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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The Beijing Municipal People's Government on the amendment of the decision of the Beijing municipal regulations on the management of rental housing

    (September 14, 2010, the Beijing Municipal People's Government of the 74th General session on May 5, 2011 order No. 231 of Beijing Municipality announced come into force on the date of promulgation) of the Beijing Municipal People's Government for decision on House tenancy administration regulations read as follows: One, the second is revised as follows: "lease pursuant to these provisions within the administrative area of the city management.

    ” Second, an article shall be added as the seventh: "lease, the lessor and the lessee shall in accordance with signed lease agreement.

Contracts shall contain the basic conditions of housing, rent, lease, lease purpose, liability, etc.

"Within the rental period without consent of the lessee, the lessor is not allowed to shorten the term of the lease, rent increases. "Urban construction (housing) should be enacted together with the municipal administration for industry and Commerce administrative departments House leasing contract demonstration text, to the public.

    ” Third, an article shall be added as article eighth: "lessor seller of rental housing should be sold within a reasonable period of notice before the lessee, the lessee right to preemptive right to the same conditions.

” "Housing during the lease term due to trading, inheritance, gift, such as change of ownership does not affect the validity of the lease contract.

    ”

Four, an article shall be added as article Nineth ", encourages, supports, the lessor and the lessee signed a long-term lease contract of residence, establishing a stable rental. "The rental market in the short term rent larger fluctuations and other anomalies, and municipal people's Governments may authorize the municipal development and reform, the municipal building (housing), administrative departments to take the necessary temporary interventions, stable rental market.

    ” Five, an article shall be added as article tenth: "municipal, district and county governments should formulate plans through the development, acquisition, and other ways to provide affordable housing, public rental housing.

” "Encourage enterprises and individuals to invest in the construction of public rental housing.

    ”

    Article VI by deleting the seventh. Seven, eighth to 11th, one paragraph is added as the first paragraph: "the leased premises for residential, rental registrations should be carried out.

    ” Section eight, tenth to 13th and amended as: "real estate broker engaged in leasing brokerage, shall notify the lease to the grass-roots management kiosks, where rental housing registration; to provide leasing brokerage agency services, real estate broker shall, in accordance with the provisions of article 11th, 12th, the provisions of the first paragraph, handle the rental registration, modification, Cancellation procedures or in accordance with the municipal construction (housing), administrative departments through a lease agreement online filing system fill in relevant information.

    ”

Article nine, 11th to 14th, by deleting paragraph (d) of the "floating population in temporary marriage certificate".

    Deletion of the second paragraph. Ten, an article shall be added as article 15th: "grass-roots management kiosks rent registration, for the parties to provide the service, shall not be charged any fees. Grass-roots management service shall not conduct or engage in business activities in a disguised form.

    ” The third, 12th to 16th, the second paragraph is amended as: "registration of homeowners will rent housing management is entrusted, shall report in writing the local grass-roots housing management service.

    ”

    Article 12, 14th to 18th, the deletion of the second paragraph. 13, and 15th article to 19th article, modified for: "tenant people should tie rental people for housing rental registration; shall not unauthorized change tenant housing of planning design uses, shall not using rental housing engaged in illegal production, and processing, and store, and business explosive, and poison sex, and radioactive, and corrosion sex material or infectious diseases disease original body, dangerous material and other illegal activities, shall not damage public interests or hamper others normal work, and life.

    ” 14, an article shall be added as article 20th: "per capita living space in the leased premises shall not be less than the standards set in this city.

Specific standards by the municipal building (housing) Administration together with the municipal public security, urban planning, health, and other relevant administrative departments. "No kitchen, bathroom, balcony, underground storage room as a bedroom for rent residence for officers.

    ”

Section XV, an article shall be added as the 21st: "concentrate on rental housing for others to live, rent rooms and 10 per cent or rental housing staff of more than 15 people, the lessor shall establish appropriate management systems, clearly specialized administrative personnel, set up monitoring, fire prevention, fire-fighting equipment and facilities and a secure channel, and to establish a register of information or registration systems.

