(Issued by Shenzhen Bureau of Land Resources and Real Estate on June 5, 2008+10/October 8)
Chapter I General Principles
Article 1 In order to improve the housing security system in Shenzhen and standardize the management of public rental housing, these Measures are formulated in accordance with the Opinions of the Shenzhen Municipal People's Government on Further Promoting the Housing Security Work in Shenzhen (Shenfu [2007] No.262) and the relevant provisions of the national housing security, and combined with the actual situation of this Municipality.
Article 2 These Measures shall apply to the planning, planning, house expropriation, rent distribution, access, withdrawal, supervision and management of public rental housing in this Municipality.
Article 3 The term "public rental housing" as mentioned in these Measures refers to the affordable housing provided by the government mainly for low-income families with housing difficulties by limiting the area and rental price of Xing Tao with preferential policies and raising it according to reasonable standards.
Article 4 The management of public rental housing in this Municipality shall follow the principles of openness, fairness and justice, and be implemented in accordance with the requirements of unified planning, unified planning, unified raising standards, unified objects, unified contract mode, unified price standards, unified time arrangement and unified management.
Fifth city housing security management department is responsible for the planning, planning, housing collection, rent distribution, supervision and management of public rental housing in this city.
The municipal housing security management department shall, jointly with the municipal development and reform, public security, supervision, civil affairs, finance, labor and social security, construction, planning, population and family planning, statistics, land tax, industry and commerce (price), construction and municipal engineering, finance office, information office, People's Bank, banking regulatory bureau, securities regulatory bureau and insurance regulatory bureau and other relevant departments and units, earnestly perform the duties of public rental housing management.
The district housing security management department is responsible for the housing raising, qualification examination, rent distribution and management of public rental housing in this district.
Neighborhood offices or community workstations accept applications for public rental housing and conduct preliminary examination.
Chapter II Planning, Planning and Housing Raising of Public Rental Housing
Article 6 The municipal housing security management department shall, jointly with the municipal development and reform, finance, planning, construction and other departments, make it clear in the housing security planning of this Municipality that the public rental housing during the planning period shall be based on the national economic and social development planning, the overall land use planning and the overall urban planning, the housing construction plan and the housing security planning, and take into account the city's resource and environmental carrying capacity, industrial policy, population policy and talent policy, as well as the overall demand for public rental housing during the planning period.
Article 7 According to the city's housing security plan and the demand for public rental housing in that year, the city's housing security management department shall, jointly with the municipal development and reform, civil affairs, finance, planning, construction, industry and commerce (price) and district housing security management departments, draw up the annual housing raising, construction land, funding sources and annual rent distribution plan for public rental housing in this city, and implement it after being reported to the Municipal Housing Commission for approval.
Public * * * rental housing construction land should be given priority in the land supply plan, and incorporated into the annual land use plan and annual implementation plan of the housing security plan of our city, and listed separately when reporting the annual land use indicators to ensure supply.
Eighth public rental housing planning, should fully consider the requirements of low-income families with housing difficulties for transportation and other infrastructure conditions, and rationally arrange the location layout.
In the construction of public rental housing, we should actively promote the application of advanced, mature, applicable and safe new technologies, new processes, new materials and new equipment, promote the industrialization of housing with energy saving, land saving, water saving and material saving as the main goals, and improve the overall level of housing construction.
Ninth public rental housing funds mainly include:
(a) special funds allocated by the financial department;
(two) the city's annual net income of land transfer is not less than10%;
(3) Funds recovered from renting public rental housing and supporting facilities;
(4) Financial loans;
(five) through the reform of investment and financing methods into public rental housing to raise social funds;
(six) social donations for public rental housing to raise funds;
(seven) other funds approved by the municipal government can be included in the scope of use of public rental housing to raise funds.
Tenth government public rental housing rental income should be in accordance with the relevant provisions of the national budget expenditure and financial system, the implementation of two lines of revenue and expenditure management.
Eleventh public rental housing financing channels mainly include:
Public rental housing directly invested by the government;
(two) public rental housing invested by enterprises (including real estate development enterprises to participate in the construction, operation and transfer);
(three) public rental housing built in a certain proportion on some of the sold commercial residential land;
(four) supporting the construction of public rental housing in a certain proportion in the reconstruction and construction of housing in old cities and villages;
(five) the use of land to be built in line with the principle of planning adjustment to build public rental housing;
(six) in the construction and upgrading of various industrial parks, apartments and dormitories are concentrated;
(seven) houses that can be used for living confiscated by the government according to law;
(eight) housing purchased by the government that meets the standards for the use of public rental housing;
(nine) public rental housing rented by the government to the society;
(ten) public rental housing raised by other channels.
