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The Beijing Municipal People's Government On The Amendment Of The Decision Of The Beijing Municipal Regulations On The Management Of Rental Housing

Original Language Title: 北京市人民政府关于修改《北京市房屋租赁管理若干规定》的决定

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Decision of the Government of the people of Beijing to amend the regulations governing housing rental management in Beijing City

(Adopted at the 74th ordinary meeting of the Government of Beijing, 14 September 2010 by Order No. 231 of 5 May 2011 of the Beijing People's Government of 5 May 2011)

The Government of the city decides to amend the following provisions for the management of housing rentals in Beijing:

The second amendment reads as follows:

In addition, article 7 reads as follows: “The rental of houses shall be subject to the law contract for the rental of homes by the renter and the lessee. The terms of the contract should include the basic situation of the home, the rent, the duration of the lease, the use of the lease and the breach of responsibility.

“In the period of housing lease without the consent of the lessee, the renter shall not be allowed to reduce the length of the lease and increase the rent.

“The executive branch of urban construction (hous) shall prepare a model text of the lease contract with the municipal and business administration to be made public to society.”

In addition, article 8 reads as follows: “The renter takes away from the sale of rented homes and shall notify the lessee within a reasonable period prior to the sale, and the lessee shall have the right to purchase on the same basis.”

“The changes in ownership between the sale, inheritance, grant and etc. during the lease period do not affect the effectiveness of the lease contract”.

Article 9: “The city encourages, supports rentals and tenants to enter into long-term residence lease contracts and establish stable rental relations.

“The rental market has undergone extraordinary changes in the short term, such as higher fluctuations in rents, and the Government of the city can authorize the necessary temporary intervention by the executive branch, such as urban development reform, urban construction (household) to stabilize the market.”

V. Increase a Article as Article 10: “The city and district, the people of the district shall develop plans to provide affordable rents and public rental housing through a variety of means, such as construction, acquisition”.

“The city encourages businesses, individuals to invest in the construction of public rental houses.”

Delete Article 7.

Article 8 was changed to Article 11, adding a paragraph as paragraph 1: “The rental of homes for residence shall be subject to rental registration”.

Article 10 should be amended to Article 13 to read as follows: “The property brokers are engaged in house rental accommodation activities, shall notify in writing the lease party to the home's home-based management service at the home's location; provide housing rental brokers commissioned operations, and the property brokers shall conduct rental registration, change, write-off procedures or complete information through the rental contract online reserve system in accordance with Article 11, paragraph 1, of this provision.”

Articles 11 were replaced with Article 14 and deleted the “Conference of Package for Temporary People” in paragraph 1 (iv).

Delete paragraph 2.

Article 15: “Basic management service stations shall not be charged with any cost. The grass-roots management service station shall not engage or otherwise engage in business activities.”

Article 12, paragraph 2, was amended to read as follows: “Every house owner shall be entrusted with the management of the leased house and shall report in writing to the grass-roots management service station at the house's location”.

Paragraph 2.

Article 13, article 15, to article 19, amends the following: “The lessee shall cooperate with the renter in the conduct of a house rental registration; no unauthorized change in the design of rented houses shall be used for the unlawful production, processing, storage, operation, toxicity, radioactive, corrosive or communicable diseases, or other criminal activities, which shall not undermine public interests or impede the normal work, life”.

Article 20: “The per capita area of residence of rented homes shall not be lower than the standards set in this city. Specific criteria are developed by the municipal construction (house) administration with the relevant executives, such as municipal public safety, municipal planning, urban sanitation.

“It shall not be permitted to reside as a bedroom rent for personnel, such as kitchen, health, smoking and underground storage rooms.”

XV, an increase in article 21: “Crowing rents for other persons, rental rooms reach more than 10 or more than 15 persons living in rental homes, and rentalrs should establish a corresponding management system, identify specific managers, establish security precautions, firefighting facilities and safety corridors, and establish information registers or registration systems.