"Rent a House as a dormitory for employees living in, the unit shall perform security management responsibilities in accordance with the provisions of the preceding paragraph. "The public security organs shall be uniformly printed rental residence registration books for the lessor free.

    ” 16, and increased a article as 24th article: "police, and business administration, and civil defence, and health, and culture, and news published, and education, administrative sector in handle related administrative license Shi law should review activities places of, should review rental housing of using uses whether meet planning design uses, whether meet legal, and regulations, and regulations about activities places of provides; not meet of, not handle related administrative license.

    ” 17, 18th to the 25th, the first paragraph is amended as: "the organizations should be involved in leasing brokerage business established by law, obtaining the business license, comply with the conditions laid down in the State and the municipality, and should since its inception in the 30th, agencies and practitioners basic information submitted to the district or county building (House) administrations.

    ”

18, 20th to 27th, part (d) of "lend, lease" with the words "lease". Added as paragraph (g): "shall not be in breach of the provisions in brokerage, agency business outside of the scope of business activities.

    ” 19, an article shall be added as article 28th: "building (housing), Executive rental market information system should be established, housing rental market for units and individuals to provide information, brokering real estate brokers rental information services such as credit records.

    ” 20, and 22nd article to 30th article, first paragraph modified for: "police, and construction (housing), and business administration, and civil defence, and health, and population family planning, and planning, and culture, and education, and tax and city management integrated law enforcement, administrative sector should established law enforcement accountability, implementation on housing rental management of supervision check responsibility; in law enforcement in the found not belongs to this sector investigation of violations of, should timely told sibling rental housing management institutions, rental housing management institutions should timely told about administrative sector law investigation.

    ”

    Section 21, by deleting the 25th.

Article 22, 28th to 35th, in part (a) of "the eighth and Nineth" to "11th and 12th."

(B) in the "13th" to "17th".

In part (c) of the "14th article" with the words "the 18th article".

By deleting paragraph (d).

(E) to paragraph (d), in which "the 15th" with the words "the 19th". Added as paragraph (e): "the violation of the provisions of the 21st, the second paragraph of article,, does not implement safety management responsibility of the lessor, correction and fines of between 10,000 yuan and 30,000 yuan, causing serious consequences, fined a maximum of between 100,000 yuan and 30,000 yuan.

    ”

23, 29th to 36th and amended as: "in violation of the provisions of the following acts by building (housing), administration in accordance with the following provisions:

"(A) in violation of the provisions of article 17th, rental housing construction safety, correction, and liable to a fine of less than 1000 Yuan and 30,000 yuan.

"(B) violation of the provisions of article 20th, lessor violates rental restrictions shall be ordered to correct, if the circumstances are serious, be fined a maximum of 5000 Yuan and 30,000 yuan; real estate agencies and brokerage persons in breach of the rental housing leasing brokerage business constraints, correction, penalty of between 100,000 yuan and 30,000 yuan.

"(C) violation of the provisions of the 25th article, real estate broker failing to submit relevant information, correction, and to a fine below 10,000 yuan and 30,000 yuan.

"(D) violation of the provisions of article 26th, real estate brokers do not implement the financial regulatory system, correction and fines of between 10,000 yuan and 30,000 yuan. "(E) real estate agencies and brokerage staff leasing brokerage business, violation of the provisions of the 27th paragraph (ii), (iii) and (vi) provision, or in contravention of subsection (d) provides that leasing real estate brokerage certificate, correction, fines of between 10,000 yuan and 30,000 yuan.

    ”

24, an article shall be added as article 37th: "for violation of the provisions of the following acts, by the Administrative Department for industry and commerce in accordance with the following provisions:

"(A) in violation of the provisions of the 25th of article, using real estate brokers without real estate brokerage certificate personnel leasing brokerage activities, fines of between 10,000 yuan and 30,000 yuan;

"(B) violation of the provisions of article 27th (a) and (e) provision of illegal operation of real estate brokers, correction, fines of between 10,000 yuan and 30,000 yuan; "(C) violation of the provisions of article 27th (VII) provision relating to real estate brokers engaged in brokering, agents operating outside the scope of other business activities, sanction in accordance with the relevant provisions in the registration.

