Administrative Measures for Public Rental Housing

general provisions

Article 1 These Measures are formulated in order to strengthen the management of public rental housing, ensure fair distribution, standardize the operation and use, and improve the exit mechanism.

Article 2 These Measures shall apply to the distribution, operation, use, withdrawal and management of public rental housing.

Article 3 The term "public rental housing" as mentioned in these Measures refers to the affordable housing that is rented out to the low-income housing families in cities and towns, newly employed workers without housing, and migrant workers who have stable employment in cities and towns, with limited construction standards and rental levels.

Public rental housing can be raised through new construction, reconstruction, purchase, long-term lease and other ways, and can be invested by the government, policy support provided by the government, and investment from social forces.

Public rental housing can be complete housing or dormitory housing.

Article 4 The competent department of housing and urban and rural construction under the State Council shall be responsible for the guidance and supervision of public rental housing nationwide.

The competent housing and urban construction (housing security) departments of the local people's governments at or above the county level are responsible for the management of public rental housing within their own administrative areas.

Article 5 The competent housing security departments of the people's governments of municipalities directly under the Central Government, cities and counties shall strengthen the construction of the public rental housing management information system, establish and improve the public rental housing management archives.

Article 6 Any organization or individual shall have the right to report and complain about any act in violation of these Measures.

The competent department of urban and rural housing construction (housing security) shall timely verify and handle the reports and complaints according to law.

Chapter II Application and Examination

Article 7 Applicants for public rental housing shall meet the following conditions:

（1） There is no local housing or the housing area is lower than the specified standard;

（2） The income and property are lower than the specified standards;

（3） If the applicant is a migrant worker, he or she will have a stable employment in the local area for the specified number of years.

The specific conditions shall be determined by the competent housing security department of the people's government of the municipality directly under the Central Government, the city and the county level according to the actual situation of the region, and shall be implemented and announced to the public after being approved by the people's government at the same level.

Article 8 The applicant shall submit the application materials in accordance with the provisions of the competent housing security department of the municipal or county people's government, and shall be responsible for the authenticity of the application materials. The applicant shall agree in writing with the competent housing security department of the municipal or county people's government to verify its declaration information.

If the application materials submitted by the applicant are complete, the competent housing security department of the municipal or county people's government shall accept the application and issue a written certificate to the applicant; If the application materials are incomplete, the applicant shall be informed in writing of the materials that need to be supplemented and corrected at one time.

For the centralized construction of public rental housing in the development zones and parks for the employing units or park employees, the employing units can apply on behalf of their employees.

Article 9 The competent housing security departments of the people's governments at the municipal and county levels shall, together with the relevant departments, examine the application materials submitted by the applicants.

After examination, applicants who meet the application conditions shall be publicized. If there is no objection or objection is not tenable after publicity, they shall be registered as waiting objects for public rental housing, and shall be disclosed to the public; The applicant who does not meet the application conditions shall be notified in writing with reasons.

If the applicant disagrees with the examination results, he/she may apply to the competent housing security department of the municipal or county people's government for review. The competent housing security department of the people's government at the city or county level shall review with relevant departments and inform the applicant of the review results in writing within 15 working days.

Chapter III Waiting and Rent Allocation

Article 10 Applicants registered as waiting objects shall arrange public rental housing during the waiting period.

The competent housing security departments of the people's governments of municipalities directly under the Central Government, cities and counties shall reasonably determine the waiting period for public rental housing according to the level of economic development in their respective regions and the demand for public rental housing, which shall be implemented and announced to the public after being reported to the people's governments at the same level for approval. The waiting period generally does not exceed 5 years.

Article 11 After the source of public rental housing is determined, the competent housing security department of the people's government at the municipal and county levels shall formulate a rent allocation plan and publish it to the public.

The rent allocation scheme shall include the location, quantity, house type, area, rent standard, scope of supply objects, time limit for intention registration, etc.

The scope of supply of public rental housing invested by enterprises and institutions may be defined as the employees of the unit.

Article 12 After the release of the rent allocation plan, the waiting objects can register their intentions with the competent housing security departments of the municipal and county people's governments according to the rent allocation plan.

The competent housing security department of the people's government at the city or county level shall, together with the relevant departments, review the waiting objects who intend to register within 15 working days. If the conditions are not met, a written notice shall be given and the reasons shall be explained.

Article 13 With respect to the waiting objects that have passed the reexamination, the competent housing security departments of the municipal and county people's governments can determine the rental objects and the rental ranking by means of comprehensive scoring, random lottery, etc.

The comprehensive scoring method, lottery method, scoring, lottery process and results shall be disclosed to the public.

Article 14 After the determination of the lease distribution object and the lease distribution order, it shall be publicized. If there is no objection to the publicity or the objection is not tenable, the rental objects shall choose public rental housing according to the rental order.

The results of rent allocation shall be disclosed to the public.