“The unit rents as collective accommodations for the benefit of the employees of the unit shall perform the security management duties in accordance with the preceding paragraph.

“The public security authority shall harmonize the books of residence of more than rented homes for the benefit of the renter free of charge.”

Article 24: “The executive branch, such as public security, business administration, civil defence, health, culture, press publication, education, shall, in the course of the relevant administrative licence, review the place of activities by law and shall review whether the use of rented houses is planned for purposes in accordance with the provisions of the law, regulations, regulations and regulations relating to the venue of activities; incompatible with administrative licences.”

XVII, Article 18 should be replaced with article 25, paragraph 1, which reads as follows: “The institutions involved in the rental operation of the home shall be established by law, licensed to operate in accordance with the conditions set by the State and the city and shall send information on the basic conditions of the institutions and practitioners to the executive branch, in the period from 30 days of the establishment.”

Article XVIII, article 20, was replaced with article 27, with the words “exploitation, rent” in subparagraph (iv) being replaced with “exploitation”.

An additional subparagraph (vii) reads as follows: “No action shall be carried out in accordance with the relevant provisions in connection with interhabitation, representational operations”.

As article 28, the executive branch should establish a housing rental market information system that provides rental information services such as rental market information for units and individuals, certificates of credit for property brokering activities.

Article 20, 22 should be replaced with article 33, paragraph 1, which reads as follows: “Public security, construction (house), business administration, civil defence, health, population counts, planning, culture, education, tax and urban administration, etc., should establish law enforcement responsibilities to implement the oversight responsibilities for the management of housing rental management, and in law enforcement, the discovery of offences not covered by this sector should be communicated to the same rental housing administration in a timely manner to the relevant executive branch”.

Second, delete article 25.

Articles 22 and 28 were replaced with article 35, paragraph (i) read “Articles 8, 9” in subparagraph (c) with “Articles 11, 12”.

Paragraph (ii) read “Article 13” with “Article 17”.

Paragraph (iii) read “Article 14, paragraph 1” with “Article 18, paragraph 1.

Delete subparagraph (iv).

Paragraph (v) was replaced with subparagraph (iv), in which “Article 15” was replaced with “Article 19”.

An increase in subparagraph (v) reads as follows: “In violation of article 21, paragraph 1, paragraph 2, of the present provision, the renter, the unit does not carry out the responsibility for security management, the corrective action and the fine of up to 30,000 yen; and, with serious consequences, a fine of over 30,000 dollars.

Paragraphs Page

“(i) In violation of article 17 of this provision, rented homes are hidden in the security of buildings and are subject to correction and fines of up to 3,000 dollars.

“(ii) In violation of article 20 of the present provision, the renter is in breach of the conditions of rental housing limitations and is in serious circumstances punishable by a fine of more than 3,000 dollars; the property brokers and their brokers engage in rental operations in violation of the conditions of rental housing restrictions.

“(iii) In violation of article 25, paragraph 1, of the present provision, the property brokers are not reported to the relevant information in accordance with the provisions, and are subject to a fine of up to 3,000 dollars.

“(iv) In violation of article 26 of the present article, the property broker has not implemented the financial regulation system, the order is being changed and the fine of over 3,000 dollars.

“(v) Real estate brokers and their brokers perform home rental brokering operations, in violation of article 27, subparagraph (ii), (iii), (vi) of this provision, or in violation of subparagraph (iv), the tenancy of certificates of eligibility for property brokers, the order is being changed to a fine of up to 30,000 dollars.

In addition, article 37, reads as follows:

“(i) In violation of article 25, paragraph 2, of the present provision, the property brokers use persons who have not obtained a certificate of eligibility for property brokering to carry out home rental brokering activities with a fine of up to 3,000 dollars;

“(ii) In violation of article 27, subparagraph (i), subparagraph (v), of this provision, the property broker is in breach of the provisions of article 27, paragraph 1 (c), and is responsible for changing the order, with a fine of up to 30,000 yen;

“(iii) In violation of article 27, paragraph (vii), of this provision, property brokers operate in contravention of the relevant provisions in connection with periods of residence, other than the scope of the agent's operation, and are punished in accordance with the relevant provisions of the registration management.”

