Thoughts on strengthening the supervision of housing intermediary market

With the rapid development of the real estate industry, the housing intermediary market has become an important platform for housing ownership transactions. The development of housing intermediary market has played a positive role in serving farmers to work and do business in cities, facilitating the life of urban and rural people and promoting economic and social development. But at the same time, we should also see that there are some problems in the development of the housing intermediary market itself and the government's supervision of the housing intermediary market, which need to be studied and solved.

First, the main problems existing in the current Rugao housing intermediary market

1, the chaos in the housing intermediary market cannot guarantee the legitimate rights and interests of the parties. In recent years, through many joint law enforcement inspections by public security, industry and commerce, housing management, labor and other departments, it is found that the main manifestations of chaos in the housing intermediary market in Rucheng area are:

(1) Operating without qualification. Up to now, there are 32 real estate agencies that have obtained business licenses in the industrial and commercial departments, while only 9 have applied for filing and obtained qualification certificates in the housing management departments. Unqualified management has seriously disrupted the normal order of the real estate intermediary market;

(2) Operating beyond the scope. Real estate agents generally have business behaviors beyond the scope stipulated in the qualification certificate, such as engaging in some labor services and matchmaking services;

(3) the practice behavior is not standardized. Some employees of real estate intermediary service institutions have low professional quality, can't hold certificates, and their services are not standardized;

(4) the agreement is not standardized, oral transactions, the content of the agreement is incomplete, the elements are incomplete, and the rights and obligations are unclear;

(5) The lease conditions are not complete. Some rental houses have security risks, and some have the phenomena of incomplete subletting mortgage procedures, no property right certificate, illegal construction and disputed ownership.

(6) The awareness of registration and filing according to law is weak. Do not understand, do not support, and have resistance to legal registration and filing. When accepting the management, some lessors are unwilling to provide information, and some even refuse to admit the leasing behavior;

(7) subletting at different levels, speculating in the market, raising rents and making profits from it;

(8) Deceiving the administrative department for industry and commerce by leasing, and concealing illegal business operations and economic crimes. The chaos in the housing intermediary market leads to the failure to protect the legitimate rights and interests of both parties. Once disputes occur, they are used to solving them privately. For example, when defending legal rights in litigation, both parties often have no evidence or insufficient evidence, and their rights and interests cannot be effectively protected.

2. Poor supervision of the housing intermediary market has left a serious hidden danger to social security. Some lawless elements use rental houses as their base to engage in various illegal activities such as robbery, drug trafficking and gambling, and some ugly phenomena in society also use rental houses to cover themselves up. Statistics show that in recent years, more than 70% of criminal cases in cities are related to renting houses. In addition, rental housing has also become a safe haven for "super guerrillas", and unscrupulous operators have created "fake and shoddy" dens.

3. Lack of management of housing intermediary market, resulting in a large loss of tax sources. According to relevant data, the registration rate of business premises and residential premises in Rugao City is almost zero. Due to the small amount of management, low coverage, insufficient information sharing among departments, unclear collection base of tax authorities, and considerable gap between actual collection and registration rate, a large number of tax sources are lost. Driven by economic interests, most lessors are reluctant to provide lease agreements to avoid the management of management departments. A large number of house leasing activities flow into the underground black market for private leasing.

Second, the reasons for the problems in the housing intermediary market

1. The lag of relevant laws and regulations has affected the healthy development of the housing intermediary market. It has been nearly ten years since the existing laws, regulations and normative documents, such as Urban Real Estate Management Law, Urban Housing Leasing Management Measures of the Ministry of Construction, and Nantong Urban Housing Leasing Management Measures, have been published, and the expression and operation methods of many concepts have not adapted to the requirements of the rapid development of the housing intermediary market. In particular, there are no specific punishment measures in the penalty clause, which often makes law enforcers in an embarrassing situation of unfounded and powerless law enforcement and powerless to some illegal intermediary behaviors.

2. The current management system and supervision means can't meet the development requirements of the housing intermediary market. According to the Urban Real Estate Management Law, the real estate management department of the people's government at the county level is responsible for the management of house leasing within its administrative area. However, with the rapid development of urban construction, the housing intermediary market is becoming wider and wider. Other government departments are also involved in the management of housing lease, lacking necessary coordination and cooperation with each other, leading to multiple policies. In addition, the supervision means are single and passive, and the staffing can not meet the requirements of management intensity. So far, an effective management system and supervision means suitable for the market situation of this city have not been formed. This situation not only increases the economic burden of the parties, but also causes confusion in the management system and market order, which is not conducive to the sustained, rapid and healthy development of the housing intermediary market.

Third, suggestions on strengthening the supervision of the housing intermediary market.

1. Perfecting the legal system of housing intermediary market management It is suggested that on the basis of extensive investigation, the administrative law enforcement subject qualification of Rugao housing intermediary market management department should be established as soon as possible. According to the principle of "moderate advance, easy operation, easy implementation and standardized management", we should formulate a series of policies suitable for the management of Rugao housing intermediary market, and bring the management of housing intermediary in the city into the track of legalization and standardization.

(1) The concept of house leasing should be clarified. Lessors should include property owners, legal persons, government agencies, non-governmental organizations and social organizations with actual ownership and management rights. Housing lease refers to the behavior that the lessor delivers the house and part of the space of the house to the lessee for use, and the lessee pays the rent to the lessor in money or other forms and recovers the income.

(2) It is necessary to clarify the forms and types of house leasing.

