The Beijing Housing Lease Regulations will come into effect today.

"Black intermediary", formaldehyde room, partition room, rental loan, disorderly price increase, long-term rental apartment bursting ... With the vigorous development of the rental market, the breeding of some chaos has also been frequently spit out, and the relevant formats need to be standardized. /kloc-In September, 2000, the Beijing Housing Lease Regulations (hereinafter referred to as the Regulations) came into effect. This is also the first local regulation in China to regulate emerging formats such as "house leasing" and long-term rental apartments. Beijing is also the first city to write into local legislation "Living in a proper place, not speculating on houses, paying equal attention to rent and purchase, and balancing occupation and residence". The Beijing Youth Daily reporter interviewed the relevant person in charge of the Municipal Housing Construction Committee for the ten hot issues of the Regulations and made an authoritative interpretation.

■ Encourage "long-term contracts" so that tenants can enjoy property services equally.

■ Formaldehyde rooms with poor indoor air quality will face penalties.

■ The daily rent or hourly room shall conform to the regulations or obtain the consent of the owner of the same building (hospital).

■ The deposit charged to the lessee generally does not exceed one month's rent.

■ Sub-district offices and township governments should conduct daily supervision over the housing lease within their respective jurisdictions.

■ The housing rent has risen obviously, and there must be price intervention measures.

■ Partitioned rental is not allowed, and the living room is not allowed to be rented separately.

■ Don't rent the house to people who don't show their identification.

■ The loan amount shall not be higher than the house lease contract amount.

■ If an individual sublets more than the specified number of houses, a housing leasing enterprise shall be established.

Hotspot 1

Formaldehyde rooms and partition rooms shall not be rented.

The safety of illegal group renting houses is a serious nuisance to the people, and at the same time, the rectification of illegal group renting houses is also a special content of "resolving rectification and promoting promotion" in Beijing.

The "Regulations" clearly stipulate that rented houses should meet the requirements of basic safety standards such as construction, public safety and indoor air quality, have basic living conditions such as water supply and power supply, and must not cut off power supply to change the internal structure of houses; The living room shall not be rented separately, and non-residential spaces such as kitchen, bathroom, balcony and storage room shall not be rented for living; Per capita use area and the number of people living in each room comply with relevant regulations; It is forbidden to rent illegal buildings and other houses that cannot be rented according to law.

In the corresponding legal responsibilities, it is stated that if the house leasing enterprise decorates the leased house and the indoor air quality does not meet the indoor air quality standards after testing by a qualified testing institution, the housing and urban-rural construction or the housing authorities shall order it to make corrections within a time limit and impose a fine of 1 10,000 yuan but not more than 50,000 yuan; If no correction is made within the time limit, a fine of not less than 50,000 yuan but not more than 300,000 yuan shall be imposed.

At the same time, the "Regulations" clearly give sub-district offices and township governments the management responsibility and punishment right for illegal group renting. This is that Beijing has upgraded the practical experience of illegal group renting since 20 13 to local regulations, which has provided more adequate legal protection for governance.

Hotspot 2

Increase the supply of rental housing in various ways.

Beyond the norms, there is a realistic contradiction between supply and demand in the market. To this end, multi-channel, multi-agent and multi-way to increase the effective supply of rental housing has become the solution. Hu Qingfu, deputy director of the Housing Leasing Management Office of the Beijing Municipal Commission of Housing and Urban-Rural Development, said in an interview with the reporter of Beiqing Daily that on the supply side, collective land construction of rental housing has become an important way to strengthen the supply of rental housing, starting from Beijing 20 17 and becoming one of the national 13 pilot cities. In 2020, Chengshou Temple Community in Fengtai Apollo was unveiled, becoming the first officially operated collective land rental housing project in China.

The second is to rebuild rental housing. In 20 18, Beijing issued relevant documents, allowing some non-residential houses such as idle factories, hotels and office buildings to be converted into collective dormitories according to regulations, so as to solve the problem of renting houses for employees in urban operation service guarantee industries such as express logistics, housekeeping and catering. And such a house can enjoy the price of water, electricity, heating and gas for residents, which is also reflected in the previous relevant documents.

In addition, it is encouraged to increase the effective supply of rental housing by adding or using existing land to build rental housing, building new commercial housing projects to build rental housing, and revitalizing idle housing on homesteads. At the same time, it is clearly stipulated that these newly built or rebuilt rental houses shall not be sold or sold by rent. In violation of the regulations, the housing construction department shall order it to make corrections and impose a fine of 654.38+10,000-500,000 yuan. If it fails to make corrections within the time limit, it shall be fined 500-654.38+10,000 yuan.

