What is the rental policy in Beijing?

/kloc-On the afternoon of 0/7, the Beijing Municipal Commission of Housing and Urban-Rural Development, the Municipal Development and Reform Commission and other departments jointly issued the draft of the Notice on Accelerating the Development and Standardized Management of the Housing Rental Market in this Municipality, and released the new lease policy again, stipulating that public rental housing can be settled.

The New Deal includes the following aspects:

1. Eligible families without housing in Beijing can rent a house, and their children can enjoy compulsory education in the rented place!

2. Non-Beijing families can go through the formalities of compulsory education for school-age children at the location of the rental house according to the information registered on the housing rental supervision platform and Beijing's specific regulations on compulsory education for non-Beijing children!

3. Rent increase is not allowed at will during the lease contract period.

It is best to collect the rent on a monthly basis.

The owner shall refund the deposit within 3 working days after the termination of the contract.

6. During the lease period, the lessee shall not be expelled by violence, threat or other coercive means, and shall not enter the leased house without the consent of the lessee.

7. If the lessor sells the house during the lease period, the lessee has the preemptive right.

8. During the lease period, if the house is bought or sold, the validity of the lease contract will not be affected.

9. Hit the second landlord. Tenants are not allowed to sublet or share without authorization.

The following is the full text of the opinion draft:

Notice on accelerating the development and standardized management of the housing rental market in this Municipality? "(draft for comments)

In order to speed up the development of the housing rental market in this city, standardize the management of housing rental, promote the establishment of a housing system with both purchase and rent, and promote the stable and healthy development of the real estate market, according to the Opinions of the General Office of the State Council on Accelerating the Cultivation and Development of the Housing Rental Market (Guo Ban Fa [2016] No.39) and the Notice on Accelerating the Development of the Housing Rental Market in Large and Medium-sized Cities with Net Inflow of Population (Jian [2065438)

First, strengthen housing rental management services and increase the supply of rental housing.

(A) to further improve the housing rental management service system

City, district housing and urban construction departments should establish and improve the housing rental management institutions, strengthen the supervision and management of the housing rental market and services. Establish a team of public lawyers for housing leasing, provide legal aid services for housing leasing parties, and safeguard their legitimate rights and interests.

City, district development and reform, education, public security, land planning, health and family planning, industry and commerce and other relevant departments in accordance with the division of responsibilities, do a good job in the supervision and management of housing rental and public services.

The district people's governments shall strengthen their leadership in the supervision and management of the housing rental market and strengthen the construction of community and village grassroots management service stations. Grass-roots management service stations should do a good job in the daily inspection of rental houses and report illegal acts to relevant departments in a timely manner.

(2) Increase the supply of rental housing through multiple channels.

The people's governments of all districts shall, according to the actual situation of each district, strengthen the land security for rental housing, and increase the supply of rental housing by planning and building rental housing on industrial parks and collective construction land. Newly built rental houses should be equipped with educational facilities. If the resident population reaches a certain scale and there is no medical and health institution within a walking distance of 15 minutes, it should be set according to the standards and planning. New rental housing will give priority to industrial parks and surrounding employees to promote job-residence balance.

Encourage the development of large-scale and specialized housing leasing enterprises, support housing leasing enterprises to raise housing through leasing, purchasing and other channels, and support individuals and units to entrust housing to housing leasing enterprises for long-term operation to meet multi-level housing leasing needs.

Increase financial support for housing leasing.

Encourage development finance and other banking financial institutions to increase credit support for rental housing projects under the premise of controllable risks and sustainable business, and provide long-term loans and financial solutions for housing rental enterprises in line with their operating characteristics by reasonably calculating the future cash flow of rental income. Through policies and measures such as refinancing and rediscounting, we will guide and support financial institutions to innovate financial products and services for housing leasing projects. Encourage housing leasing enterprises and financial institutions to use interest rate derivatives to hedge interest rate risks.

Continue to promote the pilot project of public rental housing development loans, and moderately increase the number of participating banks. Actively recommend housing leasing enterprises or projects to China Association of Interbank Market Dealers, support them to issue corporate bonds, corporate bonds, non-financial corporate debt financing instruments and other corporate credit bonds and asset-backed securities, and broaden direct financing channels. Study and formulate preferential policies to encourage the development of real estate investment trusts (REITs), coordinate and guide financial institutions to actively participate, and support housing leasing enterprises to use real estate investment trusts for financing.

Two, the establishment of housing rental supervision platform to provide convenient public services.