(3) Clarify the scope of housing lease management in Rugao City, and all housing lease behaviors within the administrative area of Rugao City should be managed.

(4) Clear punishment measures to make laws and regulations more operable.

2. To establish a housing intermediary management system that meets the needs of the market, a vertical management network of "two levels of government and three levels of management" should be established. Set up a "housing agency management office" in the city real estate management department, and set up a grass-roots housing agency management office in the town and community (which can be co-located with other departments) to form a three-level management system, increase management personnel accordingly, implement relevant expenses, and ensure the development of housing agency management. At the same time, a horizontal management network of housing agency with clear division of labor, mutual cooperation and joint management has been established. Housing management, public security, taxation, civil affairs, industry and commerce, family planning and other relevant departments should cooperate with each other to form a joint force and make concerted efforts. The housing management department should ensure the legality of the rented house through the examination and certification of the house lease certificate, take the initiative to provide relevant basis for the registered enterprises of the administrative department for industry and commerce, provide relevant information on house lease tax for the tax department, and provide information on outsiders for the family planning department. When handling the business license, the industrial and commercial department shall examine the house property right certificate or the house lease registration certificate. If there is no registration record, it shall inform the house lease management department of the relevant information. Public security departments should strengthen the public security management of rental housing personnel.

3. Explore and innovate a set of effective housing agency management methods under the new situation.

(1) We should vigorously publicize the importance of strengthening the management of housing agencies and improve the registration rate. It is necessary to make full use of news media and community propaganda positions, distribute leaflets, go door to door and other forms to widely publicize the importance of strengthening rental housing management, and publicize relevant laws, regulations and rules to make it a household name. In particular, it is necessary to focus on rental house owners and leasing intermediaries, carry out targeted publicity work, inform the requirements, and make three chapters, so that they can clearly define their responsibilities and obligations, further enhance their awareness of law-abiding management, actively cooperate with relevant departments to do a good job in management, and form a benign interactive situation. In view of the problems existing in housing agencies, in order to further standardize the second-hand housing market and safeguard the legitimate rights and interests of buyers. The government should issue documents to make it clear that real estate brokerage activities must be "four noes" and "three musts", and further standardize and rectify the brokerage behavior in the secondary residential market. "Four noes": First, real estate brokerage enterprises shall not engage in brokerage business beyond the scope of qualification verification; Second, real estate brokerage enterprises and their employees are not allowed to engage in housing transfer activities by taking advantage of professional convenience; Third, real estate brokerage enterprises may not lend qualification certificates to seek benefits for others; Fourth, real estate agents are not allowed to lend qualification certificates and allow others to engage in real estate brokerage activities in their own names. "Three Musts": First, employees of real estate brokerage enterprises must hold real estate brokerage qualification certificates, and when conducting real estate brokerage activities, they must show their qualification certificates to their clients; Second, the intermediary contract signed by the real estate brokerage enterprise must use the standardized intermediary contract text supervised by the real estate management department, and the seller who signs the contract must have the autograph of the property owner and its owner, and may not sign the intermediary contract on his behalf; Third, if a real estate brokerage enterprise establishes a branch, the branch must go through the filing formalities at the Real Estate Agency Section of the Real Estate Management Office and apply for a branch qualification certificate. Efforts should be made to improve the registration rate of rural and urban rental houses in Rugao, and strive to achieve basic full coverage as soon as possible.

(2) Innovating management mode and improving administrative efficiency. In order to effectively strengthen the supervision of the housing intermediary market, the tax department may entrust the housing management department to collect relevant taxes and fees when handling the lease registration; The housing management department can also apply for temporary residence permits for foreigners in the public security department and entrust them to handle lease registration and filing. The entrusting department shall pay the entrustment fee according to the relevant provisions. This not only solves the problem that the work networks of various departments intersect with each other, but also solves the problem of insufficient personnel and funds of relevant departments, reduces administrative costs, improves work efficiency and facilitates the masses. The cooperative management mode of "house-household integration" between rental houses created in different places and police stations; "Trinity" collaborative management mode of housing rental office, police station and property management company; The cooperative management mode of housing rental office, police station and villagers' committee is worth learning and using for reference.

(3) Further improve and standardize the housing lease registration system. Establish and improve various management measures, uniformly make tables, books, certificates and books, and launch a model text of Rugao housing lease contract to further clarify the legitimate rights and obligations of the parties, including the duties and fees that the lessor should pay. For eligible houses that can be rented, the parties concerned must go to the Housing Agency Management Office to sign a unified model contract text and register it for the record. For those who have not gone through the lease registration procedures, the relevant administrative departments may order them to go through the formalities within a time limit and impose penalties according to law. At the same time, it is necessary to standardize file management and strengthen the tracking management of rental houses based on the long-term perspective.

(4) Establish the guiding price system for house leasing. Housing lease belongs to the category of market economy and must be handled according to economic laws. Therefore, the rental price of the housing rental market should go with the market, and both parties should decide on their own according to the market situation. However, in order to guide the behavior of both parties to the housing lease, it is necessary for the relevant departments to formulate the guiding rent for housing lease and publish it in time to provide price reference for both parties to determine the rent level. Guided rent can be based on the market rent price level, and on the basis of full investigation and scientific calculation, the staged rents of rental houses with different locations, different structures and different uses can be obtained. The parties agree on the amount of rent with reference to the guiding rent, so as to promote the normal, orderly and healthy development of the housing intermediary market.