Notice on the Issuance of Implementing Rules for the Management of Public *** Rental Housing
Pengshui Government Office [2014] No. 16
People's Government of all townships, all street offices, all departments of the county government, all enterprises and institutions:
The "Pengshui Autonomous County Public * ** Rental Housing Management Implementation Rules" was considered and adopted by the 29th executive meeting of the 16th People's Government of the county, and is hereby issued to you, please follow it seriously.
Hereby Notice
Pengshui Miao and Tujia Autonomous County People's Government Office
January 6, 2014
Pengshui Autonomous County Public *** Rental Housing Management Implementation Rules
Chapter 1 General Provisions
Article 1 In order to accelerate the integration of urban and rural development, improve the county's housing security system, and solve the difficult housing problems of urban housing Groups of housing problems, according to the "Chongqing Municipal People's Government on the solution of urban low-income families housing difficulties in the implementation of the views" (Yufufa [2007] No. 136), "Chongqing Municipal Interim Measures for the Management of Public *** rental housing" (Yufufa [2010] No. 61), "Chongqing Municipal Management of Public *** rental housing implementation rules" (Yu land housing management hair [2011] No. 9) and other documents. Combined with the actual situation of our county, the formulation of these rules.
Second Article The public **** rental housing referred to in these rules, refers to government investment and policy support, limited to the size of the set and preferential rental standards to eligible families to supply the security of housing.
Article 3 The county people's government is responsible for guiding and supervising the county's public **** rental housing security work, the county urban and rural construction commission is responsible for coordinating the planning, planning, and construction, the county housing security and housing acquisition center is responsible for the management of public **** rental housing in the region.
Article 4 The county land and housing authority is responsible for researching and formulating the county's public **** rental housing policy, and in conjunction and cooperation with the relevant departments to develop rent standards, housing sales prices; responsible for the public **** rental housing involved in the review of the application object, building a library, rent allocation, withdrawal and file management; responsible for the collection of rents, allocation of rental objects, public **** rental housing sale, repurchase supervision and management.
Article 5 The County Development and Reform Commission, the County Civil Affairs Bureau, the County Public Security Bureau, the County Supervision Bureau, the County Urban and Rural Construction Commission, the County Education Commission, the County Finance Bureau, the County Planning Bureau, the County Human Resources and Social Security Bureau, the County National Taxation Bureau, the County Local Taxation Bureau, and the township and township people's governments (street offices), the Park Management Committee and other units in accordance with their respective responsibilities for public **** rental housing security related work.
Chapter II Planning and Construction
Article 6 The public **** rental housing construction planning and annual housing construction plan by the county urban and rural construction committee, in conjunction with the county development and reform, finance, planning, land and other departments, in conjunction with the county's economic and social development conditions, urban and rural master planning, overall land use planning, industrial policy, population policy and the demand for public **** rental housing compiled, and reported to the county government Approved for implementation.
Article 7 The land for the construction of public **** rental housing shall be included in the annual construction land supply plan, and shall be listed separately when declaring the annual land use index.
(a) In the commercial property within the implementation of "mixed and matched construction" of public **** rental housing construction projects, the implementation of land supply.
(ii) Public **** rental housing projects built on a single lot by government-owned state-owned companies and government-commissioned construction owners shall be supplied by land allocation.
Article 8 The public **** rental housing shall be constructed by the agency designated by the county people's government, and the property rights of the housing shall be registered in the Pengshui Autonomous County Housing Security and Housing Acquisition Center.
Article 9 Public **** rental housing can be mobilized through a variety of channels such as new construction, repurchase, allotment, alteration and other sets of housing.
Chapter III Fund Management and Policy Support
Article 10 Source Channels of Funding for the Construction of Public **** Rental Housing:
(1) Special Funds Arranged by the Central Government;
(2) Funds Arranged in the Annual Budget of the County Finance Bureau;
(3) 5% of the Proceeds from the Land Sale;
(4) Issuance of Bonds and Loans from Banks, Non-Banking Financial Institutions and Public Provident Funds;
(5) The Government of the People's Republic of China; and financial institutions and provident fund loans;
(v) funds raised through financing.
Article 11 The principal and interest of the loans for the construction of public **** rental housing shall be repaid by the income from the rental and sale of public **** rental housing and by financial funds and so on.
