Fuzhou City, The State-Owned Property Management

Original Language Title: 福州市国有房产管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388827.shtml

Fuzhou City, the State-owned property management

    (March 18, 2013, Fuzhou City people's Government, the 7th Executive 56th meeting March 25, 2013, Fuzhou City people's Government promulgated as of June 1, 2013) Chapter I General provisions

    First to strengthen the State-owned property management, protect the legitimate rights and interests of State-owned residential property owners and occupiers, in accordance with national laws and regulations and the relevant provisions, combined with the city's actual, these measures are formulated.

    Second State-owned residential property in these measures refers to the property owned by the State and authorized by the Municipal Government of Fuzhou City Centre management of State-owned property management property. State-owned property, including straight tube housing, public rental housing, low-rent housing, housing reform to make checking out remaining public housing and full funding of the Executive institutions (not including office space), closures, layoffs, mergers, transfer of State-owned enterprises, the reform of the housing, other real estate and municipal authorization management, and so on.

    State-owned property by nature is divided into two large categories of residential and non-residential.

    This approach applies to this article, five urban districts of State-owned real estate operation and management.

    Management of public rental housing, low-rent housing, developed separately by the municipal people's Government. Fourth, Fuzhou City-owned real estate management Center (hereinafter "municipal housing management center") is the State-owned property in the city's authorities, is responsible for the management of State-owned property in the city.

    Real estate management, housing management centre may entrust the district or other unit of State-owned property management property management.

    Article fifth State-owned residential property ownership and the right to legal protection by the State, no unit or individual is allowed to seize State-owned residential property.

    No unit or individual may illegally lease or sell State property or the use of State-owned property against public interest, prejudice the legitimate interests of others.

    Sixth of municipal housing management center of State-owned real estate information system should be established, State-owned real estate assets, and so on.

    Operating income of the State-owned property should be required to pay financial, the two lines of income and expenditure management.

    Chapter II administration of rental

    Seventh of municipal housing management centre as a State-owned real estate lessors, lease contract shall be signed with the tenant, and purposes agreed upon term of the lease, lease, lease, repair responsibility provisions. In General, the term of the leasing contract not exceeding two years, maximum of three years.

    Through consultation by both parties can be renewed after expiration. Eighth State-owned real estate leasing standard rent and the market rent.

    State-owned residential property implementation of the standards of the scope and standard of rental according to the relevant provisions of the municipal government, the market rent determined by the lease negotiation.

    Implementation of the standard lease contracts, standard rent in the lease in case of policy adjustments, the lease contract shall be according to the new standard of rental for renewal.

    For implementation of the criteria of, of the State-owned real estate leases granted by the lessor, the lessor shall periodically audit the tenants use the property register, and records of the State-owned residential property leases; unaudited register, void vouchers shall not be used as the basis for expropriation and compensation and other matters.

    Nineth lessee shall pay on a monthly rental shall not be unreasonably refused or arrears with the rent.

    Tenth article without the consent of the lessor, State-owned property may not be rent (including contracted, affiliated, lend, transfer, etc).

    Permission to sublet, sublease invalid sublease income to all lessors, the lessee shall be liable for breach. 11th system of State-owned residential housing rent, household can lease a implementation of the standards of residential housing.

    Of residential housing in the rental of two or more, the lessor is entitled to terminate the original contract of lease, recovery of rental housing or to one of the tenants in owner-occupied housing rent market rent housing.

    Article 12th standard rent of residential housing during the term of lease the lessee dies, their adult immediate family member meets the following conditions, death within 6 months in the original lessee lessor commissioned by House district, where the real estate management Department application was renamed to continue to rent:

    (A) within the same residence with the original lessee;

    (B) living together with the original lessee for more than 2 years;

    (C) the five urban areas without housing;

    (D) do not enjoy preferential housing policies set by the State;

    (V) one-time payment from Qingyuan County, lessee's rent owed.

   Original lessees within the same household has more than one immediate family member, the immediate family must reach agreement, determined that one eligible for State-owned residential property to rent for a new tenant.

