Provisions on the administration of urban public housing

The "Regulations on the Administration of Urban Public Housing" was adopted at the 5th executive meeting of the Nikkei Department in March 1994/1,and is hereby abolished. I'll give you some information about the Regulations on the Administration of Urban Public Housing, hoping to help you. Provisions on the Administration of Urban Public Housing (Repealed) Chapter I General Provisions

Article 1 These Provisions are formulated in order to strengthen the management of urban public housing and protect the legitimate rights and interests of owners and users of urban public housing.

Article 2 These Provisions shall apply to the administration of public housing in cities and towns.

Article 3 The term "public houses" as mentioned in these Provisions refers to state-owned houses and collectively-owned houses.

Article 4 State-owned houses managed by state organs, social organizations, enterprises, institutions and the army belong to state property, and units authorized by the state (hereinafter referred to as property owners) shall exercise the right to operate and manage according to law and undertake corresponding obligations.

Collectively owned houses are managed by collective organizations (hereinafter referred to as property owners) according to law, and bear corresponding obligations.

Owners of public housing property rights also enjoy the corresponding land use rights.

Fifth public housing management should gradually realize socialization and specialization. Owners can entrust property management companies to operate and manage on their behalf.

Sixth housing property owners and users have the responsibility to protect their own management and use of housing. No unit or individual may occupy or damage public housing, and may not use public housing to obtain illegal interests.

Seventh the State Council construction administrative departments in charge of urban public housing management.

The construction administrative departments of provinces and autonomous regions are in charge of the management of urban public housing within their respective administrative areas.

The real estate administrative departments of the people's governments at or above the county level shall be in charge of the management of urban public housing within their respective administrative areas.

Chapter II Registration of Ownership

Eighth public housing ownership registration system. The legal proof of the ownership of public housing is the Ownership Certificate of Housing and the Ownership Certificate of Housing.

Article 9 The owner of a public house shall go through the ownership registration formalities at the real estate administrative department where the house is located within the prescribed time limit, and receive the "Property Ownership Certificate" after passing the examination.

* * * If there is a house, the owner * * * will register the ownership and get the house ownership certificate.

Tenth public housing ownership transfer, housing conditions change and housing loss, public housing property owners should be within the prescribed time limit to the real estate administrative departments where the housing is located for ownership transfer, housing conditions change and housing loss registration.

Eleventh for public housing ownership registration, ownership transfer registration and housing status change registration procedures, shall be submitted in accordance with the following requirements:

(a) new construction, renovation and expansion of housing, should be submitted to the project, planning, land use, construction and other departments of the approval documents and certificates;

(two) to buy a house, the original "Property Ownership Certificate", the sales contract and the documents approving the sale shall be submitted;

(three) the allocation of housing, it shall submit the original "housing ownership certificate" and the relevant documents of the allocation;

(four) the donation of housing should be submitted to the original "housing ownership certificate", the relevant approval documents, gift contract and notarial certificate;

(five) the exchange of housing, should be submitted to both sides of the "housing ownership certificate" and the exchange contract signed by both parties.

Twelfth public housing mortgage and other rights, should go to the real estate administrative departments for registration of other rights, to receive the "certificate of other rights of housing".

Thirteenth is strictly prohibited to alter or forge the publicity of the "housing ownership certificate", "housing ownership certificate" and "housing ownership certificate".

Lost all of the housing, all of the housing, all of the housing, it shall apply to the real estate administrative department where the house is located for a replacement.

Chapter III Utilization

Fourteenth public housing property owners and users should use the housing reasonably according to the purpose of the housing, and shall not change the purpose of the housing without authorization. If it is really necessary to change the use, it shall go through the examination and approval procedures in accordance with the relevant provisions.

Fifteenth public housing can be adjusted and exchanged to promote rational use.

Residential buildings suitable for business and service industries in prosperous areas should be gradually arranged for business and service industries.

Sixteenth exchange of the right to use public housing, should follow the principle of conducive to production and convenient life, by the exchange of the two sides signed a written agreement.

The user must obtain the consent of the property owner before exchanging the right to use the house. The property owner shall support the reasonable requirements of the user.

Seventeenth housing users should be rational use of housing, not idle for no reason. If a house has been idle for more than six months without justifiable reasons, the property owner may take back its right to use it.

Eighteenth of the important historical significance, cultural, artistic and scientific value of public housing, property owners and users should be protected, and shall not be arbitrarily changed.

Nineteenth public housing management involves adjacent property, its use and management in accordance with the relevant provisions.

Chapter IV Lease

Twentieth public housing lease, must implement the provisions of the state and the people's government of the city where the housing rental policies and standards.

For operating house leasing, the leasing price shall be determined by both parties through consultation.

Twenty-first operating housing lease, the lessor and the lessee shall sign a written lease agreement, clearly define the lease term, the nature of use and the lease price, and stipulate the rights and obligations of both parties. The lessor and the lessee shall hold the lease agreement and go through the examination and approval procedures with the real estate administrative department.

Article 22 The lessee must pay the rent on schedule and shall not breach the contract. If the rent is in arrears, the lessor may charge a late fee according to the regulations.

Twenty-third rental of public housing and ancillary facilities are naturally damaged or belong to the lessor's other repair scope, the lessor shall be responsible for the repair. If the lessee finds that the house is damaged, it shall promptly report for repair, and the lessor shall repair it within the prescribed time limit. If the house and its ancillary facilities are damaged due to the fault of the lessee, the lessee shall repair or compensate.

Twenty-fourth rental business housing repair responsibility, agreed by both parties in the agreement.

Article 25 The lessee shall cherish and rationally use the leased premises and ancillary facilities, and shall not dismantle, modify, expand or add them without authorization. If it is really necessary to change, it must obtain the consent of the lessor and sign a written agreement.