Article 12 The funds for the construction of public **** rental housing, rental and sale income are managed in special accounts and earmarked for special purposes, mainly for the maintenance and management of public **** rental housing, and may not be diverted for other purposes.
Article 13 The land for public **** rental housing construction is supplied in the form of allocation; if it is granted in a compensated manner, the proceeds of land grant, taxes and fees within the purview of the local government, the full amount shall be arranged for the construction of public **** rental housing.
If the land used for the construction of public **** rental housing involves the acquisition of new land, the full amount of the locally retained portion of the compensated use fee of new construction land, the arable land reclamation fee and the arable land occupation tax shall be arranged to be used for the construction of public **** rental housing.
Article 14: The administrative fees and governmental funds involved in the construction of public **** rental housing, such as the urban construction support fee, the human defense construction fee for off-site resettlement, the centralized greening construction fee, and the comprehensive fee for the planning of construction projects, shall be arranged to be used in full for the construction of public **** rental housing.
Article 15 The relevant taxes and fees such as construction and safety business tax and surcharges, business tax and surcharges, property tax, land use tax, land value-added tax, deed tax, stamp duty and other relevant taxes and fees in the process of construction, lease and sale of public **** rental housing shall be arranged in full for the construction and management of public **** rental housing.
Chapter IV Application Objects and Application Methods
Article 16 Application Objects. The applicant shall be 18 years of age or older, have a stable job and source of income in the county, have the ability to pay rent, in line with the government's regulations of no housing, per capita housing construction area of less than 13 square meters per family housing families in difficulty, universities and colleges and vocational schools after graduation employment and into the city to work and out of the country to work in the county of the no housing, but the immediate family members in the county with the exception of the ability to finance the housing.
(1) Stable work means:
1. Persons who have signed a labor contract with the employer for more than one year and have paid social insurance premiums or housing provident fund for more than six consecutive months in the urban area;
2. Flexibly employed persons and self-employed persons who have paid social insurance premiums for more than six consecutive months in the county and have lived in the county for more than six months;
3. Persons who have retired in the county;
4. Staff members of state organs and institutions on the payroll.
The time limit for the payment of social insurance premiums and housing provident fund is calculated forward from the date of application.
(2) Income limits for applying for public **** rental housing: monthly income of a single person is no more than 1,800 yuan; monthly income of a family is no more than 2,800 yuan. The government will make regular adjustments based on changes in the level of economic development, per capita disposable income, price index and other factors, and announce them to the public.
Monthly income includes wages, salaries, bonuses, year-end raises, labor bonuses, allowances, subsidies, pensions, other labor income and property income. It does not include social insurance premiums such as basic pension insurance premiums, basic medical insurance premiums, unemployment insurance premiums, industrial injury insurance premiums, maternity insurance premiums and housing fund.
Special professionals introduced by the county government and families with housing difficulties of national, provincial and ministerial labor models working in urban areas, national heroes, and retired military personnel who have been awarded second-class merit or above are not subject to income limitations.
(3) No housing means: the applicant and *** with the applicant in the town without private property rights housing (private property rights housing, including the contract has been signed without obtaining the certificate of property rights), not renting public housing or low-cost housing, and not transferring housing in Pengshui County within three years before the date of application.
(d) housing difficulties families are: per capita housing floor area of less than 13 square meters. The calculation method is per capita housing floor area = housing floor area ÷ number of household members.
The floor area of housing is calculated according to the area recorded in the certificate of property rights; if there are many houses, the floor area of housing is calculated together; and the size of the family is calculated according to the population of the household.
(e) Housing financial support capacity means: the applicant's parents, children or parents of the applicant's spouse own more than 2 housing units in Pengshui County town, and the per capita housing floor area reaches 35 square meters or more.
Article 17 Mode of Application. Public **** rental housing can be applied for by families, single persons, and multiple persons sharing.
(1) If a family applies, it is necessary to identify one family member who meets the application requirements as the applicant, and his/her spouse and persons living in the same residence with legal alimony, fostering, and support relationships as the ****single applicant.
(2) If a single person applies, he/she is the applicant. Unmarried persons, divorced or widowed persons without children, workers who come to the city alone or staff from abroad who come to Peng alone can apply as single persons.
