Chapter I General Provisions Article 1 is to standardize the management of public rental housing and ensure fair distribution, standardized operation and rational use. According to the Guiding Opinions of the General Office of the State Council on the Construction and Management of Affordable Housing Projects (Guo Ban Fa [201] No.45), the Measures for the Administration of Public Rental Housing (DecreeNo. 1 1 issued by the Ministry of Housing and Urban-Rural Development) and the Opinions of the People's Government of Henan Province on Accelerating the Development of Public Rental Housing (.
Article 2 These Measures shall apply to the construction, access, distribution and management of public rental housing in urban areas of this Municipality.
Article 3 The term "public rental housing" as mentioned in these Measures refers to the indemnificatory housing rented to people with housing difficulties who meet the prescribed conditions under the limited construction standards and rent levels.
The implementation of low-cost housing and public rental housing in parallel operation, unified management. The low-rent housing that has been built before the implementation of these measures is included in the management of public rental housing.
Public rental housing can be a complete set of housing or dormitory housing.
Fourth city housing security department is responsible for the management of public rental housing in this city.
Article 5 The construction, distribution and management of public rental housing shall follow the following principles: government support and market operation; Multi-party construction and overall management; Fair, open and strict supervision.
Sixth housing security departments should strengthen the construction of public rental housing management information system, establish and improve the public rental housing management files.
Article 7 Any organization or individual has the right to report and complain about acts violating these Measures.
The housing security department shall promptly verify and handle reports and complaints according to law.
Chapter II Construction and Management
Eighth public rental housing financing channels mainly include:
(a) public rental housing directly invested and organized by the government and public rental housing raised through acquisition and market leasing;
(two) paid by the government for land and provide preferential policy support, social institutions or enterprises funded the construction of public rental housing;
(three) in the commercial housing, affordable housing and shantytowns, urban village reconstruction with a certain proportion of public rental housing;
(four) the public rental housing built by the employing enterprise on its own land with approval on the premise of conforming to the urban planning;
(5) vacating public housing;
(6) Houses donated by the society;
(seven) other channels to raise housing.
Article 9 The housing security department shall, jointly with the urban and rural planning department and other relevant departments, formulate the development plan of affordable housing according to the overall urban planning, the overall land use planning and the development plan of industrial agglomeration areas, rationally arrange the construction and layout of affordable housing, and arrange it in areas with convenient transportation and relatively perfect public facilities as far as possible to effectively meet the demand.
Article 10 The municipal housing security department shall, according to the development plan of public rental housing and social demand, put forward the opinions on the annual construction plan of public rental housing, formulate the annual construction plan jointly with the municipal development and reform, finance, planning, land and other departments, clarify the starting and completion targets, investment arrangements, construction sequence and other contents, and announce them to the public for implementation after approval by the Municipal People's Government.
Eleventh new public rental housing to meet the basic living needs, mainly small and medium-sized apartment and dormitory, apartment structure including single room, one room, one hall, two rooms. Complete sets of public * * * rental housing built by investors, and the construction area of a single set shall not exceed 60 square meters. At the same time, according to the living needs of the leased object, the structure of Xing Tao is determined reasonably.
The architectural design of newly-built dormitory-type public rental housing shall conform to the Code for Design of Dormitory Buildings promulgated by the Ministry of Housing and Urban-Rural Development and relevant national and provincial building standards.
Twelfth new government public rental housing construction land supply by administrative allocation. Public rental housing built by social investors, state-owned construction land can be supplied by the government in the form of transfer, lease or shares at a fixed price. Employment enterprises can use their own land to build public rental housing after approval on the premise of conforming to urban planning.
For public * * * rental housing projects, all kinds of administrative fees and government funds are exempted (in accordance with the relevant provisions of this Municipality, urban infrastructure supporting fees are reduced or exempted), and tax relief policies are enjoyed in accordance with the relevant provisions.
Thirteenth units and individuals that donate public rental housing and funds shall be implemented in accordance with the relevant tax reduction and exemption policies stipulated by the state.
The purchased public * * * rental housing should be moderate in size, meet the requirements of public * * * rental housing standards, and the price is reasonable. The purchase price shall be determined through consultation with the seller within the approved price range after being approved by the Municipal Development and Reform Commission in conjunction with the municipal housing security department and the financial department.
