Tangshan City Low-Rental Housing Approach

Original Language Title: 唐山市廉租住房保障办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351815.shtml

Tangshan City low-rental housing approach

    (June 3, 2011 in Tangshan City people's Government, the 52nd Executive meeting on June 13, 2011 2011, Tangshan City people's Government released 4th come into force on the date of promulgation) Chapter I General provisions

    First to resolve the housing difficulties of urban low-income families, according to the relevant regulations of the State, province, combined with the city's actual, these measures are formulated.

    Article precincts in the city and County (City) where the people's Governments of towns within the housing difficulties of urban low-income families and low-rent housing and supervision, these measures shall apply. Article city housing and urban-rural construction Administrative Department is responsible for guidance and supervision of the work of low-rent housing in the city.

City Housing Authority is responsible for the lunan district, lubei district, high-tech development zone (hereinafter referred to as downtown) implementation of the low-rent housing management organizations. Other counties outside the downtown area (City), housing and urban-rural construction administrative departments are responsible for the management of low-rent housing in their own administrative areas.

Counties (cities), the District Government's non-profit housing management agencies, responsible for the administration of low-rent housing management organization-specific implementation. People within the Department responsible for the Administration to apply for low-rent housing family household income, household asset approval of direction and supervision.

Counties (cities), district departments responsible for the application of low-rent housing family household income, family assets of approved work.

Development and reform, supervision, finance, planning, land and resources, price, tax, statistics, public security, auditing, financial management and other departments and housing Provident Fund management institutions under the Division of duties, is responsible for the low-rent housing related work.

    Counties (cities), the subdistrict office (town) and community residents, according to their respective functions to do related work.

    Fourth of municipal or County (City) and district people's Government should solve the housing difficulties of urban low-income families in development planning and annual plans, low-rent housing clear objectives and measures, and incorporated into the national economic and social development plan and the housing construction plan.

    Chapter II application conditions and guarantees

Article fifth and eligible low-income families may apply for low-rent housing:

(A) the family member has a permanent residence in this city, where at least 1 person under 3 years;

(B) the family has no housing or housing area per capita (refers to the floor space, the same below) in total area of 50 square meters to 15 square meters and housing.

(C) annual per capita disposable income of the family and one for local governments to determine the low-rent housing standard of per capita incomes below 1.3 times, two-person households as standard 1.1 times times, family standard 1 time three or more times, and family assets meet the required standards.

    Low-rent housing per capita income standards in accordance with the level of local economic development, the financial capacity average level, low-income families, housing affordability and other factors.

Sixth article this way, the term refers to two or more members of the family based on marriage, by blood or adoption of statutory support, upbringing and maintenance units of social life. Can contain more than one family within the family. Basic family mentioned in these measures refers to the family of married men and unmarried children.

Eligible families can apply for low-rent housing.

    Divorced persons over three years, more than 35 years of age are unmarried person or parent (child) unmarried persons treated as basic family not in a local.

Article seventh annual disposable family income refers to the basic sum of income for members of family family, including wages, bonuses, allowances, subsidies and wage income, savings deposit interest property income, business income and transfer income. Home equity refers to the family name of movable and immovable property, including real estate, cars and cash, marketable securities and investments (shares), deposit, credit, and so on.

    Divorced staff housing on the property included in its assets.

Article eighth basic families with housing, the housing area per capita housing area is calculated by dividing the number of family members.

Housing includes proprietary (including co-ownership) housing and rental public housing.

After December 31, 2004, by sale, donation, transferred the ownership of others, into housing, but considered the audited transfer of medical and other special reason needed housing, can be excluded.

    Applicant's parents or children who have two or more homes, and can meet the basic families living independently of each, shall be included in the basic family housing area.

    Nineth low-rent housing physical assigned public rental, rental of monetary subsidies and reduced in three ways. Tenth physical distribution rent refers to the Government to apply for low rent housing and provide housing to eligible households, and rent according to the prescribed standards.

Physical rental distribution mode should sign the lease contract. Real assigned public rental waiting list. With housing difficulties, the income level, family structure, population, duration of residence etc as the basis for the order.

While waiting for temporary rental housing subsidies for the applicant to provide low-rent housing.

To meet the low-rent housing conditions of orphan, old, sick, disabled and other special difficulties and need of help may be accorded precedence for the physical distribution of the family rent. Standard low-rent housing rent based on income guarantees grading prepared protection area above the standard part of higher rents.

    Family subsistence allowances for urban residents, can waive real housing within the area of the assigned public rental housing rents.

11th monetary subsidies refers the Government to apply for low-rent housing and rental housing subsidies eligible families, which leased housing on their own.

