The afternoon of the 17th, the Beijing Municipal Commission of Housing and Construction, the Municipal Development and Reform Commission and other departments jointly issued a "notice on accelerating the development and standardization of the management of the city's housing rental market" draft for comment, once again introduced a new policy on renting housing, the provisions of renting public rental housing can be settled.
The new policy includes the following:
1. Eligible homeless families of Beijing nationality who rent housing can enjoy compulsory education for their children in the district where the rental housing is located!
2. Non-Beijing families, according to the information registered and filed on the housing rental supervision platform, and Beijing's specific regulations on the acceptance of compulsory education for children of non-Beijing personnel, can go through the procedures of accepting compulsory education for their school-age children in the district where the rented housing is located!
3. Rent is not allowed to be raised at will during the term of the rental contract.
4. Rent is best collected on a monthly basis.
5. The landlord should return the deposit within 3 working days after the termination of the contract.
6. During the rental period, the tenant shall not be evicted by violence, threat or other coercive means, and shall not be allowed to enter the rented housing without the tenant's consent.
7. If the landlord sells the housing during the lease period, the tenant shall have the right of first refusal.
8. If the landlord sells or inherits the housing during the lease period, it does not affect the validity of the lease contract.
9. Crackdown on second-hand landlords. Tenants are not allowed to sublet or share the lease without authorization.
The following is the full text of the opinion draft:
"On accelerating the development and standardize the management of the city's housing rental market notice? (Draft)
In order to accelerate the development of the city's housing rental market, standardize the management of housing leasing, promote the establishment of a housing system that integrates purchase and rental, and promote the stable and healthy development of the real estate market, according to the "Several Opinions of the State Council General Office on Accelerating the Cultivation and Development of the Housing Rental Market" (State Council [2016] No. 39), "On Accelerating the Development of the Housing Rental Market in Large and Medium-sized Cities with Net Influx of Population Notice on the Rental Market (Jianfang [2017] No. 153), and Several Provisions on the Management of Beijing Municipal Housing Leasing (Municipal Government Decree No. 231), etc., are hereby notified as follows:
I. Strengthening the management services of housing leasing, and increasing the supply of leased housing
(I) Further improving the management service system of housing leasing
The municipal and district departments of housing and urban-rural construction Shall establish and improve the housing rental management organization, strengthen the supervision and management of the housing rental market and services. Establishment of housing leasing public interest lawyers team, for housing leasing parties to provide legal aid services, safeguard their legitimate rights and interests.
City, district development and reform, education, public security, planning and land, health and health, industry and commerce and other relevant departments in accordance with the division of responsibilities, to do a good job in the supervision and management of housing leasing and public **** services.
The people's governments of the districts should strengthen the leadership of the supervision and management of the housing rental market, and strengthen the construction of community and village grass-roots management service stations. Grass-roots management service stations should do a good job in the daily inspection of rental housing, and find violations of the law promptly reported to the relevant departments.
(2) Increase the supply of rental housing through multiple channels
The people's governments of each district should strengthen the security of land for rental housing in accordance with the actual situation of each district, and increase the supply of rental housing through the construction of rental housing on industrial parks and collective construction sites according to the plan. Newly built rental housing should be equipped with educational facilities, residential population of a certain size, no health care institutions within 15 minutes walking distance, should be set up according to standards and planning. Newly built rental housing priority for industrial parks, surrounding employment for rent, to promote the balance of employment and housing.
Encourage the development of large-scale and professional housing rental enterprises, support housing rental enterprises to raise housing through multiple channels such as leasing, purchase, etc., and support individuals and units to entrust housing to housing rental enterprises for long-term operation to meet the demand for multi-level housing rental.
(3) Increasing Financial Support for Housing Leasing
Encouraging banking financial institutions such as development finance to increase credit support for rental housing projects on the premise of risk-controllable and commercially sustainable, and to provide long-term loans and financial solutions to housing leasing enterprises in line with their operating characteristics, such as repayment of capital in installments, by reasonably measuring the cash flow of future leasing income. Through policy measures such as refinancing and rediscounting, financial institutions are guided and supported to innovate financial products and services for housing rental projects. Encourage housing leasing enterprises and financial institutions to use interest rate derivatives to hedge interest rate risks.
Continuing to promote the pilot work of public **** rental housing development loans, and moderately increasing the number of pilot participating banks. Take the initiative to recommend housing leasing enterprises or projects to the China Association of Inter-bank Market Dealers, and support their issuance of corporate bonds, corporate bonds, non-financial corporate debt financing instruments and other corporate credit bonds and asset-backed securities, to broaden direct financing channels. It will study and formulate preferential policies to encourage the development of real estate investment trusts (REITs), coordinate and guide financial institutions to actively participate in them, and support housing leasing enterprises to utilize REIT financing.