Article 14 The property right of public rental housing invested by the government belongs to the government, and the public rental housing invested by other social institutions or enterprises (except the part that needs to be handed over to the government free of charge due to construction projects) belongs to the investors in accordance with the principle of "whoever invests manages". The rights and interests of investors can be transferred according to law, but they are included in the overall management of public rental housing.
Fifteenth public rental housing invested by the government shall be directly operated by the municipal housing security department or entrusted by the municipal housing security department for market operation. Public rental housing invested by other social entities shall be rented and managed by the housing property unit or its entrusted unit, and the government shall give guidance.
Sixteenth city-level investment in the construction or overall management of public rental housing by the municipal housing security department is responsible for the management, district investment in the construction or overall management of public rental housing by the district housing security department is responsible for the management.
Chapter III Application and Examination Article 17 Persons with housing difficulties who have no real estate or whose per capita housing construction area does not exceed 20 square meters may apply for public rental housing as applicants.
Eighteenth applicants for Xinxiang public rental housing, in calculating the per capita housing area, can only calculate the applicant's housing in Xinxiang city. Applicants applying for public rental housing in Pingyuan New District, Economic and Technological Development Zone and Fengquan District will only calculate the applicant's housing in the corresponding area when calculating the per capita housing area.
Nineteenth applicants for affordable housing should be at least 18 years old and have full capacity for civil conduct.
Twentieth in the city has rented low-cost housing, public rental housing, shall not apply for public rental housing again.
Twenty-first families that meet the housing security conditions shall be given priority in any of the following circumstances:
(a) the minimum living guarantee family;
(two) with the city's urban household registration, living in the scope of housing expropriation, because the house was expropriated, there is no other housing in the urban area of this city;
(3) Model workers and heroes at or above the municipal level who work in the local area, demobilized soldiers who have won second-class merit, survivors of martyrs, survivors of soldiers who died in the line of duty in the administrative area of Henan Province and enjoy regular pension subsidies, disabled soldiers who retired from active service, rural demobilized soldiers, veterans who returned home sick, retired people who participated in nuclear experiments (including those who directly participated in uranium mining), and elderly children of martyrs (including those who were wrongly implicated before the founding of the People's Republic of China).
(4) Lonely old families without children.
Twenty-second applicants with household registration in urban areas shall, in principle, apply for public rental housing built at the district or city level according to the location of household registration; In principle, newly-employed workers and migrant workers shall apply for public rental housing at the local or municipal level according to the location of their work units.
Twenty-third applicants to apply for public rental housing shall submit the following materials, and agree in writing to the public rental housing management party to investigate and verify the true situation of the materials provided:
1. Xinxiang city affordable housing application approval form;
2. Family members' identity documents, household registration books and proof of marital status;
3. Proof of property of family members. Self-owned houses provide ownership certificates, and leased houses provide lease registration certificates;
4. Other materials that need to be provided.
To apply for public rental housing at the city level, in addition to the above-mentioned corresponding materials, it is also necessary to provide a certificate issued by the housing security department in the area where the household registration or employment unit is located that the public rental housing is not rented in this area.
Property information certificate and single certificate are valid for one month.
Twenty-fourth government management of public rental housing application review to implement the "preliminary publicity".
Review. The applicant holds relevant materials to apply directly to the housing security department or its acceptance window, which will be audited by the housing security department. The review time limit is 10 working days.
Publicity. The term is not less than 7 days. If there is no objection or the report is not established after publicity, it is determined to be the waiting object. The housing security department shall explain the reasons to the applicants who have not passed the identification.
Chapter IV Waiting and Rent Allocation
Twenty-fifth after the supply of public rental housing is determined, the housing security department shall formulate the distribution plan and announce it to the public.
The rent allocation scheme shall include the location, quantity, apartment type, area, rent standard, scope of supply object, time limit for intention registration, etc.
Twenty-sixth with the release of the rent plan, the waiting object can apply for intention registration to the housing security department in accordance with the rent plan.
Housing security departments in accordance with the principle of first come, first served, according to the applicant's choice of public rental housing location, registration time to determine the waiting order.
Twenty-seventh with the object of rent and rent order should be made public. If there is no objection to the publicity or the objection is not established, the renting object shall exercise the right to choose public rental housing according to the sorting of renting.
The results of rent distribution shall be made public.