Hotspot 3

When rents soar, the government can intervene.

Many tenants report that renting a house in a first-tier city like Beijing is not a small expense, ranging from 20% to 50% of the salary. Renewing the rent every year will experience a wave of rent increase.

It is understood that at present, the main body of the housing rental market is mostly retail-to-retail (C2C), and the housing rental business (B2C) is small in scale, with few means of rent control and great difficulty. The "Regulations" explicitly prohibit housing leasing enterprises and real estate brokerage agencies from driving up rents, bundling consumption, fabricating and disseminating price increase information and other acts that disrupt market order, and prevent enterprises from resorting to vicious capital competition, speculation and driving up rents.

The "Regulations" stipulate that the municipal housing and urban-rural construction departments should strengthen the monitoring of housing rental prices and establish and improve relevant early warning mechanisms. When the housing rent rises significantly or is likely to rise significantly, the Municipal People's Government may take price intervention measures such as price increase declaration, rent restriction or rent increase to stabilize the rent level and report it to the State Council for the record according to law. If the Municipal People's Government takes price intervention measures, the lessor shall implement them; Refuses to implement, by the market supervision and management departments in accordance with the law.

Hotspot 4

What is a "substantial increase" in rents?

In August, 20021,the Ministry of Housing and Urban-Rural Development issued the Notice on Preventing Demolition and Construction in the Implementation of Urban Renewal Action, which made it clear that the annual increase of urban housing rent should not exceed 5%. Is there a clear definition standard for "obvious rise" in the Regulations?

In this regard, Hu Qingfu explained that the current rent in the leasing market is a market-adjusted price, and there is no government pricing or guidance price. Under normal circumstances, the government does not interfere. However, when the rent rises too fast, similar to 20 18, which affects the stability of the whole housing rental market, the government can intervene according to law. For what is a "significant increase", the next step will be to study and clarify the specific caliber.

Hotspot 5

The deposit is managed through a special account of a third party.

Housing leasing agency has always been a field with frequent contradictions and disputes. Civil, administrative and even criminal issues are intertwined, and more than 90% of them are contract disputes such as rent, deposit and lease term, which involve many subjects and are difficult to handle. It is also one of the chaos in the rental market. In the lease relationship, the lessee is often in a weak position. Statistics show that more than 90% of the complaints reflect that the rights and interests of the lessee have been violated.

The "Regulations" clarify that the deposit charged by a housing leasing enterprise to the lessee shall generally not exceed one month's rent, and shall be managed through a third-party special account according to regulations. Generally, the amount of rent collected at one time shall not exceed three months' rent, and the overcharged rent shall be regulated. The commission charged by real estate brokerage agencies for providing intermediary services shall generally not exceed one month's rent. When the house lease contract expires and the lessor and lessee renew or re-sign the house lease contract, the real estate agency shall not charge the commission again.

When the housing lease contract expires or terminates, the housing lease enterprise shall return the remaining deposit and rent to the lessee within three working days after the lessee returns the house, except for deducting the rent and liquidated damages.

Hotspot 6

The maximum fine for failure to perform guardianship is 300,000 yuan.

Regarding the terms of deposit custody and rent supervision, Hu Qingfu told the reporter of Beiqing Daily that there was no clear regulation on the supervision of rent deposit in the previous legal system. The "Regulations" regulate this prominent contradiction at the legal level and set penalties, which will effectively reduce the contradictions and disputes of rent deposits and protect the legitimate rights and interests of lease parties.

"Beijing began to implement deposit custody last year. Judging from the implementation effect, these contracts that were included in the deposit custody basically did not have disputes due to the deposit issue in the later period. " Hu Qingfu said that the Municipal Housing Construction Committee is working hard to study and formulate supporting policies for deposit rent supervision, and will openly solicit opinions from the society in the near future.

In addition, the reporter of Beiqing Daily noticed that the "Regulations" also clarified specific penalties: housing leasing enterprises, enterprises engaged in housing leasing business with their own houses, and real estate brokers failed to perform deposit custody and rent supervision, or failed to return the remaining deposits and rents on time, the housing and urban-rural construction or housing authorities ordered them to make corrections within a time limit, and the relevant responsible persons could be fined 1 10,000 yuan but not more than 50,000 yuan, and the relevant responsible persons could be punished. If no correction is made within the time limit, a fine of more than 50,000 yuan and less than 300,000 yuan may be imposed, and a fine of more than 10,000 yuan and less than 30,000 yuan may be imposed on the relevant responsible personnel.