Twenty-sixth the lessee has one of the following acts, the lessor has the right to terminate the lease contract, take back the house, and demand compensation for losses:

(1) subletting the leased house without authorization;

(2) Transferring, lending or exchanging without authorization;

(3) changing the purpose of the house without authorization;

(four) accumulated arrears of rent for more than six months without justifiable reasons;

(five) residential buildings have been idle for more than six months without justifiable reasons;

(six) the use of rental housing for illegal activities;

(seven) intentional damage to public housing;

(eight) unauthorized sale of public housing use rights;

(nine) other acts that seriously damage the rights and interests of the lessor.

Twenty-seventh after the expiration of the lease, the lessee shall return the house. If you need to continue to use it, you should re-sign the lease agreement before the lease expires.

When the lessor must recover the house before the lease expires, it shall obtain the consent of the lessee in advance and compensate the lessee for the losses; Take back the residential house, and at the same time make good housing arrangements for the lessee.

Article 28 If the lessee dies within the lease term and his family members who have lived together for more than two years are willing to continue to perform the original contract, they can go through the formalities of renaming.

Twenty-ninth in the lease period, the property owner of the house transfers the ownership of the house, and the original lease agreement continues to be performed.

Thirtieth public housing lease overhaul or renovation, the lessee shall cooperate, within the lease period, the original lease relationship remains unchanged after overhaul or renovation.

Chapter v buying and selling

Thirty-first sale of public housing, the buyer and the seller must hold the documents stipulated by the people's government of the city where the house is located.

No unit or individual may buy or sell public housing without authorization.

Thirty-second public housing sales, real estate prices should be assessed according to state regulations.

Thirty-third public housing transactions must be carried out before the ownership registration audit.

Thirty-fourth the proceeds from the sale of public housing should be used in accordance with the relevant provisions of the state.

Thirty-fifth state-owned houses shall be transferred with compensation, and shall not be allocated without compensation, unless otherwise stipulated by the state.

Article 36 When selling all houses owned by * * *, the house owner has the preemptive right.

When selling public rental housing, the lessee has the preemptive right.

Thirty-seventh public housing sold to foreigners shall comply with the relevant provisions on the sale of foreign-related housing.

Chapter VI Repair and Restoration

Thirty-eighth maintenance of public housing and ancillary facilities is the responsibility of the owner of public housing property. The owner of the house has the responsibility to maintain the house and its ancillary facilities.

If the property owner is separated from the user, the responsibility for repair shall be clearly defined in the agreement.

Thirty-ninth repair responsible person shall regularly inspect and repair the house and its ancillary facilities to ensure its normal use and safety.

If the person responsible for the repair fails to perform the repair responsibility, the real estate administrative department shall order the person responsible for the repair to carry out the repair.

Fortieth the renovation of public housing should implement national and local laws, regulations, policies and standards.

Forty-first identification, repair and demolition of public dangerous houses shall be carried out in accordance with relevant regulations.

Forty-second public housing renovation funds should be allocated separately in accordance with the existing financial system and relevant regulations, and misappropriation is strictly prohibited.

Chapter VII Legal Liability

Forty-third in violation of the provisions of any of the following acts, the real estate administrative department of the people's government of the city at or above the county level where the house is located shall give administrative punishment to the responsible person:

(a) forged or altered housing ownership certificate, cancel the certificate, and impose a fine of less than 0% of the property value;

(2) Failing to handle the ownership registration on schedule, it shall be ordered to go through the formalities within a time limit and may be fined below 1% of the property value;

(3) If the house is sealed up, it shall be ordered to move out within a time limit, compensate for the losses, and may be fined less than 5 times the total rent of the house during the period of sealing up;

(four) intentional damage, harm to public housing losses, shall be ordered to compensate for the losses, and may impose a fine of less than 5 times the property loss;

(five) unauthorized increase in public housing rent standards, confiscate the illegal income, and may impose a fine of less than 5 times the illegal income;

(six) unauthorized sale of public houses, approved by the audit, shall be ordered to go through the formalities, pay taxes and fees, and impose a fine of 5% or less on the seller; If the sales are not allowed after examination, the sales contract shall be invalid, and the seller shall be fined below 10% of the sales amount;

Whoever buys or sells the right to use public houses without authorization, the sales contract shall be invalid, his illegal income shall be confiscated, and the seller shall be fined less than 20% of the sales amount;

(seven) unauthorized sublease of public housing, sublease agreement is invalid, to recover the house, confiscate its illegal income, and may impose a fine of less than 5 times the total sublease rent;

(eight) due to the dereliction of duty of the person responsible for the repair of public housing, causing property losses or personal injuries to others, it shall be ordered to compensate for the losses, and the person responsible for the repair shall be fined 5% ~ 10% of the property value.

Forty-fourth in violation of these provisions, if the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Forty-fifth real estate administrative departments of staff abuse of power, corruption, bribery, given administrative sanctions by the competent authorities. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs according to law.

Forty-sixth disputes arising from the registration, use, lease, sale and repair of public housing, the parties may apply to the real estate administrative department where the housing is located for mediation and arbitration, or bring a lawsuit to the people's court.

Article 47 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or bring a lawsuit to a people's court in accordance with the relevant provisions of the Administrative Procedure Law of the People's Republic of China. If it fails to apply for reconsideration, bring a suit in a people's court or perform the punishment decision within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution.

Chapter VIII Supplementary Provisions

Forty-eighth industrial and mining areas, state-owned farms, forest farms and other public housing management, with reference to these provisions.

Article 49 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation in accordance with these Provisions.

Article 50 The Ministry of Construction shall be responsible for the interpretation of these Provisions.