Article 15 Among the waiting objects that have passed the reexamination, those who enjoy the preferential treatment of the state's regular pension subsidies, the elderly, the sick and the disabled, etc., can give priority to the arrangement of public rental housing. The scope of priority objects and the measures for priority arrangement shall be determined by the competent housing security department of the people's government of the municipality directly under the Central Government, the city and the county level according to the actual situation of the region, and shall be implemented and announced to the public after being submitted to the people's government at the same level for approval.

The public rental housing invested by social forces and applied for by the employer on behalf of its employees can only be leased to applicants who have been verified and registered as waiting objects.

Article 16 After the public rental housing is selected as the object of allocation, the owner of the public rental housing or its entrusted operating unit shall sign a written lease contract with the object of allocation.

Before the lease contract is signed, the owner or its entrusted operating unit shall clearly explain to the lessee the terms of the lease contract that involve the lessee's responsibilities and the circumstances under which the public rental housing should be returned.

Article 17 A public rental housing lease contract shall generally include the following contents:

（1） The names of the parties to the contract;

（2） The location, purpose, area, structure, indoor facilities and equipment of the house, as well as the use requirements;

（3） Lease term, amount of rent and payment method;

（4） Housing maintenance responsibility;

（5） Responsibility for payment of fees related to property services, water, electricity, gas, heat supply, etc;

（6） Return of public rental housing;

（7） Liability for breach of contract and dispute resolution;

（8） Other matters that should be agreed upon.

The competent departments of housing and urban construction (housing security) of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate model texts of public rental housing lease contracts.

After the contract is signed, the owner of public rental housing or its entrusted operating unit shall report the contract to the competent housing security department of the municipal or county people's government for filing within 30 days.

Article 18 The lease term of public rental housing generally does not exceed 5 years.

Article 19 The competent housing security departments of the people's governments at the municipal and county levels shall, together with the relevant departments, determine the rent standard for public rental housing in their own areas on the principle of slightly lower than the rent level of the housing market in the same area, and report it to the people's government at the same level for approval before implementation.

The rent standard of public rental housing shall be announced to the public and adjusted regularly.

Article 20 The amount of rent agreed in a public rental housing lease contract shall be determined according to the rent standard for public rental housing approved by the people's government at the city or county level.

Article 21 The lessee shall pay the rent on time in accordance with the contract.

If the income of a lessee is lower than the local standard, it may apply for lease subsidies or reductions in accordance with the relevant provisions.

Article 22 The rental income of public rental housing invested by the government shall be paid into the national treasury at the same level in accordance with the relevant regulations on the management of government non tax income, and shall be managed by two lines of revenue and expenditure, which shall be specially used for repaying the principal and interest of public rental housing loans and the maintenance and management of public rental housing.

Article 23 If the public rental housing needs to be replaced due to employment, children's schooling and other reasons, the lessee can exchange the leased public rental housing with the consent of the owner of the public rental housing or its entrusted operating unit.

Chapter IV Use and Withdrawal

Article 24 The owner of the public rental housing and its entrusted operating unit shall be responsible for the maintenance of the public rental housing and its supporting facilities to ensure the normal use of the public rental housing.

The maintenance cost of public rental housing invested by the government is mainly solved by the rental income of public rental housing and the rental income of supporting commercial service facilities, and the insufficient part is solved by the financial budget arrangement; The maintenance cost of public rental housing invested and constructed by social forces shall be borne by the owner and its entrusted operating unit.

Article 25 The owner of public rental housing and its entrusted operating unit shall not change the nature and purpose of affordable housing of public rental housing and the planned purpose of its supporting facilities.

Article 26 The lessee shall not decorate the leased public rental housing without authorization. If the decoration is really necessary, the consent of the owner of the public rental housing or its entrusted operating unit shall be obtained.

Article 27 If a lessee commits any of the following acts, it shall return the public rental housing:

（1） Sublending, subleasing or changing the leased public rental housing without authorization;

（2） Changing the purpose of the leased public rental housing;

（3） Destroying or decorating the leased public rental housing without authorization and refusing to restore it to its original state;

（4） Engaging in illegal activities in public rental housing;

（5） Idle public rental housing for more than 6 consecutive months without justified reasons.

If the lessee refuses to return the public rental housing, the competent housing security department of the municipal or county people's government shall order it to return within a time limit; If it fails to return the money within the time limit, the competent housing security department of the people's government at the city or county level may apply to the people's court for compulsory execution according to law.

Article 28 The competent housing security departments of the municipal and county people's governments shall strengthen the supervision and inspection of the use of public rental housing.

The owner of public rental housing and its entrusted operating unit shall conduct patrol inspection on the use of public rental housing by the lessee, and if any act in violation of these Measures is found, it shall be handled according to law or reported to the relevant department in a timely manner.