Two, the establishment of housing rental supervision platform, provide convenient public **** service
Municipal housing and urban-rural construction departments, in conjunction with the relevant departments in accordance with the principle of openness, **** enjoyment, the organization of the establishment of housing rental supervision platform. The housing leasing supervision platform provides background data support for the network trading platform by linking it to the network trading platform, which provides external services such as housing leasing information release, online signing of housing leasing contracts, application for housing leasing registration and filing, supervision of transaction funds, credit information query of the market entities, and credit evaluation for the leasing parties.
The network trading platform should meet the requirements of the housing leasing supervision platform, and its operating body can be a real estate brokerage agency, housing leasing enterprises, industry organizations, commercial website operators and so on. The specific requirements shall be formulated by the municipal housing and urban-rural construction department.
Having applied for housing lease registration, the tenant shall no longer submit paper certificates of his/her legal and stable residence in Beijing when he/she applies for public ****services matters in accordance with the law.
1. If the lessee meets the conditions for monetized subsidies for public **** rental housing, he can apply for rental subsidies according to the information registered on the housing rental supervision platform.
2. If the lessee is a homeless family of the city's household registration, and meets the conditions of continuous separate tenancy and actual residence in the same district for more than three years and registration in the housing rental supervision platform, and if one of the spouses has been in lawful and stable employment in the district for more than three years, his/her children of the appropriate age can receive compulsory education in the district.
Tenants who are non-city households may apply for compulsory education for their children of school age in the district where the rented housing is located according to the information registered on the housing rental supervision platform and the specific provisions of Beijing Municipality on the acceptance of compulsory education for children of non-Beijing nationals.
The specific measures shall be formulated by the people's governments of each district in light of the actual situation.
3. Lessees who are domiciled in the city and are renting public **** rental housing and directly managed public housing can apply for registration and relocation of their household registration according to the information registered on the housing rental supervision platform.
Tenants who are non-city householders may apply for a residence registration card or apply for a residence permit in accordance with the information registered and filed on the housing leasing supervision platform in accordance with the law.
4. Housing lease market players can evaluate other relevant parties through the online trading platform, and the evaluation information will be recorded and disclosed on the housing lease supervision platform.
5. Relevant departments can provide market players with differentiated services, increase service content and expand service scope, and implement joint incentives for trustworthiness and joint punishments for breach of trust based on the evaluation information and verification results of the market players recorded and accumulated on the housing leasing supervision platform.
Three, clear behavioral norms for housing leasing, and safeguard the legitimate rights and interests of the parties concerned
1. The building structure and equipment and facilities comply with the safety conditions in terms of building safety, fire safety and other aspects, and meet the basic functions of use;
2. The original planning and design of the rooms for living space as the smallest rental unit, and shall not change the internal layout of the house divided for rent;
3. Kitchens, bathrooms, balconies, storerooms and other uninhabitable spaces shall not be rented out for residential purposes;
4. The per capita living area shall not be lower than the standards set by the city.
The lessor shall bear the responsibility for the maintenance of the facilities and equipment of the rented housing, and if the facilities and equipment of the rented housing are damaged in a way that affects the normal use of the facilities and equipment, the lessor shall make timely repairs, except in cases where the parties have agreed otherwise or where the lessee's improper use of the facilities and equipment has resulted in such damage.
1. The parties to the housing lease shall sign a written lease contract, which shall include the basic information of the parties concerned, the basic situation of the housing, rent, rental period, the use of the lease, the liability for breach of contract, and so on.
2. Encourage the parties to use the model housing lease contract. Model housing lease contract by the municipal housing and urban-rural construction department in conjunction with the municipal industry and commerce department.
3. Encourage the parties to sign a long-term housing lease contract, the parties to sign a housing lease contract for more than three years and the actual fulfillment of the contract, you can get relevant policy support. Housing leasing enterprises to rent their own housing, in addition to the lessee's other requirements, the lease term shall not be less than three years.
1. Within 3 days after the conclusion of the housing lease contract, the parties shall apply for registration. Registration and filing information changes, should be timely for the change of the record.
2. Housing lease registration and filing to take online filing. Leasing parties can apply for housing lease registration filing through any network trading platform, but also by the district housing and urban-rural construction department service window, grass-roots management service station to provide online registration and filing services.
3. Housing lease registration and filing information should contain rental housing, the identity of the leasing party, the lease period, rent and other information. The leasing party is responsible for the authenticity, legality and validity of the information provided.
4. Network trading platform should be the authenticity of the housing lease registration filing application information, legitimacy, validity verification, verification through, truthfully pushed to the housing rental regulatory platform, housing rental regulatory platform to be registered for the record. Network trading platform can rely on the housing rental supervision platform for the parties to provide rental housing ownership information, party identity information and other verification services.
5. Grass-roots management service stations should regularly carry out spot checks on the actual living conditions of rented housing, and should make a note on the housing rental supervision platform if they find that the actual living conditions are inconsistent with the information in the housing rental registration and filing.