Monetary subsidies apply to free housing or housing area below the guaranteed standard of the low-income families. District rental housing subsidy standard reference average rents in the housing market (hereinafter referred to as quasi-market rent).

    For low-rent housing family according to its area shall be guaranteed in accordance with market rents correspond to the income level of the difference between the low-rent housing subsidies.

12th rent reduction refers to the property rights of public housing flats to meet the low-rent housing conditions of families, according to the standard rent relief.

Rent reduction apply to rental public housing for low-income families.

    Protection within the area, rent reduction corresponding to standards in accordance with the public housing rental income over the same period establishing the balance of low-rent housing rent.

13th downtown district per capita disposable incomes of low-rent housing standards, protection of space standards, rental housing subsidy standards, drawn up by the Municipal Department of housing and urban-rural construction administration, report released after the approval of the municipal government and other counties (cities), the area above consists of the counties (cities), the Administrative Department of housing and urban-rural development to develop the region, reported to the people's Governments at the corresponding level for approval announced. Price, standard low-rent housing rent in downtown by the city administration together with the municipal housing and urban-rural development administration developed and released after the approval of the municipal government.

    Other counties (cities), the area of low-rent housing rents by counties (cities), the price administrative departments of housing and urban-rural development administration developed and reported to the people's Governments at the corresponding level for approval announced.

14th Government concentrated in family allowances, not range into the low-rent housing.

Applicants should apply for low-rent housing family members with full capacity for civil conduct.

    With non-relatives living together within the housing, do not have the ability to live independently of the applicant should not be using physical rental distribution mode.

    Chapter III application and approval

15th application for low-rent housing, the following documents shall be submitted:

(A) the urban low-rental housing application form;

(B) the family member register and ID cards;

(C) marital status evidentiary materials;

(D) evidence of family income and assets declarations;

(V) family housing conditions of supporting documents;

(F) good faith undertaking, agreed to accept housing and economic status verification and publication written verification results file;

    (VII) other documents shall be submitted.

Article 16th family applying for low-rent housing applications, auditing, public notification and approval system:

(A) the applicant residence street or town shall be responsible for the low-rent housing application accepted first instance, trial and publicity;

(B) the lunan district and the lubei district, housing, high-tech development zone management agency responsible for low-rent housing review; the city housing authority responsible for the lunan district, lubei district, high-tech development zone and low-rent housing audits, public announcement, approval of applications;

(Iii) other counties (cities), the housing and urban-rural construction Administrative Department is responsible for the local low-rent housing application review, public notice, approval;

    (D) the County (City) and District Civil Affairs Department is responsible for the assessment of the application of low-rent housing household income and assets. 17th claimant to accepts written requests.

Trial unit shall, from the date of acceptance of the 15th in the first instance. The trial meets the conditions for low-rent housing and low-rent housing conditions, Declaration and views at the domicile of the applicant in the first instance (residence) or publicity work units is 7th. Publicity during the dispute, units should be verified in the first instance.

Expiry of the public comply with the low-rent housing conditions and publicity without objection or opposition is not established, income audit unit and application materials be submitted in the first instance.

    Units can organize neighborhood committees in the first instance responsible for low-rent housing to accept specific work.

    Article 18th revenue audit unit shall, from the date of receipt of the application materials in the 10th, according to the low-rent housing on the household income of the applicant for approval, audit observations, sent together with the application peer review (review).

    19th review unit from the date of receipt of the application materials in the 15th, whether applicant meets conditions of low-rent housing in this area for review comments meet the requirements, audit unit in conjunction with application materials. 20th audit unit shall, from the date of receipt of the application materials in the 15th, and audited in accordance with low-rent housing conditions of application, conditions, Declaration of basic information in the local media, and domicile (residence) or publicity work units is 7th. Publicity during the dispute, audit unit shall, together with the revenue audit unit and trial (review) unit verification.
Expiry of the public comply with the low-rent housing conditions and publicity without objection or opposition is not established, approved, determines security mode, and issue relevant certificates.

    Article 21st application materials are standard, not complete, inaccurate or does not meet the conditions for low-rent housing, receive, first instance, review, audit, approval shall inform the applicant in writing and state the reasons.

    Application materials are standard, is not complete, the applicant shall, within the 5th standard and complementary materials. Accepting, examining the 22nd article, review, audit, approval through household surveys, neighbourhood visits and letters, certificates of the applicant by way of family population, income, assets and housing conditions for verification.

    The applicant and the relevant units and individuals shall cooperate with and provide relevant information.

    The fourth chapter management and supervision

23rd of municipal housing and urban-rural construction Administrative Department shall, jointly with relevant departments of the low-rent housing work supervision and inspection, and to publish the results of supervision and inspection.