Twenty-five, thirty-first and thirty-eighth, the words “Article 13” were replaced with “Article 17”.

In addition, article 39, reads as follows: “The lessor, the lessee, the lessee shall deal in the event of a dispute in the rental activities of the house, shall be resolved in consultation; the lessee, the lessee may apply to the People's Mediation Commission, the Association of Real Electical Industries, the construction of the administration of the house or other relevant units for conciliation, or may apply for arbitration or prosecution under the law.”

This decision is implemented since the date of publication. In accordance with this decision, a number of provisions for the management of housing rentals in Beijing City, issued by Order No. 194 of 3 November 2007, were re-published in accordance with this decision and adjusted the terms.

Annex: Several provisions for housing rental management in Beijing City (amended in 2011)

(Act No. 194 of 3 November 2007 of the Government of the People of Beijing issued a change based on Order No. 231 of 5 May 2011 of the Beijing People's Government)

Chapter I General

In order to strengthen housing rental management, maintain social order, protect the legitimate rights and interests of the owner of the house's lease, this provision is based on the relevant laws, regulations and regulations.

Article 2 Housing rentals within the city's administration are governed by this provision.

Article 3. Housing rental management adheres to the principle of a combination of management and services and is administered by land.

Article 4 The rental housing administration is specifically responsible for the integrated management of housing rental management organizations, guidance, coordination and oversight.

The public security authorities are responsible for the management of the security of rented homes, fire management and the management of the homeownership of the lease party.

The construction (house) administration is responsible for the supervision of housing rental markets, the safe supervision of rental housing structures and the management of the industries of property brokers.

The business administration sector is responsible for the integrated supervision of brokering activities and for the detection of unlawful operations, such as the use of rented homes.

The rental management of the construction works by the Head of the Civil Defence Administration.

The executive branch, such as health, population counts, planning, tax, national security and urban management, should be able to manage the rental of homes in accordance with their respective responsibilities.

Article 5 Regions, zonal governments should establish a grass-roots management service station responsible for house rental management, service services (hereinafter referred to as grass-roots management service stations) in the community, in the village, and guarantee the funding, office space required for their work.

The grass-roots organizations, such as the Residential Commission, the Village People's Commission, should assist the relevant administration in the management of housing rentals, the promotion of renters, the tenants themselves in compliance with national and local housing rental regulations.

The Council of Residents, the Village People's Committee may organize, in practice in the region, a housing rental management convention for the self-government of housing rentals.

Article 7. The renter and the lessee shall enter into a housing lease contract in accordance with the law. The terms of the contract should include the basic situation of the home, the rent, the duration of the lease, the use of the lease and the breach of responsibility.

Without the consent of the lessee, the renter shall not be allowed to reduce the length of the lease and increase the rent.

The city-building (household) administration should make a model version of the housing lease contract with the municipal and business administration and make it available to society.

Article 8. The renter shall sell the rented house and shall notify the lessee within a reasonable period prior to the sale and the lessee shall have the right to buy the lease on the same terms.

The changes in ownership between the sale, inheritance, grant and etc. during the lease period do not affect the effectiveness of the lease contract.

Article 9

In the short term, rental markets have undergone extraordinary changes, such as greater volatility in rents, and the Government of the city can authorize the necessary temporary intervention by the executive branch, such as urban development reform, urban construction (household) to stabilize the market.

Article 10 The municipalities and territories, and the State's Government should develop plans for the provision of affordable rents, public rentals, including through the construction, acquisition, etc.

The city encourages businesses, individuals to invest in the construction of public rental houses.

Chapter II

Article 11. The rental of homes for residence should be registered with rental registration.

