Real life public rental housing is for people who do not belong to the low-income group but have housing difficulties, to provide housing assistance. And with the continuous progress of society, the policy of public rental housing is also improving. What is the policy of the relevant legal provisions of public rental housing, the following I have organized the relevant content for you to answer.
A policy of the relevant legal provisions of public rental housing
Chapter I General Provisions Article 1 In order to strengthen the management of public **** rental housing, to ensure the fair distribution, standardize the operation and use, and improve the exit mechanism, the development of these measures. Article 2 The allocation, operation, use, withdrawal and management of public **** rental housing, the application of these measures. Article 3 The public **** rental housing referred to in these measures, refers to the limited construction standards and rent levels, for the lower middle-income families in urban areas who meet the prescribed conditions of housing difficulties, new employment without a home workers and foreign workers in the town of stable employment rental security housing. Public **** rental housing through new construction, reconstruction, acquisition, long-term lease and other ways to mobilize, can be invested by the government, but also by the government to provide policy support, social forces to invest. Public **** rental housing can be a complete set of housing, or dormitory-type housing. Article 4 of the State Council housing and urban-rural construction authorities are responsible for the guidance and supervision of the national public **** rental housing. The departments in charge of housing and urban-rural construction (housing security) of local people's governments at or above the county level are responsible for the management of public **** rental housing in their administrative areas. Article 5 municipalities directly under the Central Government and the people's governments at the municipal and county levels, the housing security departments shall strengthen the construction of public **** rental housing management information system, the establishment and improvement of public **** rental housing management files. Article 6 Any organization or individual has the right to report and complain about violations of these measures. Housing and urban-rural construction (housing security) authorities receive reports, complaints, shall be promptly verified and processed in accordance with the law. Chapter II Application and Review Article 7 of the application for public **** rental housing, should meet the following conditions: (a) no housing in the local area or housing area is lower than the required standard; (b) income, property is lower than the required standard; (c) the applicant is a migrant worker, the stable employment in the local area to reach the required number of years. The specific conditions are determined by the municipalities directly under the Central Government and the people's governments at the municipal and county levels in charge of housing security in accordance with the actual situation in the region, and reported to the people's government at the level of the approval of the implementation of the people's government and publicized to the community. Article 8 The applicant shall submit application materials in accordance with the provisions of the housing security authorities of the people's governments at the municipal and county levels, and shall be responsible for the authenticity of the application materials. The applicant shall agree in writing to the verification of his declared information by the housing security authorities of the people's governments at the municipal and county levels. If the application materials submitted by the applicant are complete, the housing security department of the people's government at the municipal and county levels shall accept the application and issue a written voucher to the applicant; if the application materials are incomplete, the applicant shall be notified in writing of the need to make corrections. In the development zones and parks in the centralized construction for the employer unit or park employment with rent of public **** rental housing, the employer unit can apply on behalf of the unit employees. Article 9 of the municipal and county people's government housing security department shall, in conjunction with the relevant departments, the applicant to submit the application materials for review. After the audit, the applicant meets the application conditions, shall be publicized, after the public notice of no objection or objection is not established, registered as a public **** rental housing waiting list, and open to the public; do not meet the application conditions of the applicant, shall be notified in writing and explain the reasons. The applicant has objections to the results of the review, can apply to the housing security department of the people's government at the municipal and county levels for a review. The housing security department of the people's government at the municipal and county levels shall conduct the review in conjunction with the relevant departments and inform the applicant of the review results in writing within 15 working days. Chapter III Waiting and Rent Allocation Article 10 of the applicant registered as a waiting object, shall be arranged for public **** rental housing during the waiting period. Municipalities directly under the Central Government and people's governments at the municipal and county levels, the housing security authorities shall, in accordance with the level of economic development in the region and the demand for public **** rental housing, reasonably determine the waiting period of public **** rental housing, and report to the people's government of the level of the approval of the implementation of the people's