    ”

    25, 30th to 38th, one of the "13th" to "17th". 26, an article shall be added as article 39th: "lessor and lessee in leasing activity in the dispute shall be settled through consultation, lessors, lessees can contribute to the people's Mediation Committee, Association of real estate industry and construction (housing), apply for mediation or other relevant units of the Administrative Department, can also apply for arbitration or litigation.

” This decision shall come into force as of the date of.

    194th of November 3, 2007 municipal decree issued by Beijing municipal regulations on the management of rental housing under the terms of this decision be amended accordingly and the order after adjustment, republished.

    Report: Beijing real estate lease management regulations 2011 (revised)

    (194th order issued on November 3, 2007, the Beijing Municipal People's Government on May 5, 2011 order No. 231 of Beijing municipality to modify)

    Chapter I General provisions

    First in order to strengthen the management of rental housing, maintaining social order, and protect the legitimate rights and interests of leasing parties, in accordance with the relevant laws and regulations, combined with the municipality, these provisions are formulated.

    Second lease in accordance with these provisions within the administrative area of the city management.

    Article on House tenancy Administration adhere to the principle of combining management and service, the implementation of territorial management. The fourth article of the municipal people's Governments at all levels should strengthen leadership of the rental management, building rental housing management bodies.

    Management of leased property management agency has specific responsibility for housing rental organization, guidance, coordination, supervision and management work.

    Public security organs shall be responsible for rental housing security management, fire management, and household registration of the lease.

    Construction (housing) Administrative Department is responsible for the rental market, rental housing construction safety supervision and management and real estate brokerage industries management.

    Administration of industry and commerce is responsible for comprehensive oversight of brokering activities by management, and use of rental housing for operating without a license and other illegal business.

    Lease management of the Civil Administration Department is responsible for civil air defence works.

    Health, population and family planning, planning, taxes, national security and comprehensive urban management enforcement authorities shall perform their respective duties, such as good management of rental housing.

    Fifth District and county people's Government should be in the community, the village set up for housing, rental management, service management service (hereinafter referred to as grass-roots management stations), and guarantee their funding, Office space in the workplace.

    Sixth section residents and villagers committees and other grass-roots organizations should assist the administrative departments concerned leasing management, urging the lessor, lessee and consciously abide by the State and the municipality on House tenancy administration requirements.

    Residents ' and villagers ' committees according to the local area, organized the residents to develop rental housing management Convention, autonomous management of rental housing. Article seventh lease, the lessor and the lessee shall in accordance with signed lease agreement.

    Contracts shall contain the basic conditions of housing, rent, lease, lease purpose, liability, etc.

    Houses without consent of the lessee in the lease term, the lessor is not allowed to shorten the term of the lease, rent increases.

    Municipal building (housing) should be enacted together with the municipal administration for industry and Commerce administrative departments House leasing contract demonstration text, to the public.

Eighth lessor to sell rental housing should be sold within a reasonable period of notice before the lessee, the lessee right to preemptive right to the same conditions.

Housing during the lease term due to trading, inheritance, gift, such as change of ownership does not affect the validity of the lease contract.

Nineth, encourages, supports, the lessor and the lessee signed a long-term lease contract of residence, establishing a stable rental.

    Rental market in the short term rent larger fluctuations and other anomalies, municipal people's Government can authorize the municipal development and reform, the municipal building (housing), administrative departments to take the necessary temporary interventions, stable rental market.

Tenth of municipal, district and county governments should formulate plans through the development, acquisition, and other ways to provide affordable housing, public rental housing.

    Encourage enterprises and individuals to invest in the construction of public rental housing.

    Chapter lease registration

    11th leased for residential, rental registrations should be carried out.