    Do not apply within 6 months change the lessee or inconsistent consultation cannot determine the new lessee, the lessor has the right to terminate the lease contract, housing.

    13th implementation of the standard straight pipe housing residential lessees and property, by the consent of the lessor, the lessee can rent a house right, transferred five urban districts in this city without houses and did not enjoy preferential housing policies set by the State's new tenant, the new tenant lease contract shall be signed with the lessor again. 14th after expiration of the lease, the lessee shall withdraw from the original rental houses, to return the premises to the lessor.

    If you want to continue to lease, under the same conditions, in line with the original lessee of the State-owned property management have the right of the lessee. 15th during the leasing period, the lessee leased housing dangerous identification of qualified agencies identified as d-level dangerous, since the identification of the date of termination of the lease contract.

    The lessee shall notify the lessor the 10th of unconditional moved out; not moved out, the lessee shall assume responsibility for security.

    16th the lessee of any of the following acts, the lessor is entitled to terminate the lease contract, repossession, losses and claims:

    (A) arrears of rent up to six months without good reason;

    (B) the vacancy for more than six months without good reason;

    (C) altering the housing purposes;

    (D) unauthorized subleasing, sell, lend or swap without authorization;

    (V) unauthorized expansion, renovation, and demolition of the House;

    (Vi) use of tenant houses engaged in illegal activities or illegal profit;

    (VII) damage to state-owned property;

    (VIII) other acts that seriously harm the interests of the lessor.

    17th municipal housing management centre and its delegate District real estate management, real estate management unit should be established in accordance with administrative privileges of State-owned real estate industry archives and tenant information, periodic verification area of State-owned housing situation, information is true and complete, and fully reflect the sources, is located, structure, space, equipment, use and maintenance and change.

    Chapter management

    18th the lessee for the maintenance responsibility of the tenant houses, no units or individuals are allowed to damage State-owned property, shall make use of State-owned real estate to get illegal profits. Article 19th leased State-owned properties without changing the housing.

    Uses for historical reasons, reported after the consent of the lessor, to sign the lease contract, clear criteria for rent.

    20th residential housing to improve the housing conditions of the lessee, the lessor agrees, State-owned property right are interchangeable.

    State-owned property right Exchange, House swap should be written on both sides swap agreements, both legitimate use for housing vouchers and the party identification to the House area of the location of the real estate management Department to apply formalities as House right to swap.

    21st the lessee shall not on the lease of State-owned property renovation or expansion.

    Lessee prior to implementation of these measures by tenants of State-owned property or life need to be rebuilt or expanded, should be to the municipal housing centres for registration, alteration, expansion added real estate ownership belongs to the lessor of all.

    22nd the lessee decorating and adding equipment is installed in the House, should not affect the housing structure and safety, because the tenant's use reason, homes and personal property damage, the lessee shall bear the responsibility.

    23rd due to torrential rains, floods, typhoons, earthquakes and other natural disasters, the lessee shall be subject to the jurisdiction of the Government arranged temporarily moved out of the State-owned rental property or themselves purchase.

    The fourth chapter repair management 24th the lessor and lessee jointly assume responsibility for maintenance of State-owned property and ancillary facilities. Parties should be expressly agreed upon in the lease contract repair responsibilities.

    Endanger the safety of housing maintenance projects, the lessee should be promptly repaired, the lessor shall promptly repair.

    Torrential rains, floods, typhoons, earthquakes and other natural disasters, housing management departments at all levels should be aligned with area governments do guard work in advance, find the House of danger, repair in a timely manner.

    25th and attached facilities belonging to natural damage, the lessor is responsible for maintenance, damage due to improper use, or a fault of the lessee, the lessee is responsible for repairs.

    26th lessor housing and ancillary facilities should be subject to regular inspections, repairs, for its normal use and safety.

    When the home improvement or renovation and reinforcement of dangerous, lessee and adjacent to active cooperation, active relocation shall not unreasonably hinder or unreasonable request right, preventing repairs to housing. 27th State-owned real estate funding for repairs expenses from the rental income, should be earmarked, misappropriation is strictly prohibited.