Article 12 In the case of supporting the construction of public rental housing on the land for the transfer of commercial housing, the total construction area, single construction area, number of units, proportion of units, construction standards, handover or repurchase after the completion of supporting construction shall be specified in the project transfer conditions, and agreed in the form of contract.
Thirteenth public rental housing construction shall be exempted from administrative fees and government funds.
Houses newly built, purchased or rebuilt by the government or units recognized by the government are used as public rental housing, and the public rental housing houses and funds donated by the society shall be implemented in accordance with the relevant tax policies stipulated by the state.
Fourteenth new public rental housing single set of construction area shall not exceed 50 square meters. There are single rooms, one bedroom, one living room and two bedrooms.
Non-newly built public rental housing should adhere to the principle of being small, applicable and meeting the basic housing needs.
Fifteenth new public rental housing in accordance with the "principle of economy and environmental protection" for a decoration, enjoy public rental housing families are not allowed to carry out the second decoration of housing and arbitrarily change the original function and internal structure.
Sixteenth public rental housing project acceptance and warranty, in accordance with the relevant provisions of the state and our city.
Chapter III Application and Distribution of Public Rental Housing
Seventeenth public rental housing applications to married families, single-parent families or single people as the basic application unit. Each applicant family should identify one family member as the applicant and other family members as the * * * applicants.
Eighteenth families applying for public rental housing shall meet the following conditions:
(1) Both the applicant and the * * * applicant have household registration in this city.
(two) the applicant and the respondent have a legal relationship of maintenance, support or upbringing, including the applicant and his spouse, children, parents, etc.
If the applicant is married, his spouse and minor children must be the same as the applicant. Residents who take refuge in their children to obtain household registration in this city can only be used as * * * applicants.
(three) the applicant and the applicant have no own housing and construction land. Self-owned housing includes housing (including quasi-cost housing, full-cost housing, social low-profit housing and full-cost low-profit housing), housing reform housing, affordable housing and other policy housing, fund-raising housing, resettlement housing, military housing, commercial housing, self-built private houses and so on.
(four) before the application, the per capita annual disposable income of the family was lower than the standard line of low income in this Municipality for two consecutive years.
(5) The total assets of a family shall not exceed a certain limit.
(six) the applicant and the respondent did not violate the national family planning policy.
(seven) other conditions stipulated by the municipal housing security management department.
Single persons who meet the conditions mentioned in the preceding paragraph and reach the prescribed age may apply for public rental housing.
Article 19 With the improvement of the level of housing security, the municipal housing security department may, according to the actual supply and demand situation, include families or singles who own houses but the per capita housing area is lower than the housing difficulty standard stipulated by the municipal government and meet the conditions specified in Items (1), (2), (4), (5), (6) and (7) of the first paragraph of Article 18 into the scope of public rental housing security.
Twentieth part or all of the family members are low-income families with housing difficulties who are not registered in Shenzhen. Depending on their living in Shenzhen, paying social insurance and paying taxes, they will be gradually incorporated into the public rental housing security system according to the number of years. The specific provisions shall be formulated separately by the municipal housing security management department and implemented after being approved by the Municipal Housing Commission.
Article 21 The standard line of low income, the limit of total family assets and the standard of housing difficulties shall be determined by the municipal housing security management department in conjunction with civil affairs, statistics and other relevant departments according to the social and economic development level of our city, commodity housing prices, per capita annual disposable income of families, living standards and other factors, and shall be adjusted in a timely manner. The qualification of low-income families shall be determined in accordance with the specific measures formulated by the municipal civil affairs department.
Twenty-second key entitled groups, moderate and severe disabled people (Grade I, II and III) and other special families or single people who have the conditions to apply for public rental housing will be given priority.
Twenty-third single people or two-person families can apply for public rental housing with one room or one living room, and families with three or more people can apply for public rental housing with two rooms and one living room.
Twenty-fourth public rental housing rent standards based on the principle of guaranteed profit, by the municipal housing security management department in accordance with a certain proportion of similar housing market guidance rent standards in the same region, timely adjustment, reported to the Municipal Housing Commission for approval and promulgation.
Twenty-fifth to apply for public rental housing, the applicant shall apply to the neighborhood offices or community workstations where the household registration is located, and truthfully submit the application materials in accordance with the provisions.
Street offices or community workstations shall review the application materials. If the application materials are complete and conform to the prescribed form, it shall be accepted.
Article 26 After accepting an application, a subdistrict office or community workstation shall conduct a preliminary examination of the application materials, and investigate the household registration, family population, income, assets, housing, land for building, etc. of the applicant family or single person through household surveys and neighborhood visits.
To apply to the community workstation, the community workstation shall submit the qualified application materials to its neighborhood office.