1. The leasing party shall agree on a reasonable rent according to the market rent level of the area where the leased housing is located, and the lessor shall not unilaterally raise the rent during the contract period. Municipal housing and urban-rural construction department shall establish housing rent release system, timely release of housing rental market actual transaction rent level and other information.
2. The lessor shall collect rent on a monthly basis. If the lessee requests to collect rent on a quarterly or annual basis, the lessor may collect rent on a quarterly or annual basis.
3. If the lessor collects a deposit, he shall agree in the contract on the amount of the deposit, the way of management or escrow, and the time of refund. Unless otherwise agreed in the contract, the lessor shall return the deposit to the lessee within 3 working days from the termination date of the contract. If the lessor disputes the return of the deposit, he shall bear the burden of proof.
(E) Guaranteeing the lessee's lawful and stable residence
1. The lessor shall not use violence, threat or other coercive means to evict the lessee during the lease period, and shall not enter the leased housing without the consent of the lessee.
2. If the lessor sells the leased housing during the lease period, he shall notify the lessee three months in advance and shall not affect the normal use of the lessee. The lessee shall have the right of first refusal under the same conditions.
3. If the ownership of the leased housing changes during the lease period due to sale, inheritance, gift, etc., it does not affect the validity of the lease contract.
4. The expiration of the lease period, the lessor will not continue to rent housing, should be more than 1 month in advance to notify the lessee; continue to rent, under the same conditions, the original lessee has the right of first refusal. The original lessee has a major breach of contract, except.
1. The lessee shall comply with the relevant management regulations and shall not harm the interests of the public **** and the legitimate rights and interests of neighboring relations. The corresponding responsibility due to the tenant's improper use behavior shall be borne by the tenant.
2. The lessee shall not sublet or share the lease without authorization, except for those who have expressly agreed in the contract that they can sublet or share the lease. The tenant according to the contract agreed to sublet, joint rent, should be in accordance with the provisions of the housing lease registration record. The sub-tenant shall not sublet again.
If the leasing party violates the provisions of this notice, the housing lease supervision platform shall be recorded and disclosed, and the relevant departments shall be dealt with in accordance with the law.
Four, strengthen the supervision of market players, enhance the level of housing leasing services
(a) standardize the behavior of real estate brokerage services
1. real estate brokerage agencies practitioners should be real-name services. Real estate brokerage agencies to provide leasing brokerage services for the parties, should verify the identity documents of the parties, proof of ownership of leased housing, on-site inspection of housing and the preparation of housing conditions, informing the parties of the relevant matters, and sign a real estate brokerage services contract.
Housing condition statement and real estate brokerage service contract should be signed by real estate brokerage professionals.
2. Real estate brokers shall not provide rental brokerage services for housing that is not eligible for rental.
3. Real estate brokerage agencies should be based on the provision of housing rental brokerage services and service standards and other reasonable charges. Before charging, shall issue a list of charges to the parties, setting out the charges, the standard of charges, the amount of charges, as well as other matters relating to the charges, the list of charges by the parties to sign to confirm. Real estate brokerage institutions shall not charge any unspecified fees. Real estate brokerage agencies in violation of the provisions of this paragraph, the competent price department shall be punished according to law.
4. Real estate brokerage agencies shall assist the parties to the housing lease for the housing lease registration record.
(2) promote the standardized development of housing rental enterprises
1. housing rental enterprise business license business scope should include "housing rental business", and from the date of establishment of the agency and practitioners within 30 days of the basic situation and other information submitted to the district housing and urban-rural construction department for the record; information changes, should be from the date of occurrence of 5 days. Changes should be made within 5 days from the date of occurrence of the corresponding changes for the record.
2. Housing leasing enterprises shall assume the responsibility of the lessor, establish a perfect housing lease management process, service standards, etc., to ensure that the leased housing meets the rental conditions and is suitable for living.
3. Before signing a housing lease contract, a housing leasing enterprise shall check the identity documents of the lessee and record the relevant information truthfully.
4. Housing rental enterprises and public **** rental housing and collective construction land rental housing business entities, should be in the housing lease contract signed within 3 days of the date of housing lease registration. Lease contract information changes, should be timely for lease registration and filing changes.
Network trading platforms, real estate brokers, housing leasing enterprises should have access to the relevant information of the parties to the lease is responsible for confidentiality, shall not violate the requirements of laws and regulations and the agreement to use the relevant information.
Housing urban and rural construction departments should work with the relevant departments to strengthen the dynamic verification of the network trading platform, found that the network trading platform does not meet the relevant conditions, there are violations of law and regulations in the process of housing leasing services, the municipal housing urban and rural construction departments can be terminated in accordance with the provisions of the housing leasing regulatory platform system links; suspected of committing a crime, transferred to the public security department to be held criminally liable in accordance with the law.
Fifth, in the city's state-owned land in accordance with the law to build housing, as well as in the collective construction of land in line with the urban and rural planning and construction of rental housing leasing, in accordance with the implementation of this notice. Public **** rental housing, the lease of public housing under direct control, there are special provisions, from its provisions.