government and publicize it to the community. Waiting period generally does not exceed 5 years. Article 11 of the public **** rental housing housing sources to determine, the municipal and county people's governments housing security departments shall formulate the allocation program and announced to the community. The rental allocation program should include the location of the housing stock, the number, type, area, rent standards, the scope of the supply object, the intention to register the time limit and so on. Enterprises and institutions invested in public **** the scope of the supply of rental housing, can be provided for the unit's employees. Article 12 after the announcement of the allocation program, the waiting list can be in accordance with the allocation program, to the people's governments at the municipal and county levels, the housing security department for registration of intent. The housing security department of the people's government at the municipal and county levels shall, in conjunction with the relevant departments, review the waiting list for registration of intent within 15 working days. Those who do not meet the conditions shall be notified in writing with reasons. Article 13 of the review of the waiting list, the municipal and county-level people's governments, housing security departments can take a comprehensive scoring, random shaking and other ways to determine the allocation of the object and the allocation of the order of rent. Comprehensive scoring methods, shaking mode and scoring, shaking process and results shall be open to the public. Article 14 shall be publicized after determining the allocation of rent objects and allocation of rent ranking. Publication of no objection or objection is not established, the allocation of objects in accordance with the allocation of rent ranking selection of public **** rental housing. The results of the allocation shall be open to the public. Article 15 of the review through the waiting list of the object of enjoying the state regular pension subsidies for the privileged, orphans, the elderly, sick and disabled, etc., can be prioritized for public **** rental housing. The scope of priority objects and priority arrangements by the municipality directly under the Central Government and the people's governments at the city and county level housing security departments in accordance with the actual situation in the region to determine, reported to the people's government at the level of the approval of the implementation of the people's government and announced to the community. Public **** rental housing invested by social forces and applied for by employers on behalf of their own employees can only be allocated to applicants who have been audited and registered as waiting objects. Article 16 of the allotment object selection of public **** rental housing, public **** rental housing owner or its commissioned operating units and the allotment object shall sign a written lease contract. Before the signing of the lease contract, the owner or its commissioned operating unit should be the lease contract involving the tenant's responsibility for the content of the provisions and should be returned to the circumstances of the public **** leased housing to the tenant a clear explanation. Article 17 of the public **** rental housing lease contract shall generally include the following: (a) the name or names of the parties to the contract; (b) the location, purpose, area, structure, indoor facilities and equipment, and the use of the housing requirements; (c) the term of the lease, the amount of rent and the mode of payment; (d) the responsibility for housing maintenance; (e) Property services, water, electricity, gas, heating and other related fees payment responsibility; (F) return of public **** rental housing situations; (G) default liability and dispute resolution; (H) other matters that should be agreed. Provinces, autonomous regions, municipalities directly under the Central People's Government of housing and urban-rural construction (housing security) departments shall develop a model contract for the lease of public **** rental housing. After the signing of the contract, the public **** rental housing owner or its commissioned operating unit shall, within 30 days of the contract will be reported to the people's government of the municipal and county levels, the housing security department for the record. Article 18 of the public **** rental housing lease term is generally not more than 5 years. Article 19 of the municipal and county people's government housing security department shall, in conjunction with the relevant departments, in accordance with the principle of slightly lower than the level of market rent for housing in the same area, to determine the rent standard for public **** rental housing in the region, reported to the people's government of the people's government of their own level for approval and implementation. The public **** rental housing rent standards shall be announced to the community and adjusted periodically. Article 20 The amount of rent agreed in the lease contract for public **** rental housing shall be determined in accordance with the rent standards for public **** rental housing approved by the people's governments at the municipal and county levels. Article 21 The tenant shall pay rent on time according to the contract. Lessees whose incomes are lower than the local standard, can apply for rental subsidies or reductions in accordance with relevant regulations. Article 22 of the government investment in public **** rental housing rental income in accordance with the relevant provisions of the government's non-tax revenue management into the treasury at the same level, the implementation of the two lines of management, specifically for the repayment of the principal and interest on the public **** rental housing loans and public **** rental housing, maintenance, management