(C) more than one person to share the rent, co-tenants need to meet the application requirements, and the number of not more than three people, and determine one person as the applicant, others are *** with the applicant.
Chapter V Implementation Procedures
Article 18 Public **** rental housing in accordance with the following procedures.
(1) Application. The applicant shall apply to the township people's government (street office) where the household is located, and the foreigner shall apply to the township people's government (street office) where the temporary residence is located, and provide the following materials at the same time:
1. Completion of the application form for public **** rental housing;
2. Proof of identity.
Applicants with household registration in the county (including *** with the applicant) present the resident's identity card issued by the public security organs and the hukou book; applicants with non-county household registration (including *** with the applicant) present the resident's identity card issued by the public security organs and the residence permit.
3. Certificate of marital status.
Applicants (including *** with the applicant) are required to provide proof of marital status.
4. Proof of stable employment and a source of income.
(1) Those who have signed labor contracts in Peng enterprises or work in institutions.
The labor contract should be provided as well as proof of income, social insurance or housing fund contributions issued by the unit.
(2) Flexibly employed persons and self-employed businessmen.
Flexibly employed persons should provide proof of social insurance contributions and proof of employment income; self-employed businessmen should provide proof of social insurance contributions as well as business licenses and proof of tax payment.
(3) Retirees.
Social insurance agencies should provide proof of monthly pension benefits or proof of retirement issued by the original unit.
(4) State organs and institutions on staff.
Proof of employment, income and payment of social insurance or housing fund issued by the work unit should be provided. In case of renting in a joint tenancy, *** the same applicant who has a job shall provide proof of income in accordance with the above provisions; in case of not having a job, the proof shall be issued by the street office or township people's government of the place where the household registration is located.
5. Proof of housing situation.
Applicants with housing (including *** with the applicant) should provide a certificate of housing ownership; applicants without housing (including *** with the applicant) should provide a certificate of non-housing conditions.
6. Other materials to be provided.
(1) the introduction of special professionals by the county human resources and social security bureau issued by the introduction of talent certificate.
(2) Provincial and ministerial level or above model workers and models provide model workers and models certificate.
(3) The military personnel who have been awarded second-class merit or above will be provided with certificates of merit and awards.
(4) Families whose houses have been expropriated will provide compensation agreements for house expropriation.
The above materials shall be submitted as originals if they are certificates, or copies if they are documents, certificates, agreements or contracts, and the originals shall be submitted for verification.
(2) acceptance, preliminary examination. Applicants submit complete application materials, township people's government (street office) shall be accepted, and issued acceptance vouchers. At the same time should be accepted from the date of 20 working days to complete the material review, household surveys and organizational reviews and other preliminary examination.
After the audit does not meet the conditions, the applicant shall be notified face to face, and explain the reasons; after the audit meets the conditions, by the relevant township people's government (street office) in the "application form" signed by the initial review opinion and within 10 working days will be submitted to the county housing security and housing acquisition center application information.
(3) Review. The County Housing Security and Housing Acquisition Center will review the application materials that meet the requirements of the preliminary examination and provide its opinion on the review within 15 working days from the date of receipt of the application materials after the preliminary examination.
(iv) public announcement. After review, to meet the conditions for renting public **** rental housing, the county housing security and housing acquisition center will be the applicant (including *** with the applicant) of the basic situation in the designated public media for a period of 15 days of publicity. If there is no objection or the objection is not established after the public notice, the applicant will enter the applicant's waiting pool; if there is any objection to the object of the public notice, the County Housing Security and Housing Acquisition Center will accept the report of the real name and complete the verification within 10 working days. The review, the publicity period does not meet the prescribed conditions or objections to the investigation is true, the applicant shall be notified in writing and explain the reasons.
(E) waiting list. After the public announcement of no objection or objection is not established into the applicant waiting pool. Waiting period, the applicant's work, income, housing and family size and other changes in the situation, should take the initiative and timely to the county housing security and housing acquisition center to truthfully submit written materials, re-examination of information.