    The lessor shall lease contracts with lessees within 7th day of, to grass-roots management kiosks, where the housing rental registration and fill in the following:

    (A) the lessor, the lessee's name or the name, type, and number, domicile, actual living person's name, identification document type and number, domicile;

    (B) basic conditions of rental housing, rental and lease term;

    (C) housing ownership certificates, or sources for housing;

    (D) other contents provided for in the city.

    12th modification or termination of the leasing contract, the lessor shall from the date of modification or termination of the contract in the 5th, housing location management service for the registration of changes or cancellation procedures.

    During the term of lease contract, personnel changes of residence, lessee shall from the date of change in the 2nd told grass-roots management service, apply for alteration registration procedures.

    13th article real estate brokers institutions engaged in housing rental broker activities, should written told rental party to housing location grass-roots management station handle housing rental registration procedures; provides housing rental brokers delegate agent business of, real estate brokers institutions should according to this provides 11th article, and 12th article first paragraph of provides, handle housing rental registration, and change, and cancellation procedures or according to city construction (housing) administrative sector of provides through housing rental contract online record system filled related information.

    14th grass-roots management station should be for parties to handle the rental registration provides the following services:

    (A) information on the management of rental housing rules and safety use of knowledge;

    (B) inform relevant personnel of floating children in school, the national immunization program of vaccination, provides free technical service for family planning matters and processes;

    (C) require proof of associated with the lease of the party;

    (D) commissioned by the parties, provide registration of temporary residence, temporary residence documents, handle ordinary basement registration, inspection, proof of marriage registered floating population, tax agent services;

    (E) provide advocacy service information;

    (F) municipal, district and County Governments provided additional services. 15th basic management kiosks rent registration, for the parties to provide the service, shall not be charged any fees.

    Grass-roots management service shall not conduct or engage in business activities in a disguised form.

    Chapter management practices 16th security of rental housing owned by the homeowners are responsible for.

    The lessee should be responsible for their use.

    Owner registration of rental housing management is entrusted, shall report in writing the local grass-roots housing management service.

    17th building structure of the leased premises and facilities shall comply with building, fire, police, health and other aspects of security conditions should not endanger personal safety.

    Against illegal buildings and other law may not rent houses for rent. 18th the lessor has the right to supervise for the lessee to use housing.

    Lessor shall rent housing to undocumented people; shall not be leased, for facilitating illegal operation conditions; found tenants for rent houses suspected of any criminal activity, and report to the public security organs in a timely manner.

    Lessor rental income should pay taxes according to law.

    19th the lessee shall coordinate with the lessor rental registration without changing the tenant uses the design of housing, rental housing must not be used in the illicit production, processing, storage and management of explosive, toxic, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances and other illegal activities, shall be without prejudice to the public interest or to hinder the normal work and lives of others. 20th per capita living space in the leased premises shall not be less than the standards set in this city.

    Specific standards by the municipal building (housing) Administration together with the municipal public security, urban planning, health, and other relevant administrative departments.

    No kitchen, bathroom, balcony, underground storage room as a bedroom for rent residence for officers.

    21st focused on rental housing for others to live, rent rooms and 10 per cent or rental housing personnel of more than 15 people, the lessor shall establish appropriate management systems, clearly specialized administrative personnel, set up monitoring, fire prevention, fire-fighting equipment and facilities and a secure channel, and to establish a register of information or registration systems.

    Units leased residence housing as dormitories for the workers, the unit shall perform security management responsibilities in accordance with the provisions of the preceding paragraph.

    Public security organs shall be uniformly printed rental residence registration books for the lessor free.

    22nd rent, sublet, lent to overseas units and personnel housing, or lessee to retain foreign personnel, the lessor, the lessee shall abide by the State and the municipality on the management of national security requirements.

    23rd housing management units shall in accordance with the following provisions for safety management of housing:

    (A) the establishment of a safety management system, the implementation of management measures.

    (B) security checks required of the tube housing, and security checks and records kept.

