Measures for the administration of public rental housing

Hello, the current Measures for the Administration of Public Rental Housing in China are as follows: Chapter I General Provisions Article 1 These Measures are formulated to strengthen the management of public rental housing, ensure fair distribution, standardize operation and use, and improve the exit mechanism. Article 2 These Measures shall apply to the distribution, operation, use, withdrawal and management of public rental housing. Article 3 The term "public rental housing" as mentioned in these Measures refers to affordable housing that is rented to families with housing difficulties with lower-middle income in cities and towns, newly employed workers without housing and migrant workers with stable employment in cities and towns that meet the prescribed conditions. Public rental housing can be raised through new construction, reconstruction, acquisition and long-term lease, and can be raised through investment, policy support and social forces. Public rental housing can be a complete set of housing or dormitory housing. Article 4 The competent department of housing and urban and rural construction in the State Council is responsible for the guidance and supervision of public rental housing throughout the country. Local people's housing and urban construction (housing security) departments at or above the county level shall be responsible for the management of public rental housing within their respective administrative areas. Article 5 The competent departments of people's housing security of municipalities directly under the Central Government, cities and counties shall strengthen the construction of public rental housing management information system, and establish and improve public rental housing management files. Article 6 Any organization or individual has the right to report and complain about acts violating these Measures. The competent department of housing and urban construction (housing security) shall timely verify and handle reports and complaints according to law. Chapter II Application and Examination Article 7 An application for public rental housing shall meet the following conditions: (1) There is no housing in the local area or the housing area is below the prescribed standard; (two) the income and property are lower than the prescribed standards; (3) If the applicant is a migrant worker, he has been employed stably in the local area for a specified number of years. The specific conditions shall be determined by the municipal and county-level people's housing security departments according to the actual situation in the region, and shall be implemented and announced to the public after being approved by the people's government at the corresponding level. Article 8 An applicant shall submit application materials in accordance with the provisions of the municipal and county people's housing security departments, and be responsible for the authenticity of the application materials. The applicant shall agree in writing to the municipal and county people's housing security departments to verify their application information. If the application materials submitted by the applicant are complete, the competent department of people's housing security at the city or county level shall accept it and issue a written certificate to the applicant; If the application materials are incomplete, the applicant shall be informed in writing of the materials that need to be supplemented at one time. In development zones and parks, employers may, on behalf of their employees, apply for the centralized construction of public rental housing for employers or employees in parks. Ninth city and county people's housing security departments shall, in conjunction with the relevant departments, review the application materials submitted by the applicant. After examination, the applicants who meet the application conditions shall be publicized. After publicity, if there is no objection or the objection is not established, it will be registered as the waiting object of public rental housing and publicized; If it does not meet the application conditions, it shall notify the applicant in writing and explain the reasons. If the applicant disagrees with the audit results, he may apply to the municipal or county people's housing security department for review. City and county people's housing security departments shall, jointly with relevant departments, conduct a review, and inform the applicant of the review results in writing within 15 working days. Chapter III Waiting and Rent Allocation Article 10 An applicant registered as the waiting object shall arrange public rental housing during the waiting period. The people's housing security departments of municipalities directly under the central government, cities and counties shall, according to the local economic development level and the demand for public rental housing, reasonably determine the waiting period for public rental housing, report it to the people's government at the same level for approval and implement it, and announce it to the public. The waiting period generally does not exceed 5 years. Eleventh public rental housing supply is determined, the city and county people's housing security departments shall formulate the distribution plan and announce it to the public. The rent allocation scheme shall include the location, quantity, apartment type, area, rent standard, scope of supply object, time limit for intention registration, etc. The supply scope of public rental housing invested by enterprises and institutions can be defined as employees of their own units. Twelfth with the release of the rent plan, the waiting object can be registered with the people's housing security department of the city or county in accordance with the rent plan. City, county people's housing security departments in conjunction with the relevant departments in 15 working days to review the intention to register the waiting object. Do not meet the conditions, it shall notify in writing and explain the reasons. Thirteenth city and county people's housing security departments can take comprehensive evaluation, random lottery and other ways to determine the distribution object and distribution order. The process and results of comprehensive scoring, lottery, scoring and lottery shall be made public. Article 14 The object of allocation and the sequence of allocation shall be made