Article 29 If the lessee is in arrears with the rent for more than 6 months in total, it shall vacate the public rental housing it has rented; If the lessee refuses to vacate the public rental housing, the owner of the public rental housing or its entrusted operating unit may file a lawsuit to the people's court to request the lessee to vacate the public rental housing.

Article 30 If the lease needs to be renewed at the end of the lease term, the lessee shall apply to the competent housing security department of the municipal or county people's government 3 months before the lease term expires.

The competent housing security department of the people's government at the municipal and county levels shall, together with the relevant departments, examine whether the applicant meets the conditions. If the conditions are met after review, the lease will be renewed and a renewal contract will be signed.

The lessee who fails to apply for renewal of lease as required shall vacate the public rental housing upon expiration of the lease term; If the lessee refuses to vacate the public rental housing, the owner of the public rental housing or its entrusted operating unit may file a lawsuit to the people's court to request the lessee to vacate the public rental housing.

Article 31 Under any of the following circumstances, the lessee shall vacate the public rental housing:

（1） The application for renewal of lease is submitted but the conditions for renewal of lease are not met after review;

（2） During the lease term, other houses are acquired through purchase, donation, inheritance, etc. and no longer meet the conditions for public rental housing;

（3） Leasing or purchasing other affordable housing during the lease term.

If the lessee is under any of the circumstances specified in the preceding paragraph, the owner of the public rental housing or its entrusted operating unit shall arrange a reasonable relocation period for it, and the rent during the relocation period shall be paid according to the amount of rent agreed in the contract.

If the public rental housing is not vacated at the end of the relocation period, and the lessee does not have any other housing, the rent shall be paid at the market price; If the lessee has other housing, the owner of the public rental housing or its entrusted operating unit may file a lawsuit to the people's court to ask the lessee to vacate the public rental housing.

Article 32 Real estate brokerage institutions and their brokers shall not provide brokerage services such as renting, subleasing and selling public rental housing.

Chapter V Legal Liability

Article 33 Where the competent department of urban and rural housing construction (housing security) and its staff fail to perform their duties as prescribed in these Measures in the management of public rental housing, or abuse their power, neglect their duties, engage in malpractices for personal gain, the directly responsible person in charge and other directly responsible persons shall be given sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 34 If the owner of public rental housing and its entrusted operating unit violate these Measures and commit one of the following acts, the competent housing security department of the municipal or county people's government shall order them to make corrections within a time limit and impose a fine of less than 30000 yuan:

（1） Renting public rental housing to unqualified objects;

（2） Failing to perform the obligation of maintenance and repair of public rental housing and its supporting facilities;

（3） Changing the nature and use of affordable housing of public rental housing, as well as the planned use of supporting facilities.

If the owner of public rental housing is an administrative organ, it shall be handled in accordance with Article 33 of these Measures.

Article 35 Where an applicant conceals relevant information or provides false materials to apply for public rental housing, the competent housing security department of the people's government at the city or county level shall not accept the application, give a warning and record it in the public rental housing management file.

For those who register as waiting objects or rent public rental housing by dishonest means, such as deception, the competent housing security department of the municipal or county people's government shall impose a fine of less than 1000 yuan and record it in the public rental housing management file; If it is registered as a waiting object, its registration shall be cancelled; If a public rental housing has been leased, the lessee shall be ordered to return the leased public rental housing within a time limit and pay the rent at the market price. If the rent is not returned within the time limit, the lessee may apply to the people's court for enforcement according to law. The lessee shall not apply for public rental housing again within five years from the date of returning the public rental housing.

Article 36 If a lessee commits one of the following acts, the competent housing security department of the people's government at the city or county level shall order it to make up the rent at the market price since the date of the illegal act, record it in the public rental housing management file, and impose a fine of less than 1000 yuan; If there are illegal gains, a fine of less than three times the illegal gains but not more than 30000 yuan shall be imposed:

（1） Sublending, subleasing or changing the leased public rental housing without authorization;

（2） Changing the purpose of the leased public rental housing;

（3） Destroying or decorating the leased public rental housing without authorization and refusing to restore it to its original state;

（4） Engaging in illegal activities in public rental housing;

（5） Idle public rental housing for more than 6 consecutive months without justified reasons.

In case of any of the acts listed in the preceding paragraph, the lessee shall not apply for public rental housing again within five years from the date of returning the public rental housing; If losses are caused, it shall be liable for compensation according to law.

Article 37 In case of violation of Article 32 of these Measures, the competent housing and urban construction (real estate) department of the local people's government at or above the county level shall order correction within a time limit and record it in the credit file of the real estate broker in accordance with Article 37 of the Administrative Measures for Real Estate Brokerage; Real estate brokers shall be fined not more than 10000 yuan; Real estate brokerage institutions will be disqualified from signing online contracts and fined less than 30000 yuan.

Chapter VI Supplementary Provisions

Article 38 The competent departments of housing and urban construction (housing security) of provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation in accordance with these Measures.

Article 39 The Measures shall come into force as of July 15, 2012.