Twenty-seventh after the preliminary examination of the application materials, the street office shall publicize the relevant information of the applicant's family or single person, and report the application materials to the district housing security management department.
If there is any objection to the publicity, you can submit a written opinion to the street office, which will investigate and verify the objection and inform the applicant in writing.
Article 28 the district housing security management department is responsible for reviewing the applicants and their purchase and lease of policy-oriented housing in this district, and verifying the qualifications of low-income families and key entitled groups jointly with the district civil affairs department.
District housing security management department will verify the application materials and report them to the municipal housing security management department.
Article 29 The municipal housing security management department, with the assistance of the municipal public security, civil affairs, land and real estate, labor security, local tax, financial office, information office, people's bank, banking regulatory bureau, securities regulatory bureau, insurance regulatory bureau, etc., examines the household registration, family population, income, assets, housing, land for building, etc. of the applicant family or single person by collecting files for evidence and correspondence.
The municipal housing security management department may submit the audit work specified in the preceding paragraph to the district housing security management department for completion.
Thirtieth applicants for families or singles related information after the audit, the municipal housing security management department shall publicize it in the media, and the district housing security management department shall publicize it in the domicile of the applicants for families or singles and the community where they actually live.
If there is any objection to the publicity, you can put forward written opinions to the city (District) housing security management department, and the city (District) housing security management department will investigate and verify and inform the applicant in writing.
Thirty-first city (District) housing security management department according to the results of publicity, will meet the conditions of families or singles waiting for registration.
Article 32 If the household registration, family population, income, assets, housing, etc. of the applicant family or single person change during the waiting period, the applicant shall promptly inform the municipal (district) housing security management department.
City (District) housing security management department to deal with the change of registration audit, audited does not meet the application conditions of public rental housing, by the city (District) housing security management department to cancel its waiting qualification, and notify the applicant in writing.
The district housing security management department shall report to the municipal housing security management department for the record if it changes its registration or makes a decision to cancel the waiting qualification.
Thirty-third city housing security management departments to co-ordinate arrangements for public rental housing with rent.
City (District) housing security management department according to the city's current distribution plan, will apply for families or singles into different groups, queues, through scoring or lottery, determine the shortlisted families or singles and their housing selection order, and review the application conditions of shortlisted families or singles. Those who pass the examination will be arranged to choose a house; If it fails to pass the examination, it shall notify the applicant in writing.
Thirty-fourth short-listed families or singles should sign a lease contract for public rental housing with the municipal (district) housing security management department or real estate development enterprise according to the ownership of public rental housing after selecting houses in the order of selecting houses, and go through the check-in procedures.
Signing a lease contract for public rental housing for the first time with a lease term of two years.
Thirty-fifth public rental housing lease contract shall contain the following contents:
(a) the location, orientation, area, structure, ancillary facilities and equipment of the house;
(2) Rent and its payment method;
(three) the purpose and use requirements of the house;
(4) Term of lease;
(5) Responsibility for house maintenance;
(six) to stop the security of public rental housing;
(seven) the liability for breach of contract and dispute resolution;
(8) Other agreements.
Thirty-sixth with the city (District) housing security management department signed a lease contract, the lessee can apply to the city (District) housing security management department for renewal within 3 months before the expiration of the contract period.
If a lease contract is signed with a real estate development enterprise, the house management and renewal during the lease period shall be implemented in accordance with the lease contract or legal provisions.
Thirty-seventh in addition to force majeure, has been shortlisted for public rental housing families or singles in one of the following circumstances, as a waiver of the finalists, this year may not apply again:
(a) did not participate in the housing selection at the time and place specified by the housing security management department;
(two) to participate in the selection of housing but refused to choose housing;
(three) the house has been selected but refused to sign the lease contract within the specified time;
(4) Abandoning the lease after signing the lease contract;
(5) Other circumstances in which the finalist qualification is waived.
Article 38 During the lease period, the lessee who enjoys the security of public rental housing shall use the public rental housing in accordance with the lease contract or legal provisions, and shall promptly inform the municipal (district) housing security management department of any change in household registration, family population, income, assets and housing.
City (District) housing security management department in the lease period, should bear the corresponding responsibilities according to the lease contract or legal provisions.
Thirty-ninth public rental housing specific allocation scheme proposed by the municipal housing security management department, announced after the approval of the Municipal Housing Authority.
Chapter IV Management Mechanism of Public Rental Housing
Article 40 The district housing security management department shall summarize the signed lease contract, repair management and other data, regularly report to the municipal housing security management department for the record, and establish a statistical report system for public rental housing, and submit statistical data to the municipal housing security management department every quarter, which shall be true, accurate and complete.