    Counties (cities), the district people's Government shall regularly publicize the low-rent housing.

    24th no unit and individual shall have the right to low-rent housing administrative conduct and supervise the implementation of low-rent housing about objects, acts contrary to the low-rent housing management report or accusation, city and County (City), housing and urban-rural construction administrative department or other departments should receive verification, processing and organization in a timely manner.

    25th Administrative Department of housing and urban-rural development in conjunction with the civil administration and related areas to enjoy low-rent housing family population, income, asset and housing conditions of establishing a dynamic management mechanism. Article 26th annual examination system imposed on low-rent housing families.

    Housing and urban-rural construction and district administrations to guarantee the family population, income and housing, engage in an annual audit and publication. 27th families guaranteed access to low-rent housing should be combined with annual examination, annual declarations on time. Family changes such as population, income and housing, should be approved in the 30th to truthfully.

    Approved unit shall, in conjunction with the Ministry of civil affairs departments of its declaration for approval and publication.

28th article audited, publicity, things change but still meets the conditions for low-rent housing, starting from next month to adjust insurance or guarantees. No longer meets the conditions for low-rent housing, by approved units to recall and cancel its low-rent housing-related documents.

Original currency benefits, monetary subsidies stop beginning next month; formerly enjoyed rent reduction since stop rent reduction next month; the enjoyment of rent of physical distribution, pay rent at market rent as of next month, and within 6 months to exit the lease of low-rent housing. Department will be approved cancellation of low-rent housing, and shall notify the parties ahead of 15th, and explain the reasons.

    Party may apply in the 5th review and approval departments shall organize relevant personnel on the situation in the 5th to investigate and verify.

Article 29th single family of low-rent housing, shall, in accordance with the relevant provisions to pay water, electricity, gas and heating, cable television, fixed-line, and it shall bear the cost of the property.

    Physical distribution of access to low-rent housing rent family room back of low-rent housing, shall settle such charges, while household to move out.

30th low-rental housing tenants has one of the following acts shall be returned in accordance with the contract and low-rent housing:

(A) the object no longer meet the required conditions of low-rent housing;

(B) more than 6 consecutive months without good reason does not live in the lease of low-rent housing; or accumulated for more than 6 months without good reason not to pay low-rent housing rent;

(Iii) the lease of low-rent housing lent, sublet, expansion, expansion, rebuilding, changing structures, changing the nature of their use;

(D) the lease of low-rent housing for illegal activities;

(E) through the purchase of access to other housing, including;

(Vi) access to low-rent housing by deception;

    (VII) other circumstances that should withdraw from the low-rent housing.

    31st should quit and overdue refused to exit the low-rent housing, property unit may initiate litigation to the people's Court.

    32nd approved unit shall record applications, review, change, credit conditions, and by establishing the appropriate archive of low-rent housing.

    The fifth chapter legal liability

    33rd applicant concealed the family's income, assets, housing conditions or providing false information to apply for low-rent housing, registration, trial, review, audit unit is not accepting or terminating the review and give a warning, and no longer accepts applications for its housing security for two years.

Article 34th through deception has been approved by the low-rent housing, is no longer accepting applications for its housing security within three years, and approved in accordance with the following provisions:

(A) has been registered but not yet access to low-rent housing, cancel its registration;

(B) have received monetary subsidies or rental reduction of low-rent housing, ordered to return funds;

(C) has been assigned public rental and low-rent housing in kind, ordered to exit the low-rent housing and at market prices to pay the rent.

    Low-rent housing family population, income and housing changed, fails to report once verified as an act of deception, in accordance with the above provisions.

    Article 35th of the specific administrative act undertaken by the Administrative Department may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law; fails to review, without charge, to perform specific administrative acts undertaken by specific administrative act apply to a people's Court for compulsory execution.

Article 36th State personnel work in the low-rent housing management in the following circumstances shall be given administrative sanctions, suspected of a crime, transferred to judicial organs for handling:

(A) not according to prescribed procedures and time frames for processing;

(B) charge fees not according to stipulations;

(C) fraud, concealing the facts of assisting or colluding parties;

(D) solicit and accept other person's property;

    (E) other acts contrary to the provisions.

    The sixth chapter supplementary articles

    After the 37th article of the implementation of the measures for low-income families no longer enjoy preferential rent relief under the original housing reform policy.

    Article 38th industrial zone, development zone, management area and other government agency areas of low-rent housing in accordance with these rules.

    39th housing and urban-rural construction administration and civil affairs departments can, according to their respective duties, in accordance with the measures put in place rules. 40th these measures come into force on the date of promulgation. The Tangshan provisional regulations on urban low-income housing guarantee (Tangshan municipal people's Government [2004] 3rd) repealed simultaneously.