(F) Allocation of rent. The county housing security and housing acquisition center determines the applicants based on the housing supply of the county public rental housing in the current year. In the case of sufficient housing supply, are included in the allocation of rent; in the case of insufficient housing supply, the allocation of public rental housing according to the order of the waiting list. The type, number, location, application time period and other relevant information of the allocated housing units are announced on TV or in newspapers in due course, and the location and time of the lottery for the allocation of housing are also announced.
(vii) Signing of contract. The applicant who has been allocated a lease shall, within 30 days after receiving the notice of confirmation of allocation, bring his identity document and the notice of confirmation of allocation to the designated place to sign the Lease Contract for Public **** Rental Housing in Penshui Autonomous County (hereinafter referred to as the lease contract). Failure to sign the lease contract within the specified time shall be regarded as an automatic abandonment, and the current application for lease allocation shall be void, but the application can be reapplied for, and the application time shall be calculated according to the date of reapplication.
(viii) Announcement. County housing security and housing acquisition center shall through the press, television, network and other media timely publicize the applicant list that has been granted public *** rental housing security, accept social supervision.
Chapter VI Principles of Rent Allocation
Article 19 Principles of Rent Allocation. The county housing security and housing acquisition center shall announce in due course the house type, number, location, application time period and other relevant information of the allocated housing source, and allocate the rent by lottery according to the time period of application, the location of the public **** rental housing chosen and the corresponding house type area.
(a) The application time period refers to the time frame announced by the County Housing Security and Housing Acquisition Center.
(ii) Relative household size means that the public **** rental housing allocation area corresponds to the applicant's household size. If there are only two members of the family, father, daughter or mother and son, they may be allotted rent according to the allotted area for three persons.
(3) The lottery allocation is organized by the County Housing Security and Housing Acquisition Center, and in accordance with the classification method, the allocation is made by lottery, according to the location and household area chosen by the applicant.
Article 20: The process of lottery allocation shall be supervised by the county supervisory bureau, notary public, news media and representatives of the applicants; the results of the lottery shall be publicized through the designated public media, and the applicants shall be issued with a notice of confirmation of allocation if there is no objection. Applicants who fail to obtain the allocation can directly enter the next round of lottery allocation in the same location, or they can propose to change the application location and enter the next round of lottery allocation in the new application location, but at the same time, they are required to provide relevant materials.
Chapter VII Lease Management
Article 21 Contract Management.
(1) The minimum period for signing a lease contract shall be one year and the maximum period shall be five years.
(2) The lease contract shall specify the following contents:
1. the location, area, structure, appurtenances and status of equipment of the house;
2. the decoration;
3. the purpose of the house and the requirements for its use;
4. the term of the lease;
5. the rent and its payment;
6. the responsibility for the maintenance of the house;
7. the responsibility for the maintenance of the house;
8. the responsibility for the maintenance of the house;
9. the responsibility for the maintenance of the house. Maintenance responsibility;
7. Liability for breach of contract and dispute resolution;
8. Other agreements.
(3) On the date of signing the lease contract, the lessee shall pay a one-time performance deposit of 1000 yuan to ensure the normal fulfillment of the lease contract. Lease contract expiration or termination, no liability for breach of contract to return the principal amount of the security deposit. Default can be offset from the security deposit should bear the relevant costs.
(d) the death of the lessee during the lease term, *** with the applicant may continue to lease according to the original lease contract, but need to determine the new lessee, change the lease contract, the lease term is calculated on the basis of the remaining time of the original contract.
Article 22 Rent Management.
(1) Rental standards. Public **** rental housing rental standards by the county price department in conjunction with relevant departments to study and determine, in principle, does not exceed the same lot, the same quality, the same type of ordinary commercial housing market rent of 60%, at present, according to the different lots to determine 3-5 yuan per square meter per month. The rent is dynamically adjusted and announced to the public every 2 years.
(ii) rent collection. Public **** rental housing rent is calculated on the basis of floor area. Tenants pay rent on an annual basis, the date of payment for the first 20 days after the current year, delinquent from the date of overdue daily by five ten thousandths of the amount payable to pay liquidated damages.
(3) Rent management. Rental income in accordance with the provisions of the government's non-tax revenue management into the treasury at the same level, the implementation of the "two lines of income and expenditure" management. Rental income is specifically used to repay the public **** rental housing loan interest, public **** rental housing public **** facilities maintenance and management.