The municipal housing and urban-rural construction department shall, jointly with relevant departments, organize the establishment of a housing rental supervision platform in accordance with the principle of openness. The housing lease supervision platform provides background data support for the online trading platform by linking the online trading platform, and the online trading platform provides external services for the leasing parties, such as publishing housing lease information, signing housing lease contracts online, applying for housing lease registration and filing, supervising transaction funds, inquiring credit information of market entities, and evaluating credit.

The online trading platform should meet the requirements of the housing rental supervision platform, and its business entities can be real estate brokers, housing rental enterprises, industry organizations, commercial website operators, etc. Specific requirements shall be formulated by the municipal housing and urban-rural construction department.

If the house lease has been registered for the record, the lessee will not submit the paper proof that he has a legally stable residence in Beijing when applying for public services according to law.

1. If the lessee meets the conditions of monetization subsidy for public rental housing, he can apply for rent subsidy according to the information registered on the housing rental supervision platform.

2. If the lessee is a non-registered family in this city, and meets the conditions of continuous single rent in the same district and actual residence for more than 3 years, registration on the housing rental supervision platform, and legal and stable employment of one spouse in this district for more than 3 years, their school-age children can receive compulsory education in this district.

If the lessee is a non-registered family in this city, he can apply for compulsory education for his school-age children at the location of the rental house according to the information registered on the housing rental supervision platform and Beijing's specific regulations on compulsory education for children of non-Beijing residents.

The specific measures shall be formulated by the district people's governments in light of the actual situation.

3. If the lessee is registered in this city and rents public houses and directly manages public houses, he can go through the registration transfer formalities at the place where the household registration is located according to the information registered on the housing rental supervision platform.

If the lessee is not registered in this city, he can apply for a residence registration card or residence permit according to the information registered on the housing rental supervision platform.

4. Market participants of all parties to the housing lease can evaluate other stakeholders 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 differentiated services for market participants, increase the service content, expand the service scope, and implement joint encouragement of trustworthiness and joint punishment of dishonesty according to the records of housing rental supervision platform and the accumulated evaluation information and verification results of market participants.

Three, clear housing rental behavior norms, safeguard the legitimate rights and interests of the parties.

1. The building structure, equipment and facilities meet the safety conditions such as building safety and fire fighting, and meet the basic use functions;

2. The room originally planned and designed as living space is the smallest rental unit, and the internal layout of the house shall not be changed due to division and rental;

3 kitchen, bathroom, balcony, storage room and other uninhabitable spaces shall not be rented for living;

4. The per capita living area shall not be lower than the standard set by this Municipality.

The lessor shall be responsible for the maintenance of the leased premises, facilities and equipment. If the leased premises, facilities and equipment are damaged and affect their normal use, the lessor shall repair them in time, unless otherwise agreed by the parties or caused by improper use by the lessee.

1. The parties to the house lease shall sign a written lease contract, and the contents of the contract shall include the basic information of the parties, the basic situation of the house, the rent, the lease term, the purpose of the lease, the liability for breach of contract, etc.

2 to encourage the parties to use the model text of the housing lease contract. The model text of the housing lease contract shall be formulated by the municipal housing and urban-rural construction department in conjunction with the municipal industrial and commercial department.

3. Encourage the parties to sign long-term housing lease contracts. If the parties sign a housing lease contract for more than 3 years and actually perform it, they can get relevant policy support. If a housing leasing enterprise rents its own housing, the lease term shall not be less than 3 years unless otherwise required by the lessee.

1. Within 3 days after the conclusion of the house lease contract, the parties concerned shall register for the record. If the registration information is changed, it shall be handled in time.

2. Housing lease registration and filing shall be handled online. Lease parties can apply for housing lease registration and filing through any online trading platform, and online registration and filing services can also be provided by the service window of the District Housing and Urban-Rural Development Department and the grass-roots management service station.

3. The registration information of house lease shall include information such as the leased house, the identity of the leased party, the lease term, rent, etc. The parties to the lease shall be responsible for the authenticity, legality and validity of the information provided by them.

4. The online trading platform shall verify the authenticity, legality and validity of the application information for housing lease registration and filing. If it passes the verification, it shall be truthfully pushed to the housing lease supervision platform, which shall register it for filing. The online trading platform can rely on the housing rental supervision platform to provide the parties with inspection services such as rental housing ownership information and party identity information.

5. Grassroots management service stations shall conduct spot checks on the actual living conditions of rental houses on a regular basis. If it is found that the actual living conditions are inconsistent with the housing lease registration information, it shall be indicated on the housing lease supervision platform.

1. Both parties to the lease shall reasonably agree on the rent according to the market rent level in the area where the leased house is located, and the lessor shall not unilaterally increase the rent during the contract period. The municipal housing and urban-rural construction department shall establish a housing rent release system and timely release information such as the actual transaction rent level of the housing rental market.