Article 41 The municipal and district housing security management departments shall establish and improve the archives management system of public rental housing, improve the collection, management, storage and utilization of paper archives and electronic archives, ensure the completeness and accuracy of archives, and timely change the housing archives according to the changes of the applicants' enjoyment of housing security, so as to realize the dynamic management of public rental housing archives.
Forty-second city and district housing security management departments should establish a public rental housing management information system and information release system, comprehensively, timely and accurately release the supply and demand information of public rental housing, and ensure the openness, transparency and efficiency of public rental housing management.
Article 43 If the lessee applies to the municipal (district) housing security management department for renewal of the lease before the expiration of the contract, it shall submit application materials such as household registration, family population, income, assets and housing.
City (District) housing security management department shall, within 30 working days, jointly with relevant departments, conduct a comprehensive verification of the application materials submitted by the lessee who applies for renewal. The district housing security management department shall report the verification results to the municipal housing security management department for the record.
The municipal (district) housing security management department shall make a decision on whether to approve the renewal of the contract within 10 working days from the date of verification. City (District) housing security management department to make a decision not to renew the contract, it shall notify the lessee in writing within 5 working days and explain the reasons.
City (District) housing security management department to adjust the rental area, it shall timely adjust and inform the lessee in writing.
Forty-fourth public rental housing maintenance, equipment maintenance, dangerous housing renovation and vacant property management and other related costs, according to the ownership of housing by the city (District) housing security management department or development enterprises responsible.
Forty-fifth city and district housing security management departments are responsible for the management, inspection and supervision of public rental housing raised by them, and perform the following duties:
(a) business training, inspection, supervision and assessment of public rental housing management;
(two) to register and manage the check-in and check-out of the rented family;
(three) to supervise and inspect the use of public rental housing, and record the situation in a timely manner;
(four) check the changes in the lessee's household registration, family population, income, assets and housing;
(5) Other duties.
Forty-sixth lease contract expires without applying for renewal or application for renewal is not approved, the lessee shall withdraw from the public rental housing before the expiration of the contract.
Article 47 If an applicant disagrees with the results of examination, waiting and allocation of public rental housing applications, he may appeal to the corresponding housing security management department.
Chapter V Legal Liability
Article 48 In the process of applying for public rental housing, if the applicant or * * * and the applicant cheat public rental housing by cheating, concealing the declared household registration, family population, income, assets, housing and other means, or forging relevant certificates, after investigation and verification, the housing security management department will disqualify the applicant, give a warning and record his bad personal integrity.
Forty-ninth units that issue false certificates shall be submitted by the housing security management department to the relevant departments to investigate the responsibility of the relevant responsible persons; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Fiftieth public rental housing tenant has one of the following acts, by the city (District) housing security management department and the lessee to terminate the lease contract, to recover its public rental housing:
(1) Falsely reporting or concealing the household registration, family population, income, assets and housing situation, or forging relevant certificates to obtain public rental housing;
(two) does not meet the conditions of public rental housing;
(three) public rental housing that should be recovered according to the provisions of the lease contract or the law.
If there is any act mentioned in Item (1) of the preceding paragraph, the municipal (district) housing security management department shall order it to pay the rent according to the guidance of the housing market of similar housing commodities in the same region, and record it in the bad personal credit record, and shall not apply for housing security within 5 years.
Fifty-first should withdraw from public rental housing but temporarily unable to withdraw, approved by the municipal (district) housing security management department, can be given a transition period of three months, the transition period from the date of termination of the lease contract.
Article 52 If the lessee fails to withdraw from the leased house after the expiration of the transition period, the rent for his extended residence shall be charged according to the market rent of similar houses in the same area and recorded in his personal bad credit record. The lessee shall not apply for housing security during the extended residence period and within 5 years after returning from the extended residence.
If the lessee refuses to withdraw from the public rental housing, the housing security management department may apply to the people's court for compulsory relocation according to law.
Article 53 Any staff member of the housing security management department or other relevant administrative departments who, in violation of the provisions of these measures, seriously neglects his duty, abuses his power, engages in malpractices for selfish ends, extorts bribes or infringes upon the legitimate rights and interests of the applicants and lessees of public rental housing shall be punished; Anyone suspected of committing a crime shall be transferred to judicial organs for handling according to law.
Chapter VI Supplementary Provisions
Fifty-fourth in public rental housing, an appropriate proportion of housing can be arranged as talent apartments or revolving houses to meet the housing needs of junior and intermediate talents and newly recruited personnel in administrative institutions introduced from home and abroad, and corresponding rent standards can be formulated.
Fifty-fifth approach by the municipal housing security management department is responsible for the interpretation of.
Article 56 These Measures shall come into force as of the date of promulgation and shall be valid for 5 years.