(d) Rent arrears. The tenant arrears of rent and other costs, can be agreed in accordance with the lease contract to inform their units, from their wages directly deducted from their income.
Article 23 Housing Management.
(1) Public *** rental housing can only be used for the tenant's self-occupation, and may not be lent or sublet, nor may it be used to engage in business activities or change the use of the housing.
(2) The tenant shall pay on time the expenses related to water, electricity, gas, communication, cable TV and property services incurred during the use of the housing.
(3) The tenant shall take care of and make reasonable use of the housing and ancillary facilities, and shall not renovate the housing. The tenant shall be responsible for the maintenance or compensation of any damage to the housing or appurtenant facilities caused by improper use or damage to the internal facilities of the housing which are easily damaged or consumed.
(d) in the public **** rental housing rental income to extract 50% for special maintenance, the shortfall by the financial inclusion in the budget. Public **** rental housing for sale in proportion to the floor area to share the maintenance and management costs incurred to ensure that *** use parts and facilities and equipment in good condition.
(e) In the case of multi-person joint tenancy, the applicant shall be responsible for signing the lease contract, paying the rent and other expenses. During the tenancy period, no additional *** co-inhabitants shall be allowed.
Article 24 Rent Exchange Provisions.
If the area or location of the housing needs to be changed due to a change in the number of tenants or a change in the place of work, the applicant may submit an application for exchange of rent to the County Center for Housing Security and Housing Acquisition and provide the relevant supporting materials.
(1) The area of the change of rent shall be in accordance with the stipulated standard for the area of the allotted rent.
(2) If the location is changed and the application for rent exchange is made, those who are qualified after examination and public announcement shall re-enter the applicant's waiting pool to take part in the lottery and allocation of rent; if the same location is applied for rent exchange area, those who are qualified after examination and public announcement shall enter the waiting pool for rent exchange, and the rent exchange will be made according to the situation of vacated housing units, the order of waiting for rent exchange, and the corresponding household type area in order.
(3) The rent exchange must be completed within the stipulated time, re-signing the lease contract, and vacating the originally leased housing in accordance with the regulations.
Chapter VIII Supervision, Withdrawal and Post-Management
Article 25 Supervision of Lease Allocation.
(1) The county housing security and housing acquisition center shall establish public **** rental housing files, detailing planning, planning, construction and use of housing, the application, review, waiting, allocation, allocation and sale of lessees and purchasers, as well as violations of the law and other relevant information.
(2) The tenant shall declare the housing and income to the county housing security and housing acquisition center every 2 years, and if the tenant fails to declare according to the regulations, the tenant shall be regarded as giving up the rental housing and the contract shall be terminated.
(3) The county housing security and housing acquisition center shall from time to time, together with the relevant departments and the township people's governments (street offices) to investigate and review the tenant's eligibility for renting, and the tenant shall cooperate. If the investigation fails to meet the conditions, the tenant shall be disqualified from renting.
The county housing security and housing acquisition center or its entrusted relevant units shall organize the tenant to fulfill the lease contract agreement to supervise and inspect the situation, the relevant units and individuals shall cooperate and truthfully provide information. In the supervision and inspection, the county housing security and housing acquisition center or the relevant unit entrusted by it shall have the right to take the following measures:
1. 2 or more staff members may enter the public **** rental housing to inspect the use of the housing with their work certificates and in the presence of at least 1 adult family member.
2. Violations of the law shall be stopped and ordered to be corrected.
Article 26 Exit Provisions.
(1) the expiration of the lease contract, the tenant shall withdraw from the public **** leased housing; need to renew the lease, should be 3 months before the expiration of the lease contract to submit an application, and after reviewing and meeting the conditions, to re-sign the lease contract, and the original tenant housing have priority.
(2) Tenants who have acquired housing in towns and cities through purchase, gift or inheritance, and who have reached the per capita housing floor space standards announced by the government, or who have exceeded the income standards set by the government during the leasing period, shall withdraw from the public **** rental housing.