2. The lessor shall collect the rent on a monthly basis. If the lessee requests to collect rent quarterly and annually, the lessor may collect rent quarterly and annually.

3. Where the lessor collects the deposit, it shall stipulate in the contract the amount of the deposit, the way of management or custody, the time of refund, etc. Unless otherwise agreed in the contract, the lessor shall return the deposit to the lessee within 3 working days from the date of termination of the contract. If the lessor has any objection to the refund of the deposit, it shall bear the corresponding burden of proof.

(five) to ensure the legal and stable residence of the lessee.

1. During the lease period, the lessor shall not expel the lessee by violence, threat or other coercive means, and shall not enter the leased house without the consent of the lessee.

2. If the lessor sells the leased house during the lease period, it shall notify the lessee three months in advance, and shall not affect the normal use of the lessee. The lessee enjoys the preemptive right under the same conditions.

3. During the lease period, if the ownership of the leased house changes due to the sale, inheritance and gift, the validity of the lease contract will not be affected.

4. If the lessor does not continue to lease the house at the expiration of the lease term, it shall notify the lessee more than 1 month in advance; If the lease is continued, under the same conditions, the original lessee has the priority to lease. Except for the original lessee's major breach of contract.

1. The lessee shall abide by the relevant management regulations and shall not harm the public interests or the legitimate rights and interests of the neighboring parties. The corresponding responsibilities caused by the lessee's improper use behavior shall be borne by the lessee.

2. The lessee shall not sublease or sublease without authorization, unless the contract clearly stipulates sublease or sublease. If the lessee sublets or shares the house in accordance with the contract, it shall handle the house lease registration and filing in accordance with the provisions of these measures. The sublease lessee shall not sublease again.

If the lessee violates the provisions of this notice, it shall be recorded and made public by the housing rental supervision platform, and the relevant departments shall handle it according to law.

Four, strengthen market supervision, improve the level of housing rental services.

(A) regulate the behavior of real estate brokerage services

1. Employees of real estate brokerage institutions shall provide real-name services. Where a real estate brokerage institution provides leasing brokerage services for the parties, it shall examine the identity documents of the parties and the ownership certificate of the rented house, inspect the house on the spot and make a housing condition statement, inform the parties of relevant matters, and sign a real estate brokerage service contract.

Housing condition statement and real estate brokerage service contract shall be signed by real estate brokerage professionals.

2. Real estate brokerage institutions shall not provide rental brokerage services for houses that do not meet the lease conditions.

3. Real estate brokerage institutions shall charge reasonable fees according to the contents and service standards of the housing rental brokerage services provided. Before charging, a list of fees shall be issued to the parties, which shall specify the charging items, charging standards, charging amount and other matters related to fees, and the list of fees shall be signed and confirmed by the parties. Real estate brokerage agencies shall not charge any unspecified fees. If a real estate brokerage institution violates the provisions of this paragraph, it shall be punished by the competent price department according to law.

4. The real estate brokerage institution shall assist the parties to the house lease to handle the house lease registration.

(B) to promote the standardized development of housing rental enterprises

1. The business scope of the business license of a housing leasing enterprise shall include "housing leasing business", and the basic information of institutions and employees shall be reported to the district housing and urban-rural construction department for the record within 30 days from the date of establishment; If the information is changed, the corresponding changes shall be filed within 5 days from the date of occurrence.

2. The housing leasing enterprise shall bear the responsibility of the lessor, establish and improve the management process and service standard of housing leasing, and ensure that the rented housing meets the rental conditions and is suitable for living.

3. Before signing the house lease contract, the house leasing enterprise shall check the identity documents of the lessee and truthfully record the relevant information.

4. Housing leasing enterprises and business entities that lease houses on public and collective construction land shall handle the housing lease registration within 3 days from the date of signing the housing lease contract. If the lease contract information changes, the lease registration shall be changed in time.

Online trading platform, real estate agency, housing leasing enterprise, etc. Responsible for the confidentiality of the relevant information obtained by both parties to the lease, and shall not use the relevant information illegally.

The housing and urban-rural construction department shall, jointly with relevant departments, strengthen the dynamic verification of the online trading platform and find that the online trading platform does not meet the relevant conditions and there are illegal acts in the process of housing rental services. The municipal housing and urban-rural construction department may terminate its system link with the housing rental supervision platform according to regulations; Anyone suspected of committing a crime shall be handed over to the public security department for criminal responsibility according to law.

Five, in the city's state-owned land in accordance with the law to build housing, as well as in the collective construction land in line with urban and rural planning and construction of rental housing lease, in accordance with this notice. Where there are special provisions on the lease of public housing and public houses directly under the government, those provisions shall prevail.