Tianjin Housing Management

Original Language Title: 天津市基本住房保障管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201212/20121200379287.shtml

Tianjin housing management

    (August 7, 2012 92nd meeting consideration of Tianjin municipality on August 17, 2012, Tianjin Municipal People's Government, the 54th published come into force October 1, 2012) Chapter I General provisions

    First, basic housing, to improve the security system to meet the urban lower-middle and low-income housing difficult domestic and overseas to ferry the basic housing needs of the employment, in accordance with relevant laws, regulations and policies, combined with the city's actual, these measures are formulated.

Second city planning and construction of housing security, management, application for entry, exit, and supervision and management work, these measures shall apply.

Basic housing guarantee in these measures, by means of rental and sale of affordable housing, housing rental subsidies and other ways, to meet the conditions of family and to ferry employees to provide help and support in the field, in order to protect their right to basic living conditions.

Affordable housing in these measures refers to policy support from the Government, provides space, rents and sales prices, rent, sale of housing to eligible families, including public rental housing and affordable housing, housing, prices of goods.

    Housing rental subsidy in these measures refers to the Government to meet the conditions of monetary subsidies for rental housing for families.

    Article House security work should be commensurate with the level of economic and social development to meet their basic housing needs adhere to Government and policy support and social participation; adhere to hierarchical separation allowance, rent supplement, rental combination stick on regulating management, allocation process open and transparent, allocation is fair. Fourth municipal people's Governments shall strengthen the housing leadership, organization to promote County-level people's Governments and relevant departments of housing security, responsible for supervising the district housing security implementation work.

Housing in the district and county people's Government responsible for the Administration and security of organization, supervision and administration. Municipal land and Housing Administration Department is responsible for the city's housing work of guidance, promotion, supervision and coordination.

County Administrative Department of housing is the housing security work within the administrative area of the Department, responsible for the administration of housing in the implementation and supervision of security management.

    Development and reform, construction, planning, finance, taxation, civil affairs, human security, public security, industry and commerce, supervision management, Housing Fund Management Center, and in accordance with their respective responsibilities, to assist in housing related work.

Fifth article of the municipal housing enforcement agencies set up, in accordance with its responsibilities to the city's housing work implementation and management, County Housing enforcement agencies with guidance and supervision responsibilities.

District and county people's Government, the subdistrict office (Township people's Government) establishment of housing implementation body responsible for housing affairs.

    District and county people's Government District, street (Township) of housing social security enforcement agencies personnel, funding is guaranteed.

Sixth of municipal and district and county people's Governments should prioritize housing guarantee fund in the budget, increase financial funding, broaden the sources of housing security.

Housing funding sources include:

(A) the financial budget funds;

(B) the central budget earmarked in the central budget and investment subsidies;

(C) the housing accumulation Fund of value-added income after deduction of management fees and risk reserve funds;

(D) the land extraction proportion net income in accordance with the regulations of the Fund;

(E) rent, the Government proceeds from the sale of public housing;

(Vi) through bank loans and housing loans, bonds, funds, trust funds, real estate investment trusts and other ways of financing;

(VII) social donation funds;

    (VIII), raising funds through other channels. Article seventh preferential taxation policy towards affordable housing in the city.

    Concrete preferential measures in accordance with national and municipal regulations.

    Eighth article of the city to encourage financial institutions to issue medium-and long-term loans for affordable housing construction project, encourages the guarantee institution to guarantee affordable housing construction projects; encourage compliance of government investment and financing platform companies to issue corporate bonds or medium-term notes, raising funds, earmarked for affordable housing construction.

    Nineth housing security management information system of the city to establish a unified, on affordable housing, housing rental subsidy and housing to implement information management.

    Tenth of municipal and district people's Government to encourage and support community involvement in housing security; housing units and individuals who have made outstanding achievements in the work, in accordance with the relevant provisions of the State and the city recognizes and rewards.

    11th no unit and individual housing protect the right to report violations and complaints, the relevant departments and units concerned shall verify and handle in a timely manner, consistent with their respective responsibilities.

Second chapter planning, and construction and business management 12th article city land housing administrative competent sector should with development reform, and planning, and construction, sector, according to this city economic social development level, and residents housing status and housing guarantees general requirements, combined financial capacity, and resources environment conditions and population scale and structure, situation, prepared this city housing guarantees planning and annual guarantees task, reported City Government approved Hou announced implementation.

