Formaldehyde room, partition room, rent loan? Along with the hot rental market, these chaotic phenomena occur from time to time, the relevant industry urgently need to be regulated. September 1, Beijing Housing Rental Regulations (hereinafter referred to as the "Regulations") formally came into force, which is the country's first to regulate the housing leasing, regulating the long term rental apartments and other emerging industry local regulations, Beijing has also become the first to be the first will be the? Beijing has also become the first city to include in its local legislation the concepts of "housing for all", "housing without speculation", "renting and purchasing", and "work-life balance". The city is also the first city to write local legislation on the subject.
The Beijing Municipal Commission of Housing and Urban-Rural Development said that the Regulations reflect Beijing's firm determination to promote the realization of the masses to live in housing, livability and security. Recently, the person in charge interpreted the main provisions of the Regulations and the legislative intent.
Will? individual second homeowners? Into the regulation
"Regulations" efforts to strictly regulate the market order, clear use of non-residential stock of land construction of rental housing, the use of non-residential stock of housing converted to rental housing, the use of collective construction land construction of rental housing, the land transfer of the relevant documents expressly required for the lease of the housing, etc. shall not be sold, disguised as a sale, shall not be used for the rental of short-term rental housing, and set a heavier penalty.
In response to complaints and reports reflecting more deduction of rent deposit, long collection and short payment, high collection and low out,? The regulations are tailored to the violation of the market owners, such as the market chaos, the Regulations? Tightrope spell. Mainly include: the main body to be qualified, the provisions of housing rental enterprises, real estate brokerage agencies should have the appropriate funds, personnel and management capacity, the requirements of the enterprise name and scope of business should reflect the industry and business characteristics, clear market entity registration and industry filing requirements; individual leasing to be strictly controlled, will be? Individual second landlord? Into the regulation, the provisions of individual subletting housing more than the required number should apply for the establishment of housing leasing enterprise registration, and clear requirements for the punishment of illegal behavior; information to be transparent, business license, office address, practitioner information, services and charges, complaint phone number, etc. shall be truthfully displayed in the business premises, network services, to prepare in advance the housing condition statement and inform the tenant of the relevant information; practicing to be The real name, practitioners should hold the card real name practice, and provide services in the lease contract signed, indicating the information card number.
In addition, the "Regulations" clear leasing enterprises to charge a deposit generally shall not exceed one month's rent, and shall be hosted through a third-party special account, the amount of a single collection of rent generally shall not exceed three months' rent, overcharged rent should be included in the regulatory; brokerage agencies to collect commissions generally shall not exceed one month's rent, and the parties to the expiration of the contract renewed, the brokerage agency shall not again collect commissions. Financial institutions should issue rental loans based on the filing of the lease contract, transferred to the tenant's account; the loan amount shall not be higher than the amount of the lease contract, the loan period shall not exceed the term of the lease contract, the frequency of the issuance of loans should be matched with the frequency of the payment of rent by the tenant.
All-round protection of tenants' rights and interests
For tenants, housing leasing involves stabilizing the right to live, which is a livelihood issue. In the leasing relationship, the tenant is generally in a relatively passive position. From the management practice over the years, more than 90% of the complaints reflect the infringement of tenants' rights and interests.
"Regulations" in the principle of equal protection of the parties, from the living conditions, security, rent stabilization, dispute resolution and other aspects to further highlight the protection of the rights and interests of the tenant living. First, it is clearly stipulated that the rental housing should meet the requirements of the basic safety standards of construction, security, indoor air quality, etc., and have basic living conditions such as water supply, power supply, etc., and shall not be partitioned for illegal group rental, and it is prohibited to rent out the houses that are illegally constructed and not allowed to be rented out by other legal provisions. Secondly, it is clear that the lessor's contract registration, rental registration and safety management and other responsibilities and obligations, and stipulates that the lessor shall not take to stop water supply, electricity, heat, gas or violence, threats and other means of forcible termination of the contract, repossession of the house. Thirdly, the lessor should present identity documents, proof of ownership of the house, inform the house decoration and cooperate with the field to see the house. Fourth, through the lease contract net signature filing information **** enjoy for the lessee for residence permit, integral settlement, children's schooling, provident fund withdrawal and other public **** services to provide convenience, the lessee does not need to submit a paper contract. Fifth, the establishment of multiple dispute resolution mechanism, for the leasing parties to efficiently resolve disputes to provide a variety of ways.