Twenty-eighth new housing in line with the occupancy conditions, by the housing security department in accordance with the waiting order to meet the conditions of the applicant issued a confirmation notice. The applicant who receives the confirmation notice of rent allocation shall sign the Xinxiang public rental housing lease contract with the designated operating agency within 30 days, and the lease term shall generally not exceed 5 years.
Failure to sign the contract on schedule and not taking the initiative to explain the reasons shall be deemed as automatic waiver.
Twenty-ninth public rental housing lease contract shall generally include the following contents:
(a) the names of the parties to the contract;
(two) the location, use, area, structure, indoor facilities and equipment and use requirements of the house;
(3) Lease term, rental amount and payment method;
(4) Responsibility for house maintenance;
(five) the responsibility to pay the property service fees, water, electricity, gas, heating and other related expenses;
(six) the situation of withdrawing from public rental housing;
(seven) the liability for breach of contract and dispute resolution;
(eight) other matters that should be agreed.
After the contract is signed, the owner of public rental housing or the operating unit entrusted by it shall report the contract to the housing security department of the municipal and district people's governments for the record within 30 days.
Thirtieth housing security department shall, jointly with the competent price department, determine the rent standard of public rental housing, and report it to the people's government at the same level for approval before implementation. The amount of rent agreed in the lease contract of public rental housing shall be determined according to the rent standard of public rental housing approved by the people's government at the same level.
The rent standard of public rental housing shall be announced to the public and adjusted regularly.
Article 31 The lessee shall pay the rent on time as agreed in the contract. If the lessee's income is lower than the city's low-income standard, he may apply for rental subsidies in accordance with relevant regulations. The detailed rules for the implementation of public rental housing rent and rental subsidies shall be formulated separately.
Article 32 the rental income of public rental housing invested by the government shall be paid into the state treasury at the same level in accordance with the relevant provisions on the management of government non-tax income, and two lines of revenue and expenditure shall be implemented, which shall be used exclusively for repaying the principal and interest of public rental housing loans and maintaining and managing public rental housing.
Article 33 If it is necessary to change the public rental housing due to employment, children's schooling and other reasons, the lessee may change the rented public rental housing with the consent of the owner of the public rental housing or the operating unit entrusted by him, or the lessee may voluntarily give up the existing rental housing and participate in the waiting list of public rental housing in other regions.
Thirty-fourth enterprises, institutions and other organizations to invest in the construction of public rental housing, priority for the arrangement of qualified workers and community members. Apply to the unit or the new rural community, by the unit or community to apply, and submit the materials required by these measures, by the construction unit audit. After publicity and approval, Xinxiang affordable housing application summary, tenant, rental price, distribution plan and materials provided by residents shall be reported to the local housing security department for the record.
Chapter V Use and Exit Article 35 The owner of public rental housing and the operating unit entrusted by him shall be responsible for the maintenance of public rental housing and its supporting facilities to ensure the normal use of public rental housing.
The maintenance cost of government-invested public rental housing is mainly solved by the rental income of public rental housing and supporting commercial service facilities, and the insufficient part is solved by the financial budget; The maintenance cost of public rental housing invested by social forces shall be borne by the owners and their entrusted operating units.
Thirty-sixth public rental housing owners and their entrusted operating units shall not change the nature and use of public rental housing and the planned use of supporting facilities.
Article 37 The lessee shall not decorate the leased public rental housing without authorization. If it is really necessary to decorate, it shall obtain the consent of the owner of the public rental housing or the operating unit entrusted by it.
Article 38 If the lessee needs to renew the lease upon the expiration of the lease contract, he shall apply for renewal three months before the expiration of the contract, and sign a renewal contract if it meets the requirements after examination.
Thirty-ninth public rental housing to implement the review system every other year.
Fortieth the lessee shall vacate the public rental housing under any of the following circumstances:
(a) to apply for renewal, but the audit does not meet the conditions for renewal;
(two) during the lease period, other houses obtained by means of purchase, gift or inheritance no longer meet the conditions of public rental housing.
If the lessee has one of the circumstances specified in the preceding paragraph, the owner of the public rental housing or the operating unit entrusted by him shall arrange a reasonable relocation period for him, and the rent during the relocation period shall be paid according to the amount of rent agreed in the contract.
If the lessee fails to vacate the public rental housing at the expiration of the relocation period, and the lessee has no 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 the operating unit entrusted by him may apply to the people's court for compulsory execution according to law.