    Annual housing security support tasks shall comply with the national economic and social development planning, urban planning, land-use planning and housing construction plan.

13th affordable housing through the construction, acquisition, reconstruction, according to recovery and long-term rental, social donations and other ways to raise.

    Subsidized employment is concentrated in the field regional, district and county people's Government or functional area management should raise dormitory-type public rental housing through various channels.

14th added land for construction of affordable housing should be priorities in the annual land use plan arrangement, separate indicators.

    The Government reserve land and recover the right to use State-owned land, priority for affordable housing construction.

15th construction of affordable housing should be State-owned land, land supply should be in accordance with the relevant provisions of the State and this municipality.

Planning conditions, type of Government-subsidized housing standards, structure, construction, non-profit public building construction and transfer, open completion time, rental requirements should be incorporated into the construction of affordable housing land use conditions, and on State-owned land use right transfer decisions or State-owned land use right transfer specified in the contract.

    Construction of affordable housing without changing uses.

16th construction of centralized and decentralized government-subsidized housing construction combined with. It focuses on building affordable housing, residents should be considered, such as employment, medical care, schooling, travel needs, improving the public transport system, synchronized ancillary building public facilities and municipal infrastructure.

Supporting facilities shall comply with the fixed requirements for residential facilities.

    Decentralized construction of affordable housing, with housing and planning and design, construction, completion simultaneously.

17th section shall, in accordance with the planning and design of affordable housing, energy-saving and environmentally-friendly principles, implementation of economical and intensive land-use and energy-saving emission reduction measures.

Units of affordable housing design type shall comply with the small, functional alignment, matching all requirements of, high quality, safe and reliable, scientific use of space, with a basic living functions.

    The design of hostel-type public rental housing should be in line with the national code for design of dormitory. Article 18th affordable housing development and construction unit should have appropriate qualifications and good reputation in the community.

    Determination of development project construction shall conform to the relevant provisions of the State and this municipality.

19th construction of affordable housing construction shall comply with statutory procedures, strict enforcement of construction standards and norms.

    Units of affordable housing on construction safety, durability, function and quality of energy saving and environmental protection projects, such as responsibility, survey, design, construction, project management and other units shall bear corresponding liability.

  
Affordable housing construction projects construction, survey, design, construction, project supervision responsibility on the quality of affordable housing construction shall bear responsibility for life. Article 20th after the employer received the construction completion report, should acceptance system of organization, qualified organizations after construction completion.

After the completion of affordable housing, the construction unit shall significantly location in the building mounted sign, indicating construction, survey, design, construction, project supervision unit names, and so on.

    Public rental housing should be appropriate in accordance with the principles of economic, environmental renovation, basic functions, meet the prescribed conditions of delivery. 21st planning and construction of public rental housing projects supporting business services facilities, the unified management and achieve balance.

    Support municipal people's Government in accordance with the relevant provisions. Type article 22nd of affordable housing should be moderate and reasonable price, at a price that shall not be higher than the price administrative departments approved price.

    Acquisition of building affordable housing, shall specify the time of completion to ensure on time delivery. Article 23rd property units of public rental housing to determine business unit responsible for public rental housing operations, management, and maintenance work.

    Business unit shall have experience in housing management and good reputation in the community.

24th affordable housing by district and county people's Government in accordance with the new residential quarters, where management requires the implementation of community management.

    Public rental housing should be introduced for property management, property management service standards should be consistent with the relevant provisions in this city.

    Chapter III application and access Housing security access systems under article 25th.

Housing conditions of access by the municipal land and Housing Administration Department in conjunction with the departments concerned and adjust, submitted to the municipal people's Government promulgated after approval.

    Housing Administrative Department, civil affairs departments in accordance with their respective responsibilities of each of the applicant's housing, income (property) and other related implementing audit and shall formulate rules for its implementation. 26th article of the city meet the housing conditions of families according to the actual needs of urban housing, options for the purchase, lease or apply for Government-subsidized housing housing rental subsidies.
Eligible to ferry employees in the field can apply for a lease of public rental housing.

A family can enjoy, in principle a way of housing security, but families can have housing rental subsidies for leasing public rental housing housing shall be collected by directional placement families can apply for the purchase of affordable housing, which had enjoyed housing rental subsidies for families should quit the housing rental subsidy, applicants for the directional placement of affordable housing.