The renter shall, within 7 days of the date of the contract with the lessee, process the home rental registration process at the grass-roots management service station at the house's location and complete the following:

(i) The name, name or name, type and number of the lessee, the place of residence, the name of the person actually residing, the type and number of identification documents and the place of residence;

(ii) Basic conditions, rents and rental deadlines for renting homes;

(iii) Housing rights certificates or certificates of origin;

(iv) Other provisions of this city.

Article 12. Changes in the rental contract or termination of the home shall be due to the registration change, cancellation of the proceedings at the grass-roots management service station at the home location within 5 days of the change in the contract or termination.

During the period of effectiveness of the housing lease contract, the lessee shall communicate to the grass-roots management service station within 2 days of the change.

Article 13. The property broker is engaged in home rental activities, and should be informed, in writing, of the procedures for house rental registration by the lease party to the grass-roots management service station at the home location; the provision of home rental brokers commissioned operations; the property broker should conduct rental registration, change, write-off procedures or, in accordance with the provisions of article 11, paragraph 1, of the present provision, complete information through the rental contract online system.

Article 14.

(i) Raise knowledge of the provisions relating to rental management and the safe use of homes;

(ii) To inform relevant persons of the provisions and processes relating to the admission of mobile children, the prevention of vaccinations for national immunization planning projects and the free technical services for family planning;

(iii) A certificate relating to the rental of homes, as requested by the parties;

(iv) The parties are entrusted with the provision of temporary registration, suspension of residence documents, the processing of general sub-house registration files, the inspection, registration of mobile population matrimonial certificates, and the tax administration services, etc.;

(v) Provide information on the services of human rights;

(vi) Other service projects provided by the municipalities and territories, and by the Government.

Article 15. The basic management service station shall not be charged with any cost. The grass-roots management service stations shall not engage or otherwise engage in business activities.

Chapter III Regulatory norms

The security of rented homes is vested with all of the homes. The tenants should be responsible for their use.

All houseowners will be entrusted with the management of rented homes and should report in writing on the grass-roots management service station at the house's location.

The construction structure and equipment facilities for rented homes should be in line with the security conditions in the areas of construction, fire, policing, health and safety without endangering the security of the person.

It is prohibited to rent houses that are not subject to the law.

Article 18 is entitled to monitor the use of homes by the lessee. The renter shall not rent the homes of the unidentified person; shall not facilitate the illegal production of the operation by way of renting a house; it is found that the lessor has criminal activities with regard to the use of rented homes and reports promptly to the public security authorities.

The income of rental houses should be taxed by law.

Article 19 The tenants shall cooperate with the rental of homes; no unauthorized change in the design of rented homes shall be taken to use the rented houses to engage in illegal production, processing, storage, operation, toxicity, radioactive, corrupted or communicable diseases or other criminal activities such as communicable diseases, without prejudice to public interests or hampering the normal work, life.

Article 20 shall not exceed the standard set by this city. Specific criteria are developed by the municipal construction (house) administration with the relevant executives, such as municipal public safety, municipal planning, urban sanitation.

No room kitchens, hygienic, sunset and underground storage rooms may be accommodated as bedrooms.

Article 21 focuses on renting homes for the rest of the country, with rental rooms up to more than 10 or more than 15 persons living in rented homes, and the rentalrs should establish a corresponding management system, identify specific managers, establish security precautions, firefighting facilities and safety corridors, and establish a register of information registration or registration systems.

The unit rented the house as a collective accommodation room for the residence of the employee of the unit should perform the safety management duties in accordance with the preceding paragraph.

The public security authorities should harmonize the books for the distribution of more than rented homes for the free of charge.

Article 22 provides external units, persons rental, renting, transfer of homes, or tenants retaining outsiders, and the lessee shall comply with the provisions of the State and the city relating to national security management.

Article 23, Housing Management Units should manage homes in safety in accordance with the following provisions:

(i) The establishment of a housing security management system to implement management measures.

(ii) The security inspection of the house, as prescribed, and the security inspections are properly kept.