Forty-first public * * rental housing tenant has one of the following acts, once verified, immediately terminate the lease contract, recover the public * * rental housing, and shall not apply for affordable housing for five years:
(a) to provide false proof and other means to defraud public rental housing;
(2) subletting or lending;
(three) to change the structure or use of public rental housing;
(four) vacant for more than 6 months without justifiable reasons;
(five) accumulated arrears of rent for more than 6 months;
(six) engaged in illegal activities in public rental housing;
(seven) other circumstances in violation of the lease contract.
Forty-second real estate brokerage agencies and their brokers, as well as media organizations, may not provide or publish brokerage services such as renting, subletting and selling public rental housing without the consent of the housing security department.
Forty-third public rental housing for personal use and vulnerable facilities, as well as facilities and equipment damaged due to improper use, the lessee shall bear the maintenance costs. Public * * * facilities and * * use parts can be borne by the owner of public * * * rental housing and the management unit entrusted by it, and can also be charged from the residential special maintenance fund with reference to the payment of residential special maintenance funds for commercial housing. The use of residential special maintenance funds shall be implemented in accordance with the relevant provisions of residential special maintenance funds, and public rental housing with commercial housing shall be implemented in accordance with the relevant provisions of residential special maintenance funds.
Forty-fourth public rental housing into the community property management services, according to the standard to pay property management fees. * * * Public rental housing is free of property fees during the vacant period.
Chapter VI Legal Liability
Article 45 If the housing security department and its staff fail to perform their duties as stipulated in these Measures in the management of public rental housing, or abuse their powers, neglect their duties or engage in malpractices for selfish ends, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-sixth public rental housing owners and their entrusted operating units in violation of these measures, one of the following acts, the city and county people's government housing security departments shall be ordered to make corrections within a time limit and impose a fine of 30 thousand yuan:
(a) to provide public rental housing to unqualified objects;
(two) did not fulfill the obligation to maintain public rental housing and its supporting facilities;
(three) to change the nature and use of public rental housing and the planned use of supporting facilities.
If the owner of public rental housing is an administrative organ, it shall be handled in accordance with the provisions of the preceding article.
Forty-seventh applicants to conceal the relevant information or provide false materials to apply for public rental housing, housing security departments will not accept, and recorded in the public rental housing management files.
Those registered as waiting objects or renting public rental housing by cheating or other improper means shall be recorded in the public rental housing management files; those registered as waiting objects shall be cancelled; If the public rental housing has been leased, it shall be ordered to return the leased public rental housing within a time limit and pay the rent at the market price. If it is not returned within the time limit, it may apply to the people's court for compulsory execution 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 48 If the lessee commits one of the following acts, the housing security department shall order him to pay back the rent according to the market rent of similar commercial housing in the same region from the date of the illegal act, record it in the public rental housing management file, and impose a fine of 1000 yuan; If there is illegal income, a fine of less than 3 times the illegal income but not more than 30 thousand yuan shall be imposed:
(1) Lending, subletting or changing the rented public rental housing without authorization;
(2) Changing the use of public rental housing;
(three) the destruction or unauthorized decoration of public rental housing, refused to restore the original state;
(four) engaged in illegal activities in public rental housing;
(five) public rental housing has been idle for more than 6 months without justifiable reasons.
One of the above acts, the lessee shall not apply for public rental housing again within five years from the date of returning to the public rental housing; If losses are caused, it shall be liable for compensation according to law.
Article 49 The public rental housing management unit shall provide corresponding services in strict accordance with the regulations or the contract, and the government price department shall strengthen the supervision and inspection of the public rental housing rent and property service fees, and punish the government price department and the property department in violation of the price laws and regulations and the provisions of these Measures in accordance with the regulations.
Fiftieth in violation of the provisions of Article 42 of these measures, the competent department of housing and urban construction (real estate) of the local people's government at or above the county level shall order it to make corrections within a time limit according to Article 37 of the Measures for the Administration of Real Estate Agents, and record it in the credit files of real estate agents; For real estate agents, a fine of 6,543,800 yuan is imposed; For real estate intermediaries, cancel the qualification of online signing and impose a fine of 30,000 yuan; Media organizations shall be punished by the administrative department for industry and commerce in accordance with the relevant provisions of the Advertising Law.
Chapter VII Supplementary Provisions
Fifty-first counties (cities) may formulate measures for the administration of their counties (cities) with reference to these measures.
Article 52 These Measures shall come into force as of the date of promulgation.