27th applied for housing rental subsidy, domicile shall be Street (Township) housing guarantees the implementation body to apply.

Apply for a lease of public rental housing, the purchase price of a commodity housing or affordable housing, domicile shall be the district housing the implementation body to apply, but are levied for housing applicants for the directional placement of affordable housing, housing districts, where housing should be imposed on the implementation body to apply.

    Applicant shall truthfully household, families, housing conditions, family income (property), and so on, and a written statement agreeing on an investigation to verify the relevant auditing sector.

28th audited housing application materials are complete and should be accepted, and issue to the applicant a written certificate of application materials are incomplete, correction shall inform the applicants need disposable material. District and county administrative departments in charge of housing on the applicant's household, family, population, housing situation and identify audit.

County Civil Affairs Department is responsible for the applicant's household income (property) was found the audit. Audits can take information comparison, consult the files of evidence, neighbourhood audit interviews, household surveys and other means.

    Applicant and the human social security, public security, industry and commerce, taxation, Housing Fund and other relevant units and individuals shall cooperate, facilitate, and provide relevant information.

29th upon examination meets the conditions for housing applications, accepting institutions, Audit Department audits should be in accordance with the relevant provisions of public notice, public notice period shall not be less than 5th. Publicized disputes, should be raised in the public notice period in writing.

Accepting institutions, Audit Department objection should be content to be verified, and feedback to verify the results.

    Objects to the public content without objection or verified is not established, County Administrative Department of housing applicants shall be granted access to appropriate housing rental subsidy, the purchase price of a commodity housing or affordable housing, tenants of public rental housing.

Article 30th audited housing conditions are not met, auditing Department shall inform the applicant in writing and inform the reason. The applicant disagrees with the audit results, you can apply to the Audit Department to review.

    Review results should inform the applicant in writing, within 15 working days.

    31st housing rental subsidy standards by the Municipal Department of land and housing administration, jointly with relevant departments, considering the city's rental housing market prices, housing security factors such as income levels, as well as the financial capacity of the object and adjust the proposed and submitted to the municipal people's Government promulgated after approval. 32nd rents of public rental housing in accordance with project area housing lease market rent determined and adjusted.

   
Rents for specific projects proposed by the Department of municipal land and housing administration, approved by the municipal pricing administrative authorities will be announced.

Article 33rd price commercial housing, affordable housing sales prices by price administrative departments, in conjunction with relevant departments, considering the construction costs and related taxes, profits and other factors identified and announced to the public.

    Price of commodity housing sales price should be linked with regional movement of commodity housing market prices remain reasonable.

    Fourth chapter using the exit

Section 34th families receiving housing rental subsidy tenants of public rental housing, housing rental allowances directly into the property rights of public rental housing units or operating unit rental income account. Admission to families receiving housing rental subsidy in the market rental housing, shall enter into a lease contract, handle the housing rental registration certificates, to the district and county administrative departments to apply for housing rental subsidy for housing.

Leasing with household family homes or have been identified as family houses, housing rental subsidies cannot be released.

    Single family rental housing the actual rent exceeds the housing rental subsidy amount, the excess borne by the tenant family on its own; lower housing rental subsidies, housing rental subsidies according to the actual rent.

    35th public rental housing tenants pay Housing Fund, shall apply for the extraction of housing accumulation Fund used to pay rents of public rental housing, and delegate to the municipal housing fund management center monthly business hosting and housing Provident Fund Bank extracts. Family of the 36th to grant tenants of public rental housing, registration, lottery, selected after signing the rental contract.

Before signing the lease, the applicant shall pay a rental security deposit in accordance with the regulations, provide the performance security.

Grant tenants of public rental housing households conducted in accordance with the following order lottery, selected rooms:

(A) be granted housing rental subsidy and family members in the first and second blind families with primary and secondary disabilities of limbs or eyesight; (b) the provisions of the preceding paragraph shall be granted housing rental subsidies for families;

    (Iii) other grant tenants of public rental housing households. 37th public rental housing tenants of the initial lease period of not more than 3 years. Need to continue to lease the lease contract expires, 3 months before the expiry of the lease contract shall be in the District Housing enforcement agencies applying for renewal. District and county administrative departments audited qualified for housing, renewable term not exceeding 1 year at a time.