    (C) in accordance with the relevant requirements of administration or management service provide housing security check results.

    (D) found that endanger the safety or other violations of housing using an immediate end, and urge the responsible correction; it refuses, and promptly report to the House where the relevant administrative departments according to law.

    24th public security, industry and commerce administration, civil protection, health, culture, press and publication, education administrative departments in handling related to the administrative licensing law, such as activities should be reviewed, should review the use of rental housing for compliance planning and design purposes, are in accordance with provisions of laws and regulations, regulations on places; non-compliant, not for administrative permission.

    25th engaged in leasing brokerage institutions shall be established by law, obtaining the business license, comply with the conditions laid down in the State and the municipality, and should since its inception in the 30th, agencies and practitioners basic information submitted to the district or county building (House) administrations. Personnel engaged in the leasing brokerage activities, shall obtain the appropriate real estate agent qualification certificates.

    Without a real estate broker qualified personnel shall not engage in leasing brokerage activities. 26th article of the city imposed on leasing broker agency business bank collecting payment, risk, customer funds and own funds account management and other financial regulatory system.

    Specific measures by the municipal building (housing), administrative authorities and the departments concerned.

    27th real estate agencies and brokerage staff leasing brokerage business, shall comply with the following requirements:

    (A) undertakings public service content, service standards, real estate agent qualification certificate. (B) leasing brokerage business, accepted by real estate brokers and work with your client to sign a brokerage contract in writing, collect Commission, invoicing.

    Real estate agency personnel shall not personally soliciting business.

    (C) the real estate agency personnel shall not at the same time in two or more real estate brokers carrying out their business.

(D) you will not forge, alter, buy or lease real estate broker certificate.

(E) shall not be occupied, misappropriation or delays in the payment of client funds.

(Vi) not brokering, rental agent not eligible for rental housing.

    (VII) shall not violate the relevant provisions in brokerage, agency business outside of the scope of business activities.

    The fourth chapter, supervision and inspection

    28th construction (housing), Executive rental market information system should be established, housing rental market for units and individuals to provide information, brokering real estate brokers rental information services such as credit records.

29th city in accordance with the principles of unified planning, resource sharing, establishing rental housing the integrated management information system platform, dynamic management of rental housing information.

    Management, departments and their staff to use housing rental information, housing rental information should be kept confidential, maintaining the lawful rights and interests of the parties.

30th article police, and construction (housing), and business administration, and civil defence, and health, and population family planning, and planning, and culture, and education, and tax and city management integrated law enforcement, administrative sector should established law enforcement accountability, implementation on housing rental management of supervision check responsibility; in law enforcement in the found not belongs to this sector investigation of violations of, should timely told sibling rental housing management institutions, rental housing management institutions should timely told about administrative sector law investigation.

    House management, real estate broker, lease the Parties shall cooperate with the relevant administrative departments to manage the lease.

    31st of municipal, district and county administrative departments, neighborhood offices, Township and town people's Governments shall, in accordance with their respective responsibilities, to prepare for grass-roots management service and its staff training and guide our work.

    32nd primary management service station inspection system should be established, collecting rental information, conduct daily checks on rental, and do the following:

    (A) finding false registration information be corrected;

    (B) find unregistered, supply;

    (C) find the House unsafe, urging that the lessor or lessee for rectification;

    (D) found in violation of public security, fire fighting, health, safety and other violations of the provisions on the administration of family planning, building structure, reporting to the superior rental housing management agencies or any other relevant administrative departments.

    33rd building (housing), administration for industry and Commerce administrative departments, such as real estate brokers when they discharge their duties of supervision and inspection, you can check the information and understanding of the real estate brokerage business and customer funds, and other aspects of the management of the risk reserve; may request units under inspection to provide real estate brokerage license, real estate broker's certificate.

    Construction (housing), administration for industry and Commerce administrative departments in accordance with State and municipal regulations released to public supervision and inspection of relevant information.

    The fifth chapter legal liability

    Article 34th with leasing and administration of the Executive Branch and his staff neglect, abuse, deception, by its superior departments or organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated according to law.

