China News Service, April 26. According to the website of the Ministry of Housing and Urban-Rural Development, 6 departments including the Ministry of Housing and Urban-Rural Development and the National Development and Reform Commission have recently jointly issued the "Opinions on Strengthening the Supervision of Asset-light Housing Leasing Enterprises", proposing to regulate housing leasing operations and housing leasing companies. In principle, the period of a single rent collection should not exceed 3 months.
The "Opinions" put forward to strengthen the management of employment.
Enterprises engaged in housing leasing operations, and natural persons who sublet more than 10 units (rooms) of housing, shall register as a market entity in accordance with the law and obtain a business license, and their name and business scope shall include the words "housing leasing".
In addition, the "Opinions" mentioned that it is necessary to regulate the behavior of housing leasing operations.
The housing leasing enterprise shall incorporate the housing information it operates into the management of the housing lease management service platform, and submit real-time lease contract information such as the lease contract period, the rental deposit and its payment method, and the basic information of the tenant.
In principle, the period of a single rent collection by a housing leasing company should not exceed 3 months; in principle, the rent paid to the owner of the house shall not be higher than the rent collected by the lessee, except for normal business activities caused by market changes.
Online information platforms that provide housing rental services shall verify the real identity information and subject qualifications of the publishers of housing information, and shall not publish housing for housing rental enterprises and their employees that have not submitted false information or have not submitted their opening reports, and are included in the list of abnormal business operations. Source information.
The "Opinions" also proposed to carry out supervision of housing leasing funds.
A housing leasing enterprise shall set up a housing leasing fund supervision account in a commercial bank, file it with the housing and urban-rural construction department of the city where it is located, and publicize it to the society through the housing leasing management service platform.
When housing leasing companies release housing information, they shall also release housing leasing fund supervision account information.
If a housing leasing company collects rent for more than 3 months at a time, or if it collects a deposit for more than 1 month, it shall include the collected rent and deposit in the supervision account, and pay the rent to the owner of the house through the supervision account and refund to the tenant deposit.
Commercial banks shall, through system connection, push real-time supervision account fund information to the housing and urban-rural construction departments of the cities where they are located.
The funds included in the supervision account can be used to pay the necessary expenses such as renovation and renovation of the corresponding house, provided that the rent of the right holder of the house is paid in full and on schedule and the deposit of the tenant is refunded.
Urban housing and urban-rural construction departments should work with local financial regulatory authorities to establish a housing leasing fund supervision system, strengthen daily supervision and management, and urge housing leasing companies and commercial banks to fulfill their responsibilities and ensure that fund supervision is in place.
The "Opinions" make it clear that it is forbidden to arbitrarily use housing rental consumer loans.
Housing leasing companies shall not conduct financial business in a disguised form, shall not embed relevant content of housing rental consumption loans into housing lease contracts, shall not use the tenant’s credit to obtain housing rental consumption loans, shall not induce tenants to use housing rental consumption in the name of rent installment or rent concessions loan.
Financial institutions should strictly manage housing rental consumer loans, strengthen credit review and use management, and must take effective measures to verify the identity of the borrower, assess the repayment ability, verify the willingness to borrow, and make records before issuing loans.
When granting loans, the borrower should be clearly informed of the nature of the loan, loan amount, annualized interest rate and related liabilities for breach of contract, so as to effectively protect the borrower’s right to know, choose and fair transaction rights.
Financial institutions shall issue housing lease consumer loans on the basis of the recorded housing lease contract, the loan amount shall not be higher than the housing lease contract amount, the loan period shall not exceed the housing lease contract term, and the frequency of granting loans should match the frequency with which the borrower pays rent , Loan funds can only be transferred to the borrower’s account, and at the same time strengthen the management of the use of loan funds to avoid the risk of misappropriation of funds.
Financial institutions should formulate a proper disposal plan for the stock of housing rental consumer loans that have actually been issued to housing leasing companies to steadily dissolve the stock.
The housing and urban-rural construction departments should share with financial institutions the list of housing leasing companies that have high-risk operations such as "high entry and low exit", "long income and short payment". Financial institutions should conduct risk assessments of enterprises, strengthen list management, and Enterprises included in the aforementioned list are not allowed to issue loans.
The "Opinions" also mentioned that the level of housing rents should be reasonably regulated.
The housing and urban-rural construction departments of large cities with strong housing rental market demand should establish a housing rent monitoring system and regularly publish information on the market rent levels of different regions and types of rental housing.
Actively guide both parties in housing leasing to determine rents reasonably and stabilize market expectations.
Give full play to the exemplary role of housing leasing companies, especially large and medium-sized housing leasing companies, in stabilizing market rent levels.
Strengthen rent monitoring in the housing leasing market, pay close attention to the abnormal increase in regional rents, and take necessary measures to stabilize the rent level if the rent rises too fast.
In addition, the "Opinions" also made relevant requirements on the proper resolution of housing lease conflicts and the implementation of the main responsibilities of the city government.