    Expiry of the term of the lease contract does not apply for renewal or review does not meet the criteria, the lessee shall make their own back home. Article 38th set of management of public rental housing rents of public rental housing flats by price administrative departments approved the project rents, combined with the floor, towards the adjustment coefficient.

    Rental period rental standard tuning project, management of public rental housing units and tenant sign a new lease, changing the rent amount.

39th public rental housing tenants lease contract shall be in accordance with the schedule to pay the rent and associated costs.

    Public rental housing tenants not paying rent, business units of public rental housing according to law or the lease contract from the tenant's rent security deposit and interest deducted from rental.

    40th public rental housing tenants shall not lend, rent or vacant, damaged by tenant's housing shall not change the House uses, structures and facilities.

41st public rental housing tenants of the following acts in violation of the lease contract, management of public rental housing units shall have the right to terminate the lease and eviction; losses, management of public rental housing units have the right to require the lessee to compensate for the losses:

(A) the housing lend, rent or to lease vacant;

(Ii) altering the lease housing use, structures and facilities;

(C) the cumulative 6 months rent arrears;

(D) no longer meets the conditions for tenants of public rental housing;

  
(E) other cases stipulated by laws, rules or regulations.

42nd price commercial housing, affordable housing sales shall handle license, through online sales and sales management systems signed a contract of sale.

The purchaser in the sale contract shall be consistent with the granting to the purchaser of affordable housing. Price commercial housing, economically affordable housing sales unit shall check the identity of the purchaser.

    Purchaser without housing district administrative departments granting purchase price commercial housing, affordable housing, sales units are not allowed to sell it.

43rd price commercial housing owned by the applicant and his or her spouse, parents or children to buy, the applicant's spouse, parent or child can be registered as co-owners.

Affordable housing jointly purchased by the applicants and their close relatives, close relatives of the applicant be registered as joint tenants.

    Limit housing and affordable housing real estate registers and rights transfer of affordable housing to be indicated on the certificate type and the award date.

44th directed placement of the housing is imposed by law and allowed to purchase affordable housing, access to property before the transfer, comprehensive price of exempted land revenue transfers.

    Affordable housing outside of the provisions of the preceding paragraph and limit housing, pay the contract tax for 5 years after the date, shall be transferred according to law. Article 45th receiving housing rental subsidies for families and tenants of public rental housing households, shall perform the obligation to declare.

During the enjoyment of housing, housing, population, family income (property) changes in conditions and other relevant information, shall from the date of change in the 30th truthfully; did not change, granted to housing guaranteed under 1 year ago should be declared in the 30th. Families receiving housing rental subsidy shall provide street (Township) housing enforcement agencies declare not receiving housing rental subsidy tenants of public rental housing households declare to the management of public rental housing units.

    Street (Township) implementation of housing security agencies and the management of public rental housing units should be implemented promptly to the County Housing Agency and gather.

46th District Civil Affairs Department should be income to housing security object (property) to verify the change, and will verify the results back housing administrative departments at the same level. County Housing Authority housing should be covered by the Administrative Department of population, housing and other changes to the verification, and feedback from civil affairs departments at the verification results.

District and county administrative departments of housing, under the housing target population, housing and income (property) changes to continue to the verification results, such as adjustment's decision to end housing subsidies or recovering, still eligible for housing but need to change the standards or protection, should do the advanced convergence work.

    Housing security object returns the implementing rules for the verification and processing of information, by the municipal land and housing administration formulated by the competent authorities and the relevant government departments.

47th under any of the following circumstances, the lessee shall, in accordance with the relevant provisions of public rental housing to quit rent housing:

(A) public rental housing tenants prior to expiry of the term of the leasing contract are not required to apply for renewal or the application approved no longer meets the lease conditions, (ii) public rental housing tenancy contract termination;
(C) public rental housing tenants in tenancy, purchase affordable housing, or by purchase, gift, inheritance or any other means to obtain housing.

If no exit, management of public rental housing units to house the seat of district and county people's court civil procedure.

    Terminate the leasing contract between Teng back home during the housing fee, in accordance with the leasing contract rents charged.

    48th real estate intermediary service institutions not to illegal publication of affordable housing information or when the sale of Government-subsidized housing, rental activity.

    Supervision and administration of the fifth chapter 49th municipal housing guaranteed annual targets, the implementation of hierarchical supervision and evaluation mechanism.

    Failed to finish the annual targets of housing security, monitored by their governing bodies, agencies in the interviews implementing the accountability system.

