The most stringent short-term rental housing management new regulations introduced
Short-term rental housing is prohibited in the functional core area of the capital
Our reporter Zhao Yingying
Operating short-term rental apartments or city homestays in residential quarters is not what the owners want.
After publicly soliciting opinions from the public, yesterday, the Municipal Housing and Construction Commission, the Municipal Public Security Bureau, the Municipal Internet Information Office, and the Municipal Bureau of Culture and Tourism formally issued the "Notice on Regulating the Management of Short-term Rental Housing", which will be implemented on February 1, 2021 .
The notice clarified that the city's short-term rental housing is managed differentiated by region, and the operation of short-term rental housing in the functional core area of the capital is prohibited.
In areas where short-term rental housing is allowed, the community owners must comply with the management regulations of the community for short-term rental operations. If there is no management protocol, they should obtain written consent from the owners committee and property management committee or other owners in the building.
Implement differentiated management by region
Short-term rental housing refers to a business place that uses housing in residential communities on state-owned land in this city to charge a daily or hourly fee to provide accommodation and rest services.
Popular understanding is that people often say that there are residential communities with property management, and country houses are not included in this scope.
Compared with the previous draft for comments, the "Notice" clarified for the first time that the city's short-term rental housing is managed differentiated by region, and short-term rental housing is prohibited from operating in the functional core area of the capital.
In other areas of the city where short-term rental housing is allowed, the community owners must not only meet the safety requirements of housing construction, fire protection, public security, health, etc., and notify the community property service enterprises in writing if they want to operate their residences for short-term rentals, they must also Comply with the management protocol of this community, and if there is no management protocol, you should obtain the written consent of the owners’ committee and the property management committee or obtain the written consent of other owners in the building.
At the same time, if the house is a rental house, the written consent of the owner of the rental house must be obtained.
"International metropolises basically have strict and standardized management requirements for operating short-term rental houses or homestays in residential quarters, with special emphasis on the protection of the rights and interests of neighboring rights holders and public security interests, and basically implement a prior administrative license or registration system." Lou Jianbo, director of the Real Estate Law Research Center of Peking University, told reporters that the short-term rental housing operation needs to comply with the management agreement of the community or at least obtain the written consent of other owners in the building, which is fully in line with the spirit of the Civil Code and fully reflects The spirit of self-government of the owners is the guarantee and respect for the owners’ housing rights.
Internet platform release information must be checked
Under standardized management, Internet platforms have become information "gatekeepers" and have been given the responsibility of verification.
The notice stated that Internet platforms that publish short-term rental housing information should perform four responsibilities: verify the materials submitted by operators of short-term rental housing; register the detailed address of the house, verify the condition of the house, and confirm compliance with relevant regulations; register and authenticate the identity of the operator by real name, Register the identity information and effective contact information of the person who signed the order and the actual occupants one by one; report the occupants, housing and other information in a timely manner in accordance with the requirements of the public security and housing construction departments.
Among them, the materials submitted by the short-term rental housing operator should include the owner’s identity certificate, housing ownership certificate, operator’s identity certificate, public security responsibility guarantee, and the community management agreement or the decision of the owners’ meeting, and other materials approved by other owners in the building. Wait.
The Internet platform shall not provide information release for the premises that have not passed the verification materials, the location or area of the house is inconsistent with the ownership certificate, the pictures or supporting facilities are inconsistent with the actual situation, and the name prescribed by the hotel industry regulations is used.
Violation of the regulations shall be punished by the public security, cybersecurity and informatization departments in accordance with relevant laws.
Not to rent to people without ID
The hidden safety hazard of "you can move in without the owner's confirmation" after placing an order is also expected to be evaded after the introduction of the regulations.
The notice stipulates that short-term rental housing operators should check the ID information of the residents face-to-face before the residents move in, and immediately declare the registration information through the prescribed information system.
The content of the registration information includes the name of the resident, the type of ID, ID number, residence time, effective contact information, etc.
It should be noted that the notice specifically stated that short-term rental housing operators shall not rent houses to people without legal and valid identification.
If the house is rented to a person without an ID or the relevant information is not registered in accordance with the regulations, the public security and other relevant departments shall impose penalties in accordance with the relevant provisions of the "Public Security Administration Punishment Law of the People's Republic of China" and "The People's Republic of China Anti-Terrorism Law".
In addition, if real estate service enterprises or housing management units discover illegal short-term rental housing in the residential area, they should discourage and stop the illegal activities, and if the discouragement or stop is invalid, they should promptly report to the relevant administrative departments, sub-district offices, and township people’s governments. .