    Home repair funding must meet the safety and basic conditions of use needs, prioritizing dangerous emergency reinforcement, leakage of funds.

    Chapter fifth receiver and Manager

    28th administrative and public institutions the remaining public housing (not including office space), approved by the municipal government shutdown, layoffs, mergers, restructuring of State-owned enterprises ' real estate, other real estate and municipal authorization management, should be uniformly transferred municipal Center for housing management.

    29th transferred real estate unit and its departments should complete all transfer of State-owned real estate inventory, summary statistics, and real estate property records documentation, full transfer of all property and related files (including the history of title certificate, certificate of land, real estate information, lease agreements, contracts, mortgages, debts, etc), and signed with the municipal housing management centre of the confirmation of the transfer of State-owned property.
30th after the transfer of property, the municipal housing management centre shall take the property transfer unit (or authority) certificate, confirmation of the transfer of information and mapping of bid for the ownership change procedures.

    31st transfer real estate unit and its property shall be disposed of before the transfer of authority in housing disputes and other related issues. Municipal housing management center after receiving real estate shall be to verify the original leased properties back.

    To meet the conditions of the lessee, to sign the lease contract, rental standards established; do not meet the conditions of the lessee, terminate the rental contract, housing.

    Chapter Sixth expropriation and compensation Article 32nd housing tax is determined, the housing levy is imposed by the Department in the House before the decision was made, State-owned property is located within the collection, use, area of such findings in writing inform the municipal housing Center, confirmed by the municipal housing management centre to verify.

    Municipal housing management centre is responsible for notification are local real estate management department within the suspension is imposed by the State-owned property right transfer, change of lessee and household and other procedures.

    Lessee does enjoy within the scope of national housing policy, municipal and district levels of housing management and housing registration, housing, and other relevant departments shall actively cooperate with the Center, and to provide written comments, collected by the municipal housing Center communicated to the housing sector. Article 33rd homes after a decision made by the Government, involving collection of State-owned property, is imposed by the housing sector in accordance with the expropriation and compensation programme, with city housing centers over a range of State-owned property housing compensation agreement signed.

    Departments shall pay the compensation agreement is imposed by State-owned residential property expropriation and compensation.

    Article 34th standard rent residential lessees did not enjoy the preferential policy of State-provided housing, residential property under the municipal housing management center in the recovery of government compensation money, lessees can buy expropriated houses public housing property levied with the housing sector housing compensation agreement signed. When housing, in addition to the straight pipe public non-residential tenant (housing management departments directly managing public records shall prevail) outside the lessee and the provisions of the preceding paragraph, other State-owned housing tenant not entitled to housing compensation should move out, homes without housing compensation agreement with the lessee.

    The original lessee meets the conditions for continued tenant can apply to the municipal housing management Centre continued to lease.

    35th residential lessees to apply for housing rights shall submit House expropriation compensation and settlement agreement, and payment of State-owned and State-owned property leases property expropriation and compensation settlement, buy property roster of public houses and other related materials, housing by the city center to the Housing Authority after verification of registration authority for State-owned property rights to the original cancellation and housing property right registration.

    The seventh chapter legal liability Article 36th lessee had breached the lease agreement, leased State-owned property without permission, without changing the housing use or violations such as unauthorized extension of the House, the lessor shall charge liquidated damages as agreed in the contract, terminate the contract and require the lessee to move out.

    The lessee fails to pay the penalty or fails to move out, according to law by the lessor and apply for court enforcement.

    37th article of counterfeiting, alteration of the State-owned real estate leases, the local Housing Authority and Housing Department will be punished according to law.

    Rent houses engaged in illegal activities or seizure of State-owned property, by the public security organs in accordance with the People's Republic of China on public security administration punishments Act and other laws and regulations will be punished.

    38th State-owned property management staff in the implementation of these measures in trickery, deception, extortion and violations of, and shall be subject to administrative or criminal liability.

    The eighth chapter by-laws

    39th in each County (City) of State-owned property management can be performed in accordance with the measures. 40th article of the rules take effect on June 1, 2013.