50th of municipal land and housing administration Administration on the administrative district housing authorities, housing and ensure the establishment and management of public rental housing units to accept the application, auditing, payment of subsidies, rent provided placement, exit, supervise and manage the work of housing security of use of funds.

    Municipal District Civil Affairs Department in the Ministry of civil affairs sector is responsible for income (property) verification exercise supervision.

    51st of municipal and District Housing Administrative Department, housing security, implementing agency shall, in conjunction with civil affairs and other relevant departments, taken daily or periodic verification, special examinations and other ways to strengthen supervision and inspection of housing security object.

    52nd House, home housing security accepted by the Administrative Department shall apply for implementation, review, distribution, exit, open information channels of open letters, reports, shall be subject to the supervision of the NPC, auditing authorities and society. 53rd district implementing agency of housing security, affordable housing development construction and management of public rental housing units should be in accordance with their respective responsibilities, build housing and affordable housing archives.

Municipal housing enforcement agencies to archive establishment, collection, used to guide and supervise.

    File information should be integrated into the housing of housing security management information system.

    The sixth chapter legal liability

    54th in violation of these rules, the applicant intentionally concealing, falsifying, forging information, or take a bribe or other improper means to apply for support, to reject the application, and shall reject the application within 5 years of not accepting an application for housing security of the applicant and his or her spouse.

55th article violation this approach provides, party deliberately hide, and false, and forged about information, or take bribery, not due means has made housing guarantees of, by District Housing administrative competent sector according to following provides processing: (a) has purchase supportability housing of, ordered returned or according to market assessment price complement difference, can at 20,000 yuan fine, lifelong no longer accepted party and spouse of housing guarantees application.

(B) tenants of public rental housing, ordered to withdraw from tenants of public rental housing, and to a fine of 1000 Yuan and returned within 5 years of the date of public rental housing is no longer accepting an application for housing security of the parties and their spouses.

(C) has been receiving housing rental subsidy, suspension of subsidy and ordered to refund illegal receiving housing rental subsidy, to a fine of 3000 Yuan and ordered to return within 5 years from the date of the decision not to proceed with the person and his or her spouse House application.

    For refusing to comply with a decision, County Housing Administrative Department may apply to the court having jurisdiction for enforcement.

56th article violates these rules, management of public rental housing units, affordable housing units sold unauthorized increase affordable housing rental and sales prices, by municipal pricing administrative authorities in accordance with the provisions related to price management to deal with.

    Violation of these rules, management of public rental housing units and affordable housing units sold to people outside the housing rent, sell affordable housing by the municipal land and housing administration authorities shall order its deadline to withdraw, and houses 30,000 yuan each and impose a fine cannot be recovered, ordering sales unit to pay and with lots of similar ordinary commodity housing sales price.

57th in violation of this Regulation shall be declared but refuses to declare or not to declare, in accordance with the following provisions:

(A) ascertained that still meet the standards of housing conditions but needs to adjust its subsidy, be warned and ordered to return the illegal receiving housing rental subsidies;

(B) ascertained that do not meet the conditions of housing rental subsidy, since the related changes month to stop issuing housing rental subsidy and ordered to return the illegal receiving housing rental subsidies;

(C) for annual returns in accordance with the provisions of the families, housing rental subsidy since the family granted full 1 month suspension of subsidies.

    For refusing to comply with a decision, County Housing Administrative Department may apply to the court having jurisdiction for enforcement.

    58th article violates these rules, real estate agency services illegal publication of affordable housing information and the activities of agents selling government-subsidized housing, rental, by the County Housing Authority administrative authorities shall order to stop the illegal practice, the fine of 30,000 yuan.

    59th House security personnel who abuse their powers, neglect their duties, favoritism, dereliction, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    60th issued by units and individuals for housing for families with false documents or abuse of authority, dereliction of duty and favoritism, dereliction, shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

61st district House administrative authorities for violation of housing management of individuals to establish a bad credit record, and included in the housing security management information system of this municipality.

    Violate the provisions of housing management companies, whose bad behavior recorded into the enterprise credit files, 5-year moratorium on participation in the construction and operation of affordable housing.

    The seventh chapter by-laws

    62nd before the implementation of these measures has been assigned public rental housing and economic rental housing gradually into the management of public rental housing. 63rd these measures come into force October 1, 2012.