"Regulations" clear rental contracts should be signed online, while providing for the full use of technology to empower management services, the development and construction of the city's unified housing rental management services platform, and public security, education and other departments to establish information interoperability **** enjoyment mechanism, the integration of interdepartmental ? The city's unified housing rental management service platform has been developed and constructed. Management information, provide housing information check, enterprise and practitioner information query, face recognition and other services, and gradually realize the leasing party contract net signing, filing, query, etc.? Handling on the palm of your hand One network to do? to facilitate people to apply for residence permits, points for settlement, provident fund withdrawals, etc., and to realize the combined processing of lease contract registration and rental registration through online signing, avoiding the need to make two trips? A matter of two runs? Let the information run more, let the people less leg?
According to the Regulations, the lessor shall, within 30 days of the signing of the rental contract, apply for the housing lease registration and rental registration. Intermediaries and long term rental apartments will be built through the city's unified housing rental management service platform to complete the lease contract net signature, automatically submitted for registration and filing. The net signed and filed lease contract is not only protected by law, but also can enjoy a variety of public **** services for lease empowerment.
Strictly prohibit group renting revitalization of agricultural rents regulate short-term renting
"Regulations" clearly require the strict prohibition of group renting, the provisions of the rental housing should be the original planning and design of the room as the smallest unit of rental, shall not be partitioned to change the internal structure of the house, the living room shall not be rented separately, the kitchen, bathroom, balcony, storeroom and other non-residential space shall not be rented for Non-residential spaces such as kitchens, bathrooms, balconies and storerooms shall not be rented out for residential use, and the per capita area and the number of people living in each room shall comply with the regulations. At the same time, street offices and township governments are explicitly empowered to manage and penalize illegal group renting. This is the first time that Beijing has put its practical experience in managing group rentals since 2013 into local regulations, providing a more adequate guarantee of the rule of law for the management work.
Currently, Beijing's rural areas, especially the urban and rural areas, are home to a large number of urban workers. The villagers have rented out their unused farm houses to increase their income on the one hand, and on the other hand, they have provided rental products with relatively low rents, effectively meeting the basic housing needs of some of the migrant workers. At the same time, the population upside down brought about by the security, fire, environmental health and other contradictory problems highlighted the urgent need to regulate the management.
In recent years, with the ? Internet+? s rise, the city? The short-term rentals? The rapid development of new businesses, widely distributed in residential neighborhoods in order to? The short-term rentals? Net room? Forms of rental, to meet the short-term accommodation needs of travelers at the same time, but also to the urban safety management has brought major challenges, seriously affecting the normal living life of community residents, triggering a large number of conflicts and disputes. To this end, the "Regulations" clearly within the core functional area of the capital prohibited the rental of short-term rental housing, other urban areas to rent short-term rental housing, should be in line with the city's relevant management norms and the management of the district statute, no management statute or the management of the statute of the relevant agreement should be obtained from the building or the same bungalow in the courtyard of the other owners of the unanimous consent. The renter should sign a security responsibility guarantee with the public security police station where the house is located.
Multiple mechanisms to improve the efficiency of dispute resolution
At present, most of the main body of the housing rental market is retailer-to-retailer, housing rental enterprises operating in a relatively small proportion of the size of the rent regulation means less, difficult. In this regard, the "Regulations" clearly prohibit housing rental enterprises, real estate brokerage agencies to inflate rents, bundled consumption, fabrication and dissemination of price increase information and other behaviors that disrupt the market order, to prevent the enterprise in the capital boosted by vicious competition, speculation, pushing up rents, and based on China's price law to establish the government's intervention mechanism on rental prices, rent is obviously rising or may be obviously rising, the municipal government can take the price increase declaration, limited Rent or rent increase and other price intervention measures to stabilize the rent level.