Hotspot 7

Prevent mine explosion and strictly control "lease loan"

In response to the market chaos reflected by complaints and reports, such as rent deposit deduction, long-term payment and short-term payment, high-payment and low-payment, long-term rental apartments bursting, individual second landlords, and running away with money, the regulations also tailor-made a "tightening spell" for illegal market entities, standardizing and guiding enterprises to "rent loans", preventing alienation from becoming a means of financing, preventing enterprises from creating a "fund pool", and institutionally curbing the impulse of enterprises to blindly expand and gallop around.

The "Regulations" stipulate that the lessee shall not be induced to use the housing lease loan, or the housing lease contract contains the relevant contents of the lease loan; Strictly control the "rental loan", and financial institutions will transfer the rental loan to the lessee's account with the recorded lease contract; The loan amount shall not be higher than the lease contract amount, the loan term shall not exceed the lease contract term, and the frequency of granting loans shall match the frequency of paying rent by the lessee. In fact, with the mine explosions in Haoyuan Hengye and Danke apartments, the "rental loan" has basically withdrawn from the Beijing market.

Hotspot 8

"Individual second landlord" is included in supervision

The "Regulations" include "individual second landlords" in supervision, stipulate that individuals who sublet houses in excess of the specified number shall go through the registration of the establishment of housing leasing enterprises, and clarify the punishment requirements for illegal acts, which provides a legal basis for solving this long-term market disruption. Business license, office address, employee information, service items, charging standards, complaint telephone number, etc. It should be truthfully publicized in the business premises and online service stations, and a housing condition statement should be prepared in advance to inform the lessee of relevant information. Employees should hold real-name cards, sign lease contracts for providing services, and indicate the information card number. Enterprises through the unified construction of the city's housing rental management service platform to complete the online signing of the lease contract, automatically submitted for registration.

Hotspot 9

Establish an online signing and filing mechanism for housing leasing.

The reporter of Beiqing Daily noticed that the "Regulations" stipulated that an online signing and filing mechanism for housing lease would be established-the lessor should register and file the housing lease within 30 days after signing the lease contract. At the same time, landlords and tenants are encouraged to complete the online signing of housing lease contracts through the housing lease management service platform, that is, online signing.

The implementation of online signing of housing lease contracts is to make full use of scientific and technological means to empower management services, develop and build a unified housing lease management service platform in the city, integrate the management information of "houses, people and enterprises" in various departments, realize information sharing among departments, and provide services such as housing information inspection, enterprise and employee information inquiry, and face recognition. , and gradually realize the online contract signing, filing and inquiry of lease parties. It is convenient for residents to apply for residence permits, settle points and withdraw provident funds. Through online signing, the registration of lease contract and lease registration can be merged to avoid "one thing and two runs" and "let information run more and let people run less errands".

Hu Qingfu introduced, "It is stipulated that online signing is not required for individual natural persons, but people are encouraged to sign contracts through the convenience service network, but online signing is required for housing leasing companies and real estate brokerage companies. The online signing function of related systems is being further improved. "

Hotspot 10

Short rent housing is prohibited in the functional core area of the capital.

In recent years, with the rise of the Internet, short rent and other emerging formats have developed rapidly. Houses widely distributed in residential areas are rented out in the form of "short rent" and "online rental", which not only meets the short-term accommodation needs of travelers, but also seriously affects the normal living life of residents in residential areas, causing a lot of contradictions and disputes. The "Regulations" stipulate that Beijing will implement regional differentiated management of short rent housing that is charged by the day or by the hour, and it is forbidden to operate short rent housing in the functional core area of the capital. Renting short rent housing in other urban areas shall conform to the relevant management norms of this Municipality and the management regulations of this community. If there is no management agreement or there is no relevant agreement in the management agreement, the unanimous consent of other owners in this building or the same bungalow yard shall be obtained. The lessor shall sign a security responsibility guarantee with the local police station.

In addition, the "Regulations" bring the homestead housing lease into the standardized management of the whole city and into the grass-roots governance system, clarify that the agricultural and rural departments are responsible for guiding the supervision and management of homestead housing lease, establish and improve the villagers' self-government mechanism, encourage rural collective economic organizations to cooperate with large-scale and specialized housing leasing enterprises, and uniformly manage and lease idle houses in homesteads.

Text/reporter Song Xia