public. If there is no objection to the publicity or the objection is untenable, the renting object will choose public rental housing according to the sorting of renting. The results of rent distribution shall be made public. Article 15. Priority can be given to special care recipients, orphans, the elderly, the sick and the disabled who enjoy the state's regular pension subsidies. The scope of priority objects and priority arrangements shall be determined by the housing security departments of municipalities, cities and counties according to the actual situation in the region, and shall be implemented and announced to the public after being approved by the people's government at the corresponding level. Social investment and employers' application for public rental housing on behalf of employees can only be allocated to applicants who have been audited and registered as waiting objects. Sixteenth with the rental object to choose public rental housing, public rental housing owners or their entrusted operating units and the rental object shall sign a written lease contract. Before the signing of the lease contract, the owner or the operating unit entrusted by him shall clearly explain to the lessee the terms involved in the lease contract and the circumstances in which the public rental housing should be returned. Seventeenth public rental housing lease contract shall generally include the following contents: (1) the names of the parties to the contract; (two) the location, use, area, structure, indoor facilities and equipment and use requirements of the house; (3) Lease term, rental amount and payment method; (4) Responsibility for house maintenance; (five) the responsibility to pay the property service fees, water, electricity, gas, heating and other related expenses; (6) Returning public rental housing; (seven) the liability for breach of contract and dispute resolution; (eight) other matters that should be agreed. Provinces, autonomous regions and municipalities directly under the central government, the competent departments of urban and rural construction of people's housing (housing security) shall formulate a model text of public rental housing lease contract. After the contract is signed, the owner of public rental housing or the operating unit entrusted by it shall report the contract to the municipal and county people's housing security departments for the record within 30 days. Eighteenth public rental housing lease period is generally not more than 5 years. Nineteenth city and county people's housing security departments shall, jointly with relevant departments, determine the local public rental housing rent standards in accordance with the principle of slightly lower than the housing market rent level in the same area, and report to the people's government at the same level for approval before implementation. The rent standard of public rental housing shall be announced to the public and adjusted regularly. Twentieth public rental housing lease contract rent amount, should be determined according to the public rental housing rent standards approved by the people's government of the city or county. Article 21 The lessee shall pay the rent on time as agreed in the contract. If the lessee's income is lower than the local standard, he may apply for lease subsidy or reduction in accordance with relevant regulations. Article 22 The rental income of invested public rental housing shall be paid into the state treasury at the same level in accordance with the relevant provisions on the management of non-tax income, and the management of two lines of revenue and expenditure shall be implemented, which shall be used exclusively for repaying the principal and interest of public rental housing loans and the maintenance and management of public rental housing. Twenty-third because of employment, children's schooling and other reasons need to change the public rental housing, with the consent of the owner of the public rental housing or its entrusted operating unit, the lessee can change the public rental housing it rents. Chapter IV Use and Exit Article 24 The owner of public rental housing and the operating unit entrusted by him shall be responsible for the maintenance of public rental housing and its supporting facilities to ensure the normal use of public rental housing. The maintenance cost of invested public rental housing is mainly solved by the rental income of public rental housing and supporting commercial service facilities, and the insufficient part is solved by the financial budget; The maintenance cost of public rental housing invested by social forces shall be borne by the owners and their entrusted operating units. Twenty-fifth public rental housing owners and their entrusted operating units shall not change the nature and use of public rental housing and the planned use of supporting facilities. Twenty-sixth the lessee shall not decorate the leased public rental housing without authorization. If it is really necessary to decorate, it shall obtain the consent of the owner of the public rental housing or the operating unit entrusted by it. Article 27 If the lessee commits any of the following acts, it shall return the public rental housing: (1) Lending, subletting or changing the public rental housing without authorization; (2) Changing the use of public rental housing; (three) the destruction or unauthorized decoration of public rental housing, refused to restore the original state; (four) engaged in illegal activities in public rental housing; (five) public rental housing has been idle for more than 6 months without justifiable reasons. If the lessee refuses to return the public rental housing, the municipal and county people's housing security departments shall order him to return it within a time limit; If it is not returned within the time limit, the municipal and county people's housing security departments may apply to the people's court for compulsory execution according to law. Twenty-eighth city and county people's housing security departments should strengthen the supervision and inspection of the use of public rental housing. The owner of public rental housing and the operating unit entrusted by him shall inspect the lessee's use of public rental housing, and if there is any violation of the laws and regulations of this office, he shall promptly deal with it according to law or report it to the relevant departments. Twenty-ninth lessee