(iii) The results of the inspection of housing safety in accordance with the relevant executive or grass-roots management service stations.

(iv) Be found to endanger the security of tenure or other violations, immediately halt and encourage the correction of the responsible person; refuse to change; and report on the administration of the house in a timely manner in accordance with the law.

Article 24, Public security, business administration, civil defence, health, culture, press publication, education, etc., should be reviewed by law when dealing with administrative licences, and the use of rented houses should be reviewed in conformity with the design purposes of the law, regulations, regulations and regulations relating to the venue of activities; and incompatibility with administrative licences.

Article 25 Agencies engaged in the rental of houses should be established by law, licensed to operate in accordance with the conditions set by the State and the city and should send information such as the basic situation of institutions and practitioners to the district, the district construction (household) administration within 30 days of the establishment.

Persons engaged in rental brokering activities in the home should be granted a corresponding certificate of eligibility for property brokering. A person who has not obtained a certificate of eligibility for property brokering shall not be allowed to engage in a home lease activity.

Article 26 This city imposes a financial regulatory system for the payment of funds such as the payment of rents, the risk reserve, customer funds and self-funded accounts management. The specific approach was developed by the city-building (household) administration with the relevant sectors.

Article 27 Property brokers and their brokers engage in home rental brokering operations shall be subject to the following provisions:

(i) Accreditation of service content, service standards, property brokers.

(ii) Housing rental brokering operations, which are accepted by the property brokers and entered into a written broker contract with the author to collect domestic funds and open invoices. Property brokers are not allowed to do so in the name of the individual.

(iii) Property brokers shall not operate simultaneously with two or more property brokers.

(iv) The certificate of eligibility for the sale, sale and lease of property brokering shall not be forged.

(v) The payment of customer funds cannot be absorbed, diverted or delayed.

(vi) There shall be no separation of houses, which are incompatible with rental conditions.

(vii) Non-compliance with the provisions relating to the conduct of business activities other than the scope of the cohabitation.

Chapter IV Oversight inspection

The construction (house) administration should establish a housing rental market information system that provides rental information services such as rental market information for units and individuals, credit records for the brokering activities of property brokers.

Article 29

Departments that manage, use housing rental information and their staff should be kept confidential and maintain the legitimate rights and interests of the parties.

Article 33 Administrations such as public security, construction (house), business administration, civil defence, health, population counts, planning, culture, education, tax and urban administration should establish law enforcement responsibilities to implement oversight inspection responsibilities for housing rental management; In law enforcement, it was found that the offences not covered by this sector should be promptly communicated to the same rental housing administration, and the rental management authorities should promptly inform the relevant executive branch of law.

Housing management units, property brokers, home rental parties should be aligned with the administration's management of housing rentals.

Article 31 Municipal and district- and district-related administrations, Street Offices, communes and town governments should be trained and guided by their respective responsibilities.

Article 32, grass-roots management service stations should establish a system of inspection, collect housing rental information, conduct daily inspections of housing leases and provide the following work:

(i) To find that registration information is unrealistic and corrections;

(ii) Be found to be unregistered and closed;

(iii) It is found that there is a security concealment of the house and that the renter or the lessee are renovated;

(iv) Be found to be in violation of regulatory provisions such as security, firefighting, health, family planning, construction structure security, reporting on the management of the upper rented homes or other relevant administrations.

Article 33, Construction (houses), business administration, etc., may examine information on the management of property brokering operations and customer funds, risk reserves, etc., when performing oversight duties with property brokers, and may require the inspection units to provide licences for the operation of property brokers, certificates of eligibility for property brokers.

The executive branch, such as construction (houses), business administration, can make relevant information available to the community on the inspection, in accordance with the relevant provisions of the State and the city.

Chapter V Legal responsibility

Article 34 of the executive branch with the responsibility to rent management and its staff toys negligence, abuse of authority, provocative fraud are rectified by their superiors or by the inspection authority; in serious circumstances, administrative disposition of directly responsible supervisors and other direct responsibilities is provided by law; and criminal responsibility is lawfully prosecuted.