and so on. Article 23 for employment, children's schooling and other reasons need to switch public **** rental housing, by the public **** rental housing owner or its commissioned by the operating unit agreed, the tenant can be interchanged between the public **** rental housing rented. Chapter IV Use and Exit Article 24 The owner of the public **** rental housing and its commissioned operating unit shall be responsible for the repair and maintenance of the public **** rental housing and its supporting facilities to ensure the normal use of public **** rental housing. Government investment in public **** rental housing repair and maintenance costs are mainly through the public **** rental housing rental income and ancillary commercial service facilities rental income to resolve the shortfall by the fiscal budget arrangements; social forces to invest in the construction of public **** rental housing repair and maintenance costs borne by the owner and its commissioned by the operating unit. Article 25 of the public **** rental housing owners and their commissioned operating units shall not change the public **** rental housing security housing nature, use and its supporting facilities for planning purposes. Article 26 tenants shall not be unauthorized renovation of the rented public **** rental housing. Indeed need to renovate, shall obtain the consent of the owner of the public **** rental housing or its commissioned by the operating unit. Article 27 of the tenant of one of the following acts, shall be returned to the public **** rental housing: (a) sublease, sublet or unauthorized exchange of public **** rental housing; (2) change the use of the public **** rental housing leased; (3) destruction or unauthorized renovation of the public **** rental housing leased, and refused to restore the original state; (4) ) in the public * * * rental housing engaged in illegal activities; (e) without good reason for more than six consecutive months of idle public * * * rental housing. Lessees refuse to return the public **** rental housing, municipal and county people's government housing security department shall order it to return within a certain period of time; overdue return, municipal and county people's government housing security department may apply to the people's court according to law to enforce. Article 28 of the municipal and county people's government housing security department shall strengthen the public **** rental housing use of supervision and inspection. The owner of the public **** rental housing and its commissioned operating units should be used by the lessee of the public **** rental housing inspection, found in violation of the provisions of these measures shall be promptly dealt with in accordance with the law or report to the relevant departments. Article 29 of the tenant cumulative 6 months or more in arrears of rent, should be vacated by the tenant of the public **** rental housing; refused to vacate, the owner of the public **** rental housing or its commissioned by the operating unit can be filed with the People's Court, requiring the tenant to vacate the public **** rental housing. Article 30 of the expiration of the lease period needs to be renewed, the lessee should be in the lease expires 3 months before the municipal and county people's government housing security department to apply. The housing security department of the people's government at the municipal and county levels shall, in conjunction with the relevant departments, examine whether the applicant meets the conditions. If the applicant meets the conditions after the audit, the renewal of the lease shall be granted and the renewal contract shall be signed. Not in accordance with the provisions of the application for renewal of the tenant, the expiration of the lease should be vacated public **** rental housing; refused to vacate the tenant, the owner of the public **** rental housing or its commissioned by the operating unit, you can file a lawsuit to the people's court, requiring the tenant to vacate the public **** rental housing. Article 31 of the tenant of one of the following circumstances, shall vacate the public **** rental housing: (a) application for renewal of the lease but does not meet the conditions for renewal of the audit; (b) the lease period, through the purchase, gift, inheritance and other ways of obtaining other housing and no longer meet the conditions of the rent of the public **** rental housing; (c) during the lease period, the lease or the acquisition of other Guaranteed housing. Lessees have one of the circumstances specified in the preceding paragraph, the owner of the public **** rental housing or its commissioned by the operating unit shall arrange a reasonable relocation period, the relocation period rent in accordance with the contractual amount of rent. The relocation period does not vacate the public **** rental housing, the tenant does not have other housing, should be in accordance with the market price of rent; the tenant has other housing, the owner of the public **** rental housing or its commissioned by the operating unit can be filed with the People's Court, requiring the vacating of the public **** rental housing. Article 32 of the real estate brokerage agencies and their brokers shall not provide public **** rental housing rental, subletting, sale and other brokerage services. Chapter V Legal Responsibility Article 33 of the housing and urban-rural construction (housing security) departments and their staff in the management of public **** rental housing management does not perform the duties specified in these measures, or abuse of power, negligence, favoritism and malpractice, the directly responsible officers in charge of other directly responsible persons shall be given sanctions according to the law; constitutes a crime, shall be investigated for criminal responsibility.Article 34 of the Constitution of the People's Republic of China.