accumulated arrears of rent for more than 6 months, should vacate the public rental housing; If the lessee refuses to vacate the public rental housing, the owner of the public rental housing or the operating unit entrusted by him may bring a lawsuit to the people's court and ask the lessee to vacate the public rental housing. Thirtieth lease expires need to renew the lease, the lessee shall apply to the city and county people's housing security departments three months before the expiration of the lease. City and county people's housing security departments shall, jointly with relevant departments, review whether the applicant meets the conditions. Those who meet the requirements after examination are allowed to renew the lease and sign a lease renewal contract. If the lessee fails to apply for renewal of the lease as required, it shall vacate the public rental housing at the expiration of the lease term; If the lessee refuses to vacate the public rental housing, the owner of the public rental housing or the operating unit entrusted by him may bring a lawsuit to the people's court and ask the lessee to vacate the public rental housing. Article 31 The lessee shall vacate the public rental housing under any of the following circumstances: (1) The lessee applies for renewal of the lease, but does not meet the conditions for renewal after examination; (2) Other houses acquired through purchase, gift or inheritance during the lease period. No longer meet the allocation conditions of public rental housing; (three) during the lease period, lease or take over other affordable housing. If the lessee has one of the circumstances specified in the preceding paragraph, the owner of the public rental housing or the operating unit entrusted by him shall arrange a reasonable relocation period for him, and the rent during the relocation period shall be paid according to the amount of rent agreed in the contract. If the lessee fails to vacate the public rental housing at the expiration of the relocation period, and the lessee has no other housing, the rent shall be paid at the market price; If the lessee has other housing, the owner of the public rental housing or the operating unit entrusted by him may bring a lawsuit to the people's court and ask the lessee to vacate the public rental housing. Thirty-second real estate brokerage institutions and their brokers shall not provide public rental housing rental, sublease, sale and other brokerage business. Chapter V Legal Liability Article 33 If the competent department of housing and urban construction (housing security) and its staff fail to perform their duties as stipulated in these Measures, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Article 34 If the owner of public rental housing and the operating unit entrusted by him violate these measures and commit any of the following acts, the municipal and county people's housing security departments shall order him to make corrections within a time limit and impose a fine of not more than 30,000 yuan: (1) Renting public rental housing to unqualified objects; (two) did not fulfill the obligation to maintain public rental housing and its supporting facilities; (three) to change the nature and use of public rental housing and the planned use of supporting facilities. If the owner of public rental housing is an administrative organ, it shall be handled in accordance with Article 33 of these Measures. Article 35 Where an applicant conceals relevant information or provides false materials to apply for public rental housing, the municipal and county people's housing security departments will not accept it, give a warning and record it in the public rental housing management files. By cheating or other improper means, registered as the waiting object or renting public rental housing, the municipal and county people's housing security departments shall impose a fine of 1000 yuan and record it in the public rental housing management files; If it is registered as a waiting object, its registration shall be cancelled; If the public rental housing has been leased, it shall be ordered to return the leased public rental housing within a time limit and pay the rent at the market price. If it is not returned within the time limit, it may apply to the people's court for compulsory execution according to law, and the lessee shall not apply for public rental housing again within five years from the date of returning the public rental housing. Article 36 If the lessee commits any of the following acts, the municipal or county-level people's housing security department shall order him to pay back the rent at the market price from the date of the illegal act, record it in the public rental housing management file, and impose a fine of 1000 yuan; If there is illegal income, a fine of less than 3 times the illegal income but not more than 30,000 yuan shall be imposed: (1) Lending, subletting or changing the use of the rented public rental housing without authorization; (2) Changing the use of public rental housing; (three) the destruction or unauthorized decoration of public rental housing, refused to restore the original state; (four) engaged in illegal activities in public rental housing; (five) public rental housing has been idle for more than 6 months without justifiable reasons. One of the acts listed in the preceding paragraph, the lessee shall not apply for public rental housing again within five years from the date of returning the public rental housing; If losses are caused, it shall be liable for compensation according to law. Article 37 In violation of Article 32 of these measures, according to Article 37 of the Measures for the Administration of Real Estate Agents, the local people's housing and urban and rural construction (real estate) departments at or above the county level shall order them to make corrections within a time limit and record them in the credit files of real estate agents; For real estate agents, a fine of 6,543,800 yuan is imposed; For real estate intermediaries, the qualification of online signing will be cancelled and a fine of less than 30,000 yuan will be imposed. Chapter VI Supplementary Provisions Article 38 The competent departments of housing and urban construction (housing security) of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed implementation rules according to these Measures. Article 39 These Measures shall come into force as of July 20th, 20 12.