(3) the tenant has one of the following behaviors, the termination of the lease contract, take back the rented public **** rental housing and counted in the personal credit file, its applicant and *** with the applicant shall not re-apply within five years:
1. Provide false documents and other deceptive ways to obtain the public **** rental housing;
2. will be rented by the public **** rental housing Subletting or lending;
3. Changing the structure or nature of use of the public **** rental housing;
4. The tenant without justifiable reasons for more than six consecutive months vacant;
5. Rent arrears of more than six months in arrears;
6. Engaging in illegal activities in the public **** rental housing.
(4) Exit management.
1. The tenant shall vacate the housing on the date of expiration or termination of the lease contract, and settle the housing rent, water, electricity, gas, property and other related expenses. If there is any damage or loss of the original housing and facilities, the lessee shall restore, repair and compensate.
2. The tenant in the expiration or termination of the lease contract, does not meet the rental conditions but temporarily unable to withdraw from the housing, can be given a three-month transition period. During the transitional period, rent is charged at 1.5 times the rent standard for public **** rental housing.
3. The tenant no longer meets the rental conditions, refuses to vacate the housing, the public **** rental housing rent standard of two times the rent, do not return the security deposit, in the appropriate scope of the announcement in addition, should also be ordered to the tenant to return by a certain date. Late return, apply to the people's court for enforcement.
Article 27 Post-management.
(1) Management mode.
1. The social management of the public **** rental housing community built centrally on a single site in towns and cities shall be the responsibility of the community management committee established under the guidance of the street office where the public **** rental housing is located. The social management of the public **** rental housing community built on a single site in the township may be entrusted to the township to be specifically responsible for.
In the commercial building "mixed with the construction" of public **** rental housing, its social management by the building's district management committee is responsible for its tenants balanced enjoyment of the community's commercial, education, transportation, property management and other public **** services. County housing security and housing collection center selected and hired professional property service company to undertake community property management. Property service fees are studied and approved by the municipal price department in conjunction with relevant departments. Property service fees are dynamically adjusted and announced to the public every 2 years.
2. Public **** rental housing rent collection by the county housing security and housing collection center.
(ii) Mode of supervision.
County housing security and housing collection center to set up a report phone, report mailbox, accept social supervision, the verification of the report is true in a timely manner to deal with.
Chapter IX Sale Management
Article 28 Lessees, in principle, after the expiration of five years of lease, may choose to apply for the purchase of residential public **** rental housing.
Article 29 of the public **** rental housing sale price to a comprehensive price as a benchmark, converted into a limited property rights housing specific price by the county price department in conjunction with the county housing security, county finance and other departments to study the determination of the regular announcement to the community.
Article 30 The purchase of public **** rental housing, you can choose to make a one-time payment or installment payment. After a one-time payment, no longer pay rent; installment payment, the unpaid area in accordance with the provisions of the rent.
Article 31 The purchased public **** rental housing can be inherited, mortgaged, and may not be rented, transferred, gifted and other market transactions. The mortgage value shall not exceed 70% of the original value of the housing purchase.
Article 32 If the purchaser acquires other housing in the town through purchase, gift, or inheritance, and if it reaches the standard of per capita housing floor area in the town as announced by the government, or if it needs to be transferred as well as mortgaged and disposed of for special reasons, it shall be repurchased by the government, and the price of the repurchase shall be the original sales price plus the demand interest on bank deposits for the same period.
Chapter X Legal Liability
Article 33 The lessee conceals or falsifies housing, income and other circumstances, fraudulently obtaining public **** leased housing, or subletting the public **** leased housing, the period of tenancy by public **** leased housing rental standards of three times the rent, and shall be held liable in accordance with the law.
Article 34 The units and individuals who issue false certificates shall be held accountable by the disciplinary and supervisory authorities in accordance with the law.
Article 35 The staff of the relevant administrative departments shall be held responsible in accordance with law and discipline for abuse of power, dereliction of duty, favoritism, solicitation and acceptance of bribes in the process of qualification examination and supervision and management.
Chapter XI Supplementary Provisions
Article 36 The specific implementation measures for the sale of public **** rental housing shall be formulated separately.
Article 37 The implementation rules for the management of targeted public **** rental housing built in industrial parks shall be formulated by the management committees of the industrial parks themselves.
Article 38 These Rules shall be interpreted by the County Land Resources and Housing Administration.
Article 39 These Rules shall come into force on the date of publication.