Article 34 of the public **** rental housing owners and their commissioned operating units in violation of these measures, one of the following acts, by the people's government of the municipal and county-level housing security departments ordered to make corrections within a period of time, and impose a fine of 30,000 yuan: (a) to the object of the ineligibility to rent public **** rental housing; (b) failure to perform public **** rental housing and its Supporting facilities repair and maintenance obligations; (C) change the public **** rental housing of the nature of the guaranteed housing, the use, as well as supporting facilities of the planned use. Public **** rental housing owned by the administrative organs, in accordance with Article 33 of these measures. Article 35 The applicant conceals the relevant information or provides false materials to apply for public **** rental housing, the housing security department of the people's government at the municipal and county levels will not accept, give a warning, and recorded in the public **** rental housing management file. By deception and other improper means, registered as a waiting list or rented public **** rental housing, by the municipal and county people's government housing security department of a fine of less than 1,000 yuan, recorded in the public **** rental housing management files; registered as a waiting list, cancel its registration; has been rented public **** rental housing, ordered to return the rented public **** rental housing by a limited period of time, and according to market price Payment of rent, the late return, can apply to the people's court according to law enforcement, the tenant from the date of return of public **** rental housing within five years from the date of public **** rental housing may not re-apply for public **** rental housing. Article 36 of the tenant has one of the following behaviors, by the municipal and county people's government housing security department ordered to pay back the rent from the date of the violation of the market price, recorded in the public **** rental housing management file, a fine of less than 1,000 yuan; there is an illegal income, the illegal income of less than three times, but not more than 30,000 yuan fine: (a) subletting, subletting, or unauthorized exchange of the public **** rental housing leased; (b) change the use of the public **** rental housing leased; (c) destruction or unauthorized renovation of the public **** rental housing leased, refusing to restore the original state; (d) in the public **** rental housing engaged in illegal activities; (e) without a justifiable reason for more than six consecutive months of idling public **** rental housing The. The behavior listed in the preceding paragraph, the tenant from the date of return to the public **** rental housing, five years may not re-apply for public **** rental housing; causing losses, bear the responsibility for compensation according to law. Article 37 of the violation of Article 32 of these measures, in accordance with the "Measures for the Administration of Real Estate Brokerage" Article 37, by the local people's government at or above the county level of housing and urban-rural construction (real estate) departments ordered to make corrections within a certain period of time, recorded in the credit file of real estate brokers; real estate brokers, a fine of less than 10,000 yuan; real estate brokers, cancel the qualification of the online signing of the penalty of 30,000 yuan. fine.Second, the application conditions of public rental housing
According to the "public **** rental housing management measures" Article 7 to apply for public **** rental housing, the following conditions should be met: 1, no housing in the local housing or housing area is lower than the required standard; 2, the income and property is lower than the required standard; 3, the applicant is the If the applicant is a migrant worker, he or she has been steadily employed in the local community for a specified number of years. Specific conditions by the municipality directly under the Central Government and the people's governments at the city and county level housing security departments in accordance with the actual situation in the region to determine the approval of the people's government at the level of implementation and announced to the community. Article 8 The applicant shall submit application materials in accordance with the provisions of the housing security departments of the people's governments at the municipal and county levels, and shall be responsible for the authenticity of the application materials. The applicant shall agree in writing to the housing security authorities of the people's governments at the municipal and county levels to verify their declared information. If the application materials submitted by the applicant are complete, the housing security department of the people's government at the municipal or county level shall accept the application and issue a written voucher to the applicant; if the application materials are incomplete, the applicant shall be informed in writing at one time of the materials that need to be corrected. In development zones and parks in the centralized construction for employers or park employment with rent of public **** rental housing, the employer can apply on behalf of the unit employees. Combined with the above I organize the relevant content for you, we have a certain understanding of the relevant legal policy of public rental housing. And for the application of public rental housing according to the relevant provisions of the first to no housing or housing area below the prescribed standards, followed by income, property below the prescribed standards, and finally the provisions of the migrant workers.