Article 33 15, in violation of this provision, is punishable by the public security authorities in accordance with the following provisions:

(i) The renter, the lessee, the property broker body did not conduct rental registration, change, write-off procedures under article 11, Article 12 of the present provision, and the fine of up to €200.

(ii) In violation of article 17 of this provision, rented homes are in existence of security, fire safety concealments, corrective orders and may be fined up to 3,000 dollars.

(iii) In violation of article 18, paragraph 1, of the present provision, the renter to rent houses for persons without identity, or the discovery of criminal activities by the lessor of the use of rented homes without reporting to the public security authorities, with a fine of more than 500 dollars.

(iv) In violation of article 19 of the present provision, the tenant damaged the public interest or hinders the normal work and life of others, warnings and compensatory changes; the late refusal to be rectified, with a fine of €200 million.

(v) In violation of article 21, paragraph 1, and paragraph 2, of this provision, the renter, the unit does not carry out the responsibility for security management, is subject to correction and may be fined by more than 30,000 dollars, with serious consequences of a fine of more than 100,000 dollars.

Article 36, in violation of this provision, is punishable by the construction (household) administration, in accordance with the following provisions:

(i) In violation of article 17 of the present article, rented homes are hidden in the security of buildings and are subject to correction and fines of up to 3,000 dollars.

(ii) In violation of article 20 of the present provision, the renter is in breach of the conditions of rental housing limitations and is in serious circumstances punishable by a fine of more than 3,000 dollars; the property brokers and their brokers work in the rental operations against the conditions of rental housing restrictions; the duty is being changed to a fine of over 30,000 dollars.

(iii) In violation of article 25, paragraph 1, of the present provision, property brokers are not reported to the information in accordance with the provisions, and are subject to a fine of up to 3,000 dollars.

(iv) In violation of article 26 of this provision, property brokers have not implemented the financial regulation system, corrective action and fines of up to 3,000 dollars.

(v) Property brokers and their brokers engage in home rental brokering operations, in violation of article 27, subparagraph (ii), (iii), (vi) of this provision, or in violation of subparagraph (iv), the tenancy of certificates of eligibility for property brokers, the order is being changed to a fine of up to 30,000 dollars.

Article 37 punishes the business administration in accordance with the following provisions:

(i) In violation of article 25, paragraph 2, of this provision, property brokers use persons who have not obtained a certificate of eligibility for property brokering to carry out home rental brokering activities with a fine of up to 3,000 dollars;

(ii) In violation of article 27, subparagraph (i), subparagraph (v), of the present provision, the property brokers operate in violation of the provisions of article 27, paragraph (i), and corrective orders, with a fine of up to 30,000 dollars;

(iii) In violation of article 27, paragraph (vii), of this provision, property brokers are punished in accordance with the relevant provisions of the registration management, in violation of the relevant provisions of the regulations relating to the conduct of business activities other than the scope of the operation.

In violation of article 17 of the present article, rented homes are hidden for health safety and are converted by a sensorship of the health administration and punishable by over 3,000 dollars.

Article 39, the taxor, the lessee, and the lessee, shall be resolved in consultation; the lesson, the lessor, the lessor may apply to the People's Conciliation Commission, the Association of Real Electical Industries, the construction of the (house) administration or other relevant units for mediation or the application of arbitration or prosecution under the law.

Article 40 acts in violation of this provision, other laws, regulations, regulations and regulations already provide for administrative penalties, which are dealt with by the relevant executive branch in accordance with the law; constitutes an offence punishable by law.

Annex VI

Article 40 Order No. 13 of the Government of the People of Beijing, 13 June 1995, the first amendment to the Beijing People's Government Order No. 12 of 31 December 1997, was repealed in accordance with the provisions on the management of housing leases in Beijing City, which were amended by Order No. 150 of the Government of the People of Beijing on 1 June 2004.