    35th on the violation of the provisions of the following acts, by the public security organs in accordance with the following provisions:

    (A) the lessor, lessee, real estate broker in accordance with the provisions of article 11th, 12th provisions of rental housing registration, modification and cancellation procedures, correction, penalty of between 500 Yuan and 200 Yuan.

    (B) violation of the provisions of article 17th, rental of housing security, fire safety, correction, and liable to a fine of less than 1000 Yuan and 30,000 yuan.

    (C) violation of the provisions of the 18th article, the lessor rental housing to undocumented people or that the lessee leased suspected criminal activity, not to report to the public security organs, fined a maximum of between 500 Yuan and 200 Yuan.

    (D) violation of the provisions of article 19th, when the lessee uses the leased housing damage public interests or hinder normal work and lives of others, warning and order the correct limit; it refuses to, fined a maximum of between 500 Yuan and 200 Yuan.

    (E) violation of the provisions of the 21st paragraph, second paragraph, does not implement safety management responsibility of the lessor, correction and fines of between 10,000 yuan and 30,000 yuan, causing serious consequences, fined a maximum of between 100,000 yuan and 30,000 yuan.

    The 36th article in violation of the provisions of the following acts by building (housing), administration in accordance with the following provisions:

    (A) in violation of the provisions of article 17th, rental housing construction safety, correction, and liable to a fine of less than 1000 Yuan and 30,000 yuan.

    (B) violation of the provisions of article 20th, lessor violates rental restrictions shall be ordered to correct, if the circumstances are serious, be fined a maximum of 5000 Yuan and 30,000 yuan; real estate agencies and brokerage persons in breach of the rental housing leasing brokerage business constraints, correction, penalty of between 100,000 yuan and 30,000 yuan.

    (C) violation of the provisions of the 25th article, real estate broker failing to submit relevant information, correction, and to a fine below 10,000 yuan and 30,000 yuan.

    (D) violation of the provisions of article 26th, real estate brokers do not implement the financial regulatory system, correction and fines of between 10,000 yuan and 30,000 yuan.

    (E) real estate agencies and brokerage staff leasing brokerage business, violation of the provisions of the 27th paragraph (ii), (iii) and (vi) provision, or in contravention of subsection (d) provides that leasing real estate brokerage certificate, correction, fines of between 10,000 yuan and 30,000 yuan.

    37th for violation of the provisions of the following acts by the Administrative Department for industry and commerce in accordance with the following provisions:

    (A) in violation of the provisions of the 25th of article, using real estate brokers without real estate brokerage certificate personnel leasing brokerage activities, fines of between 10,000 yuan and 30,000 yuan;

    (B) violation of the provisions of article 27th (a) and (e) provision of illegal operation of real estate brokers, correction, fines of between 10,000 yuan and 30,000 yuan;

    (C) violation of the provisions of article 27th (VII) provision relating to real estate brokers engaged in brokering, agents operating outside the scope of other business activities, sanction in accordance with the relevant provisions in the registration.

    38th in violation of the provisions of article 17th, rental housing there are health and safety risks, the public health Administrative Department shall order rectification, and liable to a fine of less than 1000 Yuan and 30,000 yuan.

    39th lessor, lessee leasing activity in the dispute shall be settled through consultation, lessors, lessees can contribute to the people's Mediation Committee, Association of real estate industry and construction (housing), apply for mediation or other relevant units of the Administrative Department, can also apply for arbitration or litigation.

    40th violations of the provisions of this Act, other laws, regulations and rules have provided administrative penalties, dealt with by the relevant authorities to perform constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 41st these provisions come into force on January 1, 2008. Decree on June 13, 1995, the Beijing Municipal People's Government, 13th, 12th order on December 31, 1997, the Beijing Municipal People's Government for the first time, on June 1, 2004, 150th order of Beijing municipality second revised field staff rental housing to Beijing, the Beijing city public security regulations repealed simultaneously.

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