department for verification.

    Verified the objection is established, it shall inform the applicant in writing and state the reasons. After publicity raised no objection or opposition is not established, the applicant entered the waiting.

    The waiting period, the applicant's family income, housing and the number of changes, should take the initiative to review unit submit written material to review qualifications.

    (V) through the waiting list for public rental housing households equipped with rented shall be requested by the Department of housing and urban-rural construction related formalities.

    Apply for municipal or municipal people's Government takeover of investment and construction of public rental housing the trial unit for place of residence Street, human resources and Social Security Department or unit to which the applicant, the review unit for the city's Department of housing and urban-rural construction.

    Applications for the County (district) people's Government invested or County (district) people's Government purchase public rental housing the trial unit as a place of residence of township (town) people's Government, the County's labor and Social Security Department or unit to which the applicant, a review unit for the County (district) Department of housing and urban-rural construction.

    The 18th focus on employees ' applications for public rental housing units, by the employer in accordance with the provisions of the present article 17th United applied for public rental housing.

    19th open distribution of public rental housing rent system.

    City, County (district) housing and urban-rural construction departments will be equipped with rental source type, quantity, location and other relevant information in the media announced in due course, and in accordance with the sequence of applications, selection of public rental housing sites and should be a lottery assigned public rental apartment area.

    20th have access to low-rent housing rent policy of distribution in kind families, have been incorporated into the town and State-owned mining shanty home and enjoy the institution of swing space policy cadre working families, not tenants of public rental housing.

    The families with low-rent housing conditions for tenants of public rental housing, may apply in accordance with the relevant provisions for low-rent housing rental subsidies.

    The fourth chapter management

    21st the rents of public rental housing in the city, the municipal housing and urban-rural construction, development and reform, finance and other departments to develop and implement dynamic adjustments on an annual basis.

    Rent of public rental housing must not exceed similar lots, 60% of the same quality housing market rents.

    Rent of public rental housing by the lessor or his or her delegate's property management service on a monthly, and turned over to the Department of housing and urban-rural construction.

    Article 32nd public rental housing lessors shall sign written lease contracts with lessees.

    Municipal or municipal people's Government takeover of investment and construction of public rental housing, by the Department of housing and urban-rural construction in owned housing enforcement agencies rental contract with the lessee; the County (district) people's Government invested or County (district) people's Government purchase public rental housing, the County (district) Department of housing and urban-rural construction and the lessee signed a lease contract.

    23rd lease contracts in General, the term shall be not less than 1 year but not more than 5 years. Expiry of the lease contract, the lessee shall be retired from public rental housing.

    Needs to renewal, shall apply 3 months before the expiration of the contract; the audited eligible, to sign the lease contract.

    Upon the expiry or termination of the lessee in the lease contract, agreed in the lease contract for the release back procedures who refuses to make back, lease contract, and if necessary, the lessor may apply to a people's Court for compulsory execution, and units (sub-district offices, employment units) notice.

    24th houses the lessor to the lessee to charge a rental deposit, security deposit shall be indicated in the lease contract.

    25th housing lessors are responsible for the operation and maintenance of public rental housing, and to ensure building safety.

    26th lessees should be fair use to rent premises and its equipment, facilities, it may not, alterations to the property.

    27th lessee of any of the following acts, housing with the housing lessee terminate the lease contract the lessor has the right to recover public rental housing:

    (A) will be lent, leased to tenants housing;

    (Ii) altering the lease housing live use and structure;

    (C) more than six consecutive months does not live in leased housing;

    (D) more than three months in a row is not paying rent on time;

    (E) use of tenant houses engaged in illegal and criminal activities;

    (Vi) access to other forms of policy housing security;

    (VII) the lessee purchases, gifts, inheritance, housing;

    (VIII) other acts of breach of contract.

    28th rental income of public rental housing, public rental housing should be specifically used to pay off loans and public rental housing maintenance and management costs and investment grants.

    Supervision and administration of the fifth chapter

    29th article violates these rules, not truthfully family housing, lie to rent public rental housing by public rental housing property unit terminates the rental contract, the lessee should quit the House and pay rent at the housing property rights unit provides standard; lied to rent charged to the credit file, may not apply for affordable housing within 5 years.

    30th public rental housing lessors in the duration of leasing contracts in accordance with the provisions of standard of rental for rent or unauthorized to families not eligible for public rental housing, municipal housing and urban-rural development department shall order the rectification, surrender, lot rent or eviction.

    31st article housing and urban and rural construction competent sector and about sector and staff using positions Shang of convenience received property or other benefits of, and not law perform supervision management duties of, against public rental housing applicants, and rental both party lawful rights and interests of of, by this level Government, and superior about sector or monitored sector according to terms ordered corrected, informed criticism; on competent head and other directly responsibility people law give disposition; constitute crime of, law held criminal.

    The sixth chapter supplementary articles

    Article 32nd for swing space in public rental housing, according to the autonomous region and the city swing space under management